Indefinite Leave to Remain (ILR) is your gateway to settling in the UK for good. Also known as ‘settlement,’ it grants you the freedom to live, work, and study without restrictions and even apply for benefits if eligible. Plus, it’s your first step toward becoming a British citizen!
If you’re seeking to apply for UK Indefinite Leave to Remain, our professional team of immigration solicitors can provide the expert assistance and guidance you require. Give us a call at 02033939272.
With indefinite leave to remain (ILR), foreign nationals can reside in the UK indefinitely, unrestricted, and permanently. The terms “permanent residence,” “settlement,” and “settlement visa” can all refer to ILR. With ILR, you and your family can permanently settle in the UK, eliminating the need to apply for additional visas to live, work, or study.
Obtaining Indefinite Leave to Remain UK is the last stage before becoming a British citizen, and it is the goal of many people who come to the UK to live, work, or visit family.
ILR unlocks a world of opportunities in the UK, allowing you to:
The requirements for ILR depend on your specific circumstances, including the type of visa you currently hold. However, there are fundamental criteria you must meet to be eligible:
Meeting these criteria is essential for submitting a successful application for UK Indefinite Leave to Remain.
Certain individuals can achieve settled status in the UK without applying for Indefinite Leave to Remain (ILR). These include:
These exceptions provide direct pathways to settlement without the need for an Indefinite Levae to Remain application.
You must provide evidence showing your proficiency in listening and speaking in English at the B1 level as defined by the Common European Framework of Reference for Languages in order to apply for Indefinite Leave to Remain UK.
The majority of candidates must be able to display the exam results online or possess a certificate from an authorised test provider to submit with their application for Indefinite Leave to Remain.
However, certain people will not be required to meet this condition. For instance, Citizens of majority English-speaking nations or those belonging to the Commonwealth are typically excluded. These countries include but aren’t only limited to
Additionally, the following candidates will not be required to speak English:
To apply for Indefinite Leave to Remain UK, you must first pass the Life in the UK test. The British Citizenship or Life in the UK test focusses on the traditions, history, and culture of the UK.
The test lasts 45 minutes and has 24 questions that are chosen at random on the day of the test. At least 75% is needed to pass the test.
The exam, which costs £50, is also accessible at over 30 authorised centres. However, you should be aware that there are only five test sites in close proximity to your home. If you do not pass the first time around, you are given another opportunity to do so seven days after the exam date. You have an unlimited number of attempts to pass the test.
People who are 65 and older or who are under the age of 18 will not be compelled to complete the test. Additionally, a person will usually be turned away if they have proof from a doctor that they have had a long-term physical or mental illness.
Bring a valid form of identification (driver’s licence, passport, etc.) and a recent (within the previous three months) letter confirming your residence in the United Kingdom on the day of the test. Along with your application, you need to provide your Life in the UK pass certificate.
Your Indefinite Leave to Remain application requires a variety of supporting documents. This also applies to any dependents requesting on your behalf, not just yourself.
Always remember that the documents you provide must be original. In addition, you’ll need to submit an explanation if you can’t produce the original documents. The Home Office will be understanding if you can’t get the original papers for some reason.
In most cases, you will need to provide the following details and documents:
Our Rees Clayton immigration solicitors can support you at every stage of the Indefinite Leave to Remain application process. Your dedicated lawyer will fill out your application form really well after checking your eligibility. This involves reviewing all of your documents to make sure your proof portfolio is sufficient. In addition, we can write a Letter of Representation regarding your application.
Make an online inquiry or give us a call at 02033939272 to start the process of obtaining Indefinite Leave to Remain status.
If you have been lawfully staying in the UK under a settlement visa, you will be eligible to apply for indefinite leave to remain (ILR) if you complete the requirements for that particular visa’s minimum time term. In addition, there are further requirements that the candidate must meet.
The following visa options may get you UK Indefinite Leave to Remain:
Additionally, it is possible to qualify for ILR through alternative routes that do not require holding a specific visa.
An individual is generally not eligible for Indefinite Leave to Remain (ILR) if they have spent more than 180 days outside the UK in a 12-month period. However, there are exceptions to this rule.
Certain circumstances may allow for longer absences without affecting ILR eligibility. These include:
Regardless of how long you have lived in the UK, it’s important to keep track of the time you’ve spent outside the country to avoid complications with your ILR application.
It may be difficult and time-consuming to qualify for indefinite leave to remain UK. At Rees Clayton, we are committed to providing exceptional service to each of our clients. Our experienced immigration attorneys will carefully assess your situation, offering personalised guidance on the best steps forward. We will also assist you throughout the process, ensuring your application is completed and submitted correctly to the Home Office.
