Who Can Enter The UK Under The Indefinite Leave To Enter Category

Uniquely, Indefinite Leave to Enter (“ILE”) allows someone to move to the UK and stay permanently thereafter.

Indefinite Leave to Enter is unlike entry clearance, which permits an individual to be in the UK for an initial, set period of time only. To continue to remain in the UK, someone with entry clearance will have to go through a visa renewal process or apply for indefinite leave to remain. ILE does not, however, need to be renewed.

The following categories of persons can apply for ILE:

• Returning Residents, i.e. those who have been absent from the UK for 2 or more continuous years but were settled in the UK when they departed. As part of such applications, the applicant will be expected to provide evidence of having maintained ties with the UK throughout the period of their absence.

• Adult Dependent Relatives, i.e. those who are aged 18 plus and are reliant on the care of a relative (who is the applicant’s child, grandchild, sibling or parent) who is a British citizen or a person present and settled in the UK. The level of care must be long-term, personal,for the purpose of performing everyday tasks and it must be as a result of age, illness or disability.  Furthermore, the applicant will need to demonstrate why, even with the practical and financial help of their relative, they are unable to obtain the required level of care in their home country.  

• Children of Settled Persons i.e. those who are under the age of 18 and have at least one parent who is a British citizen or present and settled in the UK. It should be noted that the Immigration Rules expect both of the children’s parents to be living in the UK unless one parent has sole responsibility for the child’s upbringing, or there are serious and compelling circumstances which would make the exclusion of the child from the UK undesirable.

How Gherson Can Help

All of the above applications can have complex evidential requirements. Gherson’s Immigration Team has extensive experience in assisting individuals to relocate to the UK under a broad spectrum of immigration categories, including ILE applications.

Please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication, it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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