Why 'Indefinite Leave to Remain' is no longer the golden ticket

Traditionally, for migrants that obtain Indefinite Leave to Remain (ILR) in the UK, they can feel confident about their immigration status and begin to plan their future in the country without fear of facing significant fees to extend their leave. However, a recent Court of Appeal case confirmed that the Home Secretary does have the legal power to cancel someone’s ILR while the holder is outside of the UK.

Immigration lawyer Julie Moktadir warns that ILR is no longer the ‘golden ticket’, in immigration terms, and that those who hold it should consider applying for British citizenship.

Julie, who is a Partner at Cambridge law firm Stone King, explains: “Even if an individual has ILR, British citizenship is still well worth considering to protect their status in the UK. Unfortunately, I have many examples of clients I have acted for, for whom citizenship would have dramatically changed their situation.

"For example, I assisted a gentleman who, ten years ago, after living in the UK for 23 years with his wife, was involved in an accident. He was driving slightly over the speed limit, and there was sadly an individual involved who was drunk in the middle of the road and died. My client fell into a deep depression, was found guilty of death by dangerous driving and subsequently served with a deportation order. He had no previous convictions. Had he held British citizenship, he would unlikely have faced the ordeal of potential deportation.

“With this recent Appeal Court case, which confirms that the Home Secretary does have the legal power to cancel an individual's ILR, there is greater reason than ever for individuals to apply for citizenship, if their intention is to remain in the UK. It would give peace of mind in uncertain times.”

If you require legal advice, Julie can be contacted on 0800 111 4336 or at JulieMoktadir@stoneking.co.uk

Stone King is at Bateman House 82-88 Hills Road in Cambridge.



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