Request via email or give us a call at 02033939272 to start your Indefinite Leave to Remain application.
The type of visa you possess determines the residency requirement before you can apply for permanent resident status. Before applying for ILR, you would typically need to have held a valid UK visa for at least five years. Several types of visa holders are affected by this (more on this in the section that follows), including those with family visas and those with work visas. After three years, holders of the Entrepreneur, Innovator, or Investor visas may be eligible for permanent resident status.
Your individual situation will determine the minimum amount of time you need to have spent in the UK before you may apply for Indefinite Leave to Remain. After five years of lawful residence in the UK with a valid visa, a foreign national can often apply for ILR.
Here are a few visas that need a minimum of five years of residence in the UK:
You may be able to use the time you spent on other visas to fulfil your residency requirement for some visas.
During your ten years of continuous residency, you are not allowed to leave the UK for longer than 180 days in any one year.
You may qualify for Indefinite Leave to Remain (ILR) if you have lawfully resided in the UK for a continuous period of 10 years or more. This could refer to time spent in one or more immigration categories.
If you intend to live in the UK continuously for the next decade, you can’t spend more than 180 days outside of the country in any given year. It is not possible to claim continuous residency if you have spent more than 548 days abroad in total or 184 days in any 12-month period if your time abroad started before 11 April 2024.
Those who have been in the UK for less than five years may be eligible for indefinite leave to remain (ILR) status under specific circumstances, such as:
After three years, depending on the success of your business, you may be eligible for an Innovator Founder Visa.
If your most recent endorsement was for “exceptional talent” or “exceptional promise” or for the UK Research and Innovation fast track, you may be eligible for a Global Talent Visa after three years.
You can apply for a Tier 1 (Entrepreneur) visa after three years if you’ve established a business that generates £5 million in revenue or if you’ve created ten new full-time jobs that have been in existence for twelve months.
If you have invested a certain amount of money and applied for a Tier 1 (Investor) visa during the first two or three years, you will be eligible to apply.
Before you apply for ILR, make sure you meet all of the requirements listed above. If you meet the requirements, you can apply for ILR by completing these steps:
UK Visas and Immigration (UKVI) requires you to show proof in the form of certificates. You have the option to upload your Indefinite Leave to Remain documents online or bring them with you to your UKVCAS appointment. Below is a list of documents that may be asked from you.
If UKVI needs further information, they may invite you to an interview.
If the main applicant’s dependent children are under the age of 18, they can also apply with them as long as they meet the eligibility requirements. Among the requirements are:
If the applicant’s child is between the ages of sixteen and eighteen, they must show that they are still financially dependent on their parents or legal guardians.
One of the most common visas for joining partners in the UK is the Spouse Visa. After five years of lawful residency in the UK, a spouse of a settled partner can typically apply for Indefinite Leave to Remain status.
Spouse visas are valid for one year from the date of issuance and can be renewed for an additional year once 30 months have passed. When the Spouse Visa Extension term ends, spouses who meet all requirements can file for ILR.
Applications for Indefinite Leave to Remain UK are often submitted using one of two forms: Form Set (O) or Form Set (M).
When applying for ILR as a parent or partner of a child already settled in the UK, Form Set (M) must be filled out.
Use Form Set (O) for any additional ILR applications. This encompasses individuals who have been residing on various types of visas, such as Investor, Global Talent, Long-term Worker, Skilled Worker, PBS dependent, and UK Ancestry visas.
While there is no fixed timeline, an Indefinite Leave to Remain application is typically processed and approved within six months.
The current cost of an Indefinite Leave to Remain application is £2,885. If you are qualified, you can pay an extra £1,000 for super-priority processing (done in 24 hours) or £500 for priority processing (done in 5 days).
An important part of the ILR entry process is registering biometric information, which costs £19.20. Your dependents must also pay the full £2,885 application fee if you are applying on their behalf.
Your Biometric Residence Permit (BRP) serves as a vital form of identification, containing your name, date of birth, fingerprints, and a photograph. It also provides important details about your immigration status, any conditions tied to your stay, and the benefits or services you may be entitled to access.
If you don’t already have a BRP, it’s essential to obtain one before submitting your Indefinite Leave to Remain (ILR) application. Once your ILR application is submitted, you’ll receive guidance on how to collect your BRP.
If you hold Indefinite Leave to Remain (ILR), you have the right to live in the UK permanently without any restrictions.
You can work and study in the UK without incurring additional costs. Additionally, you are entitled to free healthcare services through the National Health Service (NHS).
It’s important to note that Indefinite Leave to Remain (ILR) in the UK can be revoked under certain circumstances. These include:
A rejected application can be very upsetting. Firstly, you should find out why your application was turned down. The rejection letter will explain why the request is denied. If there was a clear mistake on the application, the best thing to do is to send it again with the mistakes fixed.
