Page 1 of 19 Published for Home Office staff on 01 December 2020. Immigration Rules part 1: leave to enter or stay in the UK General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39E). The law covering this type of re-entry is the Immigration (Leave to Enter and Remain) Order 2000 ( SI 2000/1161 ). This will depend on an applicantâs existing immigration category and ability to meet all other relevant rules in place. If you're not sure if you have indefinite leave to remain. With indefinite leave to remain, you can only live outside the UK for 2 years. If you are married to or in a civil partnership with a British citizen then you will be eligible to naturalise as a British citizen as soon as you have been granted indefinite leave to remain and spent 3 years in the UK. Normally, where a person with leave, whether limited or indefinite, travels outside the UK, that person can re-enter the UK as long as the leave has not expired. Leave is granted for up to five years after which time applicants can either extend their leave or apply for Indefinite Leave to Remain (ILR). Indefinite Leave to Remain is the stepping stone to British Citizenship. Indefinite Leave to Remain or Permanent Residence is granted on the basis that a person is settled in the UK. You will be eligible to naturalise as a British citizen after you have held ILR for 12 months & spent 5 years in the UK. You can live outside the UK for 5 years without losing your settled status. Continuous residence is not broken if you are absent from the UK for 6 months or less, only if you had existing limited leave to enter/remain when you left the UK and upon your return. Calculating Absences from the UK in your Indefinite Leave to Remain (Long Residence) Application. The UK Government when granting leave to remain (visa) where a person does not meet the Immigration rules and is relying on private or family life, or Art 8 (European Convention on Human Rights), or is a failed asylum seeker, often grants âdiscretionary leave to remainâ, also known as leave outside of the rules. To be eligible for indefinite leave to remain, applicants must have resided in the UK for a qualifying period of time. How to qualify for Indefinite Leave to Remain. Tier 2 General visa holders need to have lived in the UK for a qualifying period of 5 years and fulfil several requirements such as minimum annual salary threshold and at the appropriate rate among others. Indefinite leave to remain: calculating continuous period in UK . The Ancestry visa allows commonwealth citizens, with at least one grandparent born in the UK, to enter the UK in order to work. Version 22.0 One can obtain Indefinite Leave to Remain in a number of ways. 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