Features Of Ilr

[liveforever]

Just wondering if someone could outline the differences in your rights ect when you obtain ILR.

Does it make travelling to europe any easier?

I understand my wife could claim job seekers allowance if she lost her job?

Also the expiry date is around 10 years, we are going for citizenship but if we did not how would we stand on expiry?

Any other differences?

Kind regards

[Waterloo]

Liveforever

Indefinate leave to remain, I beleive is Indefinate, the time limit you refer to I beleive is just the biometric ID card, If I am wrong I'm sure 7by7 will be along shortly to correct me.

[liveforever]

Thanks waterloo, that makes sense about the expiry.

I seem to have double posted this topic, can't find how to delete one of them, if admin could do it that would be great.

Kind regards

[bobrussell]

ILR, in effect, gives someone all the rights, including benefits of a British Citizen.

It is not that great when it comes to European travel as a Schengen visa is still required (free if the spouse of an EU citizen and travelling with them).

It is possible to travel in the EU with a spouse without a visa but it can complicate travel arrangements (carriers may refuse to take you!).

ILR will lapse if the visa holder leaves the UK for more than two years although entry will generally be given as a visitor on arrival at the discretion of the immigration officer.

Citizenship is not time limited!

The Residence ID card has an expiry (similar to a drivers licence)but the ILR does not.

I am sure I will be corrected if wrong on any points!!!

[7by7]

As said, ILR is indefinite; the 10 years is the life of the biometric residence card. Of course, if she were to naturalise as British then your wife wont need a residence card anymore.

ILR will lapse if the holder spends a continuous period of 2 years or more outside the UK. Once lapsed, it is lapsed and cannot be used to enter the UK again, even as a visitor, and the person will need the appropriate visa should they wish to enter the UK again.

Where Bob is confused is that if their ILR has not lapsed but becomes apparent to an immigration officer that an ILR holder seeking entry to the UK is no longer a UK resident then the IO could cancel the ILR then and there, although the person would be allowed in as a visitor on that occasion.

Travel to other EEA states can be complicated. Officially as she is the wife of an EEA national she does not need a visa at all, whether she holds ILR or not; provided she is traveling with or to join you and can prove that she is your wife. Practically, as she is the spouse of an EEA national and so the visa will be free and easy to obtain, it makes life a lot easier if she gets one; even if she holds ILR.

Even before she has ILR she can claim some public funds, such as contribution based JSA. Once she has ILR all prohibitions and restrictions on public funds are removed.

Whether to become British or just remain in the UK with ILR is a personal choice. As I say here, the main advantages of naturalisation over ILR are:-

• Far more countries allow visa free or visa on arrival entry to British passport holders than do to Thai passport holders. (I make no comment on the rights and wrongs of this.)
• ILR will lapse if the holder spends a continuous period of 2 or more years out of the UK. Even if an ILR holder makes regular trips to the UK their ILR can be canceled by an immigration officer at their port of entry if it is apparent that they are not a UK resident; although they will be allowed in as a visitor on that occasion. Citizenship once granted will never lapse and a British citizen can leave the UK for as long and as often as they wish in the certain knowledge that they will always be allowed back in.
• Children born after their parent has been naturalised as British will automatically be British, wherever they are born. Children born to an ILR holder will only be British if they are born in the UK or a qualifying territory; unless the other parent is British otherwise than by descent.
• ILR can be removed and the holder deported from the UK if they are convicted of any criminal offence which results in imprisonment. A naturalised British citizen can have their citizenship removed, but only if it is deemed to be in the public interest. That basically means being convicted of an extremely serious offence such as terrorism. Even then it would not be removed if the person would be made stateless by doing so. Obviously both ILR and citizenship can be removed if either were obtained by fraud or deception.
• A naturalised British citizen can take a full part in their adopted home; vote, stand for elected office etc. An ILR holder cannot do this.

Edited March 26, 2013 by 7by7

[liveforever]

7/bob,

Thank you, you nailed the answers perfectly for me, think I'm clear on it all. Didn't realise the euro visa would be free now she has ILR. Great stuff.

Kind regards

[liveforever]

When we apply for a schenzen visa, would they still need to see our marriage cert ect or would it be taken care of from the fact she has ILR?

Thanks

[7by7]

I'd supply the marriage certificate to be certain, but check on the requirements for the country you are applying to.

BTW, a Schengen visa is not free for her now that she has ILR; it is free because she is the spouse of an EEA national.

Schengen visas for the qualifying family members of an EEA national who are traveling with or to join their EEA national family member are always free; regardless of their immigration status in the UK or another EEA country or whether they even live within the EEA at all.

[liveforever]

Many thanks

[BIGJIMMY]

Sorry for hijacking this thread but regarding a Schengen visa, it's mentioned that the spouse is an EU citizen doesn't officially need a visa, am I reading that right, if we head off to France for the day etc then.....no problems???? we can show a UK wedding certificate.

Jimmy

[7by7]

As I say above, officially if traveling with or to join you then all she needs to do is turn up at the border and prove this is so and that she is your wife.

In reality this can cause problems and delays.

If entering the Schengen area by land or sea the immigration officers at the border may not be fully conversant with the rules and so you could be subject to a lot of hassle and delay while they check; assuming they do check and don't simply turn her away.

If flying, then airline check in staff probably wont be aware of this and so refuse to board her. You may be able to argue and find a supervisor or similar who is aware and so will let her board, but this isn't guaranteed. Even if the airline do carry her you could still be subject to the same delays and difficulties as above when you arrive.

So, I would get her the visa.

Remember, as she is resident in Thailand you will need to do this in Thailand.

[wooloomooloo]

Didn't realise the euro visa would be free now she has ILR. Great stuff.

If the embassy that you apply to have outsourced the collation of applications through VFS then you will have to pay an admin fee in the region of £20.

[Somtamme]

One other plus point, the advantage of naturalisation over ILR, is being listed on the electoral role. Banks use this criteria on occasion for credit scoring.