How To Renew Indefinite Leave To Remain – If you are settled in the UK, you may be wondering how to renew Indefinite Leave to Remain (ILR) and how long it is valid. We take a look at the rules surrounding ILR as well as how to renew a Biometric Residence Permit (BRP).
At Halliday Reeves, we are immigration experts who have helped many individuals obtain ILR and, where necessary, apply for a returning resident visa if ILR has been lost. We have a proven track record in dealing with ILR issues and in renewing BRPs.
We can make sure that your application is as comprehensive as possible and that all of the relevant points are dealt with. We will go through the documentation you have in support and make sure that strong evidence is included to give you the best likelihood of success.
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When does Indefinite Leave to Remain expire?
Your status as a holder of ILR will not usually expire, however you could lose ILR in certain circumstances. For example, if you were to leave the UK and not return for more than two years, you would automatically lose your ILR status. To avoid this, you should make sure that you are not away from the UK continuously for more than two years.
Biometric Residence Permit expiry
As a holder of ILR, you will need to have a valid BRP. You should check the expiry date of your BRP carefully as, if you allow the document to expire, you will be classed as an overstayer. You would then need to leave the UK within 30 days or you could be prevented from re-entering the country at a later date and be guilty of overstaying your visa without reasonable cause, which is a criminal offence.
If you overstay, the Home Office may accept a late application provided that it is made within 14 days of the expiry date and that you have a good reason for being late to apply. Because of the tight timescale, you may want to ask an immigration solicitor to deal with your application to ensure that it includes all of the necessary paperwork.
Having a record of overstaying in your immigration history could count against you in future applications to the Home Office. A BRP issued in conjunction with ILR may last for ten years before expiring, but this is not always the case and you must ensure that you know when expiry is.
You will not be officially reminded that the expiry date is approaching so it is recommended that you check this and deal with the renewal in plenty of time.
How to renew Indefinite Leave to Remain Card
The document that may need to be renewed if you hold ILR is the Biometric Residence Permit. If you have ILR and your BRP is due to expire shortly, you can apply to renew the BRP online using the government website and their BRP replacement service. You will need to fill in the form and pay the fee of £56 for a new BRP. If you also need to provide your biometric information again, which is your photograph and fingerprints, there is a fee of £19.20 for this.
In addition, you will need to provide a range of other documentation, including evidence that you have been continuously resident in the UK.
What happens if Indefinite Leave to Remain is lost because you were out of the UK
If you have been out of the UK for two years or more and you have lost your ILR status, you may be able to regain this by making an application for a returning residents visa. You will need to explain why you have not been living in the UK and show that you have strong ties to the country. We can advise you as to the evidence you can provide to satisfy the Home Office of these points. A fee of £531 is payable when your returning residents visa application is submitted.
Contact our Indefinite Leave to Remain solicitors
If you need to renew a Biometric Residence Permit or apply for a returning residents visa, we will be happy to help.
We have offices in Gateshead, Middlesbrough, Wakefield and Nottingham. To speak to one of our expert Indefinite Leave to Remain lawyers, ring us on 0330 133 7777, email us at firstname.lastname@example.org or fill in our Contact Form.
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