What is ILR, and why is it important?
Indefinite Leave to Remain, or ILR, is an immigration status. It’s often called “settled status” and acts as your gateway to making the UK your permanent home. Getting an ILR means you no longer face immigration time limits. You can live, work, and study here without restrictions, accessing most public services just like a British citizen.
This status is often the last step before applying for British citizenship. Many people apply for ILR after living here for a set period, usually through routes like a skilled worker visa or a family visa. Without ILR, your future in the UK always has an expiry date, making its refusal particularly stressful.
To get ILR, you usually need to meet several requirements. Most applicants must have lived in the UK for a continuous period. You also need to prove your English language skills and pass the Life in the UK test.
A very important part of the application is the “good character” requirement. This is where your past conduct, including any criminal convictions, comes under close review. The Home Office looks at your history to decide if you meet this requirement. A criminal conviction, especially one involving dishonesty such as a false passport charge, could lead to the refusal of an ILR application.
False Passport Conviction and ILR Refusal Upheld
In 2001, a Zimbabwean national arrived in the UK and made an unsuccessful asylum application. Then her daughter arrived in the UK and gave birth to a child. Later, the child obtained British citizenship. The applicant became the child’s guardian after her daughter passed away from COVID.
The applicant was found guilty of possessing a fake passport in 2005, which she attempted to use to obtain a National Insurance Number for employment. She received a 12-month prison sentence.
In 2011, the applicant was granted leave on human rights grounds. She was then given three years of discretionary leave in February 2012, with two more periods of discretionary leave. Upon completing six years of residence, she applied for settlement in July 2023.Due to her imprisonment, the application was refused; instead, she was given three more years of discretionary leave.
Despite a pre-action letter, the Home Office upheld the decision to refuse. The applicant then submitted a judicial review. However, the refusal was upheld, and it was determined that there was no proof that the applicant’s granddaughter would be affected and that it would not cause damage to her family life. The applicant was required to pay half of the respondent’s reasonable expenses up until 2024; after that, the full amount of reasonable costs.
By : Inci Avci