The topic on migration is an unending issue with countries ensuring that policies that concerns the migration of persons from various countries are favorable to both the immigrants and the host countries.
Countries all around the world have various criteria they expect foreigners to uphold while seeking to stay in their country.
Some foreigners are subjected to various types of tests that require them to take, to qualify them an opportunity of being granted visas to stay.
An example is the UK government’s Indefinite Leave to Remain[ILR] policy that gives applicants the opportunities to becomes citizens by naturalization without facing immigration problems.
What is ILR? It is an immigration status granted to a person who does not hold the right of abode in the United Kingdom(UK), but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter.
A successful ILR application grants an applicant the right to live and work in the UK without any immigration restrictions.
Securing Indefinite Leave to Remain, or Permanent Residence, also entitles holders to subsequently apply for naturalisation.
Firstly any applicants must be above 18yrs old and not more than 65yrs old. Also, applicants must not have any long term sickness or mental or physical disabilities that would hinder the person from attending any of the classes .
If you have a visual or hearing impairment then this will not necessarily exempt you from the test. Physical conditions like this are reviewed on a case-by-case basis. Most test centres are well equipped to assist people with such disabilities.
In order to meet the ‘knowledge of language and life in the UK’ requirement for Indefinite Leave to Remain (ILR)/settlement you must:
- pass the Life in the UK test
- have a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent
If you have and you must intend to continue the marriage lived in the United Kingdom legally for a certain length of time – usually five years – you can apply for Indefinite Leave Categories that allow an application for permanent residency in the UK include:
- Legal residence – after five years (for example, spent on a Tier 2 visa)
- Marriage or partner of a British citizen, or a person settled in the UK – five years, all of which must be spent on the spouse/partner visa.
Long residency – after ten years legal residency
If your application for ILR is successful then you will be allowed to live and work in the country lawfully with no time limits or conditions on your stay. However, permanent residents are advised not to spend periods of more than two years outside of the UK. Long-term residents should consider the UK their home. Spending small periods of time here may lead to ILR being revoked.
Once your application for ILR has been approved you are able to apply for public benefits, subject to eligibility.
For applicants seeking to remain as the spouse or partner of a British citizen, or someone settled in the UK, you must be able to show that you were given permission to enter/remain in the country on a marriage/partner visa and that you have completed the residency requirement. You will also need to be able to provide evidence of your cohabitation and intention to continue the marriage.