If you are coming up to the time when you can finally apply to Indefinite Leave to Remain after 5 years of continuous residence on your visa in the UK, congratulations! Indefinite Leave to Remain will give you the security and certainty of knowing that you have settled in the United Kingdom, and you are one step closer to getting British citizenship. In this article, we will explain all you need to know about applying for Indefinite Leave to Remain after 5 years including what you can do when you have ILR, the eligibility criteria, and the application process you will need to follow.
What is Indefinite Leave to Remain after 5 years?
Indefinite Leave to Remain after 5 years allows a person who has come to live in the UK to settle permanently and gain citizenship after a further 12 months. Foreign nationals who come to the UK to work, run a business, or join family can apply for Indefinite Leave to Remain (ILR) after a certain number of years of continuous residence in the UK on a valid qualifying visa. Most eligible visa holders can apply after 5 years, however, there are some accelerated routes to ILR such as the Innovator Founder visa which lead to ILR after 3 years.
What can I do with ILR after 5 years?
With Indefinite Leave to Remain after 5 years, you will be able to:
- Live in the UK without the need to apply for a visa
- Study in the UK without any time restrictions
- Work in the UK without any time restrictions
- Start and run a business
- Access the NHS for your healthcare needs without paying the healthcare surcharge
- Apply for benefits if eligible
- Apply for British citizenship after 12 months, and
- Leave and re-enter the UK freely
It is important to note, however, that while ILR allows you to stay in the UK without time restrictions, you may lose your settlement rights if you leave the country for 2 or more years. This is why until you have citizenship, it is important to keep an eye on the amount of time you are spending outside of the UK when you have ILR.
Am I eligible for ILR after 5 years?
You will be eligible for ILR after 5 years if you have spent at least 5 continuous years in the UK on a qualifying visa. Visas that qualify holders for ILR include (this list is not exhaustive):
- Work visas:
- Skilled Worker visa
- Tier 2 Minister of Religion visa
- International Sportsperson visa
- Business visas:
- Global Talent visa
- Innovator visa
- Tier 1 (Entrepreneur) visa
- Representative of an overseas business visa
- Family visas:
- Spouse visa
- Parent visa
- Child visa
‘Continuous residence’ means that you must have spent at least 5 years in the UK on your qualifying visa without breaking the absence requirement. Your period of continuous residence may be broken if you are absent from the UK for more than 180 days in any 12-month period without a permitted reason. If you are unsure if you meet this requirement or whether you have a permitted reason, please contact one of our expert immigration lawyers who will be able to confirm this for you.
If you meet the continuous residence requirement on a qualifying visa, you will also need to satisfy the following to gain ILR in the UK:
- Pass the life in the UK test
- Meet the English language requirement – this can be met by either an holding an English qualification at B1, B2, C1 or C2 level or a degree taught or researched in English. Certain applicants do not need to meet this requirement including those aged 65 years or over and from a qualifying English-speaking country or territory, and, and
- Be of good character
Other visa specific requirements
There may be other requirements that you need to meet depending on the type of visa you hold, for example:
- For ILR on a Skilled Worker visa you must meet the salary requirements
- For ILR on an Innovator visa you must be endorsed by an approved endorsing confirming that you have grown your business to the level required, and
- For ILR on a spouse visa you must continue to be in a genuine and subsisting relationship with your partner and have lived together since you last renewed your visa.
How do I apply for ILR after 5 years?
The application process that you will need to follow to secure ILR after 5 years in the UK will depend on the type of visa you hold. The main steps that you will need to complete are as follows:
- Submit a completed online application form for ILR for your specific route type
- Pay the required application fee (currently £2,885)
- Upload any documents requested (this will be specific to the ILR qualifying visa you hold)
- Book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your fingerprints and a photo. You can give any documents requested by the Home Office to UKVCAS when you attend your appointment if you prefer.
Most ILR applications decisions are made within 6 months. If you require a faster decision, you may be given the choice of paying an additional fee to use the priority or super priority service. The priority service costs £500 and will ensure you receive a decision within 5 working days. The super priority service costs £1,000 for a decision within 2 working days.
What can I do if my ILR application is refused?
If your ILR application is refused by the Home Office, please speak to one of our UK settlement Solicitors as soon as possible to discuss your case. We have considerable knowledge and experience of helping our clients to have their refused ILR application reversed. There are various ways of achieving this including:
- Preparing a fresh ILR application
- Making a claim under Article 8 of the European Convention on Human Rights
- Administrative review (if an error was made by the Home Office), or
- Judicial review (to challenge the legality of the decision)
We will review the details of your case and the exact reasons for the refusal and take up your matter on your behalf with the Home Office. We will prepare a strategy, draw up the necessary paperwork, and represent you before the tribunals or court. You can relax in the knowledge that we have an extremely strong record of successfully challenging ILR refusals even in most complex and contentious cases and will do the same for your case.
