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What does it mean to be settled in the UK?
Often we are asked to clarify the meaning of “settled in the UK”. The answer is found in Section 6 of the Immigration Rules, whereby the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.
Usually a person is settled in the UK if he/she has been granted Indefinite Leave to Remain (ILR) or permanent residence under the EEA Regulations 2006. However, ILR status may be lost if one were to be absent from the UK for a period exceeding two years or if exclusion were to be justified on grounds of "public good".