It is possible to appeal the Home Office’s decision if you feel your application was unfairly denied.
If you believe a genuine error was made in your application, such as a critical piece of proof being overlooked, you should request an administrative review. If you choose this option, a separate immigration officer will review your case.
You may have the option to formally appeal the Home Office’s decision in some circumstances. Your denial letter will state whether this is an option for you.
If you decide to appeal the Home Office’s decision, UKIS is here to support you throughout the entire process with our comprehensive appeal package. For more information, call us today at 02033939272. Alternatively, you can reach out to the Home Office directly if you prefer.
One of the most important requirements for naturalisation as a British citizen is Indefinite Leave to Remain. Even after you’ve lived in the UK for a specific amount of time with ILR status, you won’t automatically become a citizen.
You can apply for British citizenship after twelve months of living in the UK under ILR, as long as your circumstances haven’t changed a lot. You need to fill out an application for British citizenship by naturalisation and send it to the Home Office if you want to become a full British citizen.
Citizenship allows you to apply for a British passport and enjoy full citizenship advantages.
The EU Settlement Scheme offers an alternative to Indefinite Leave to Remain for nationals of the EU, EEA, and Switzerland. Successful applicants are granted the right to live and work in the UK without restrictions beyond June 30, 2021, under the terms of the scheme.
To qualify, you must have been residing in the UK before December 31, 2020. Additionally, if you meet the criteria, your immediate family members can also join the scheme and enjoy the same benefits.
For assistance with Indefinite Leave to Remain or any related queries, feel free to contact us at one of our UK offices in London, Manchester, or Birmingham.
At Rees Clayton, we specialise in handling all types of immigration applications, including those that require an appeal after a rejection. As the leading immigration experts in the UK, we have a proven track record of successfully submitting ILR applications. Our services include:
For more details on ILR visas or assistance with your Indefinite Leave to Remain application, please don’t hesitate to contact one of our immigration solicitors at 02033939272 or via our online contact form.
There are various pathways to obtaining Indefinite Leave to Remain (ILR) in the United Kingdom. Typically, this is granted when you are in the UK with permission for one of the following reasons:
In addition, refugees resettled in the UK via the Gateway Protection Programme will automatically be granted immediate right to remain. Dependent children of British citizens or individuals who are permanent residents of the UK may be awarded immediate permission to remain indefinitely.
A person’s status as an ILR holder may be revoked if they depart the UK for a period of two years or more. As a returning resident, you should check that your time away from the UK does not surpass five years and does not breach ILR requirements if you have been away for a long time and have returned.
When you apply for ILR, you will obtain a document that is referred to as an ILR card.
To receive an ILR card, you also have to meet an extensive list of standards. According to October 2013, this encompasses the completion of an English for Speakers of Other Languages (ESOL) speaking and listening qualification.
Your Indefinite Leave to Remain card or certificate can be used as proof of your settled status whether you seek citizenship, rent a home, or apply for a job.
Yes, you have to take the Life in the UK test if you are between the ages of 18 and 65 and want to become a citizen or live in the UK.
The exam is a typical test designed to assess your understanding of British traditions, customs, and history. You need a score of 75% or above to pass the exam and ensure that you meet this portion of the eligibility requirements for Indefinite Leave to Remain.
Although you are free to take the test as many times as you need to, there is a charge associated with each attempt.
Our team of skilled immigration attorneys is here to assist you with any aspect of the Life in the UK test or ILR visa application process, including helping you prepare for the test.
Different types of crimes will have different effects on your application for ILR, but in general, any convictions that haven’t been expended will probably hurt your chances of being approved.
Depending on the nature of the conviction, it may continue to affect your ILR application even after the sentence has expired. To increase your chances of success, we strongly recommend that you discuss your conviction with an immigration specialist before submitting your application.
Citizens of the Commonwealth who have been residents of the UK for five years on an ancestry visa are eligible to apply for indefinite leave to remain under UK immigration regulations.
Just in case you don’t have that particular visa, there are other valid options that you can explore, such as applying through a spouse visa, a work visa, or any of the other common methods.
In addition, the United Kingdom does not impose immigration restrictions on numerous Commonwealth nationals since they have a “right to abode” in the country. It is possible that some of them can even apply for British citizenship directly.
For those who are British, Irish, or have established or pre-settled status under the EU Settlement Scheme, the “right of abode” means the ability to remain in the UK indefinitely.
There are certain commonwealth citizens who also have the “right of abode” in the UK. When you have the right to live in the UK, you are able to stay there without having to worry about immigration laws.