What is Indefinite Leave to Remain?
What are the continuous residency requirements?
What if my dependents are not yet eligible for ILR?
What constitutes Indefinite Leave to Remain eligibility?
What are the benefits of an Indefinite Leave to Remain Visa?
Who can apply for ILR?
The following migrants may be eligible to apply for ILR:
- Current holders of a working visa under the former PBS system
- Current holders of a working visa under the new PBS system
- Current holders of a Dependant Visa or Family Visas
- Long-term residents of the UK, ie those who have been in the country for ten years.
There are other routes to indefinite leave to remain, so eligibility should be checked on a case-by-case basis.
What Are the Requirements for Obtaining Indefinite Leave to Remain?
To apply for ILR, you must normally meet the following criteria:
- Have held your visa continuously for five years (or have lawfully resided in the UK for ten continuous years)
- Show proof of your English language proficiency:
- Nationality from an English-speaking country
- OR an accepted English language degree
- OR successfully passing an accredited English language test
- Pass the ‘Life in the UK’ test
- Meet the ‘continuous residency’ requirements
- Meet any minimum income requirements (if applicable)
It is important to note that ILR status can be revoked if you live outside the UK for more than two years.
How much are ILR fees?
How do I apply for Indefinite Leave to Remain?
Applications for ILR are online and you must ensure that the correct application form is chosen, depending on each immigration category you are applying for. It is important that all the information in your application is accurate and applicable to your case. You must pay a fee to apply and you do not get a refund if you are refused. Common reasons for refusal include:
- Incorrect or insufficient documentation
- Incorrect or incomplete application
- Failure to provide additional documents or information within a certain period of time, if you are requested by UK Visas and Immigration to do so.
What documents do I need to provide when applying for Indefinite Leave to Remain?
Generally speaking, you will need to provide the following documents when applying for ILR (Note: This is not an exhaustive list and it could be different depending on different visa type).
- Your passport.
- Evidence of your current leave to remain (i.e. your visa).
- Proof of any absences from the UK.
- Payslips from your employer to prove you meet the minimum income requirements for Skilled Workers.
- Proof you meet the English language requirement and have passed the Life in the UK test.
What can I do if my application for Indefinite Leave to Remain is refused?
ILR refusals can be devastating for you and your family. On many occasions, your life is put on hold due to such a negative decision. Our expert team can move swiftly to advise you on your options to challenge the refusal. Depending on the immigration category you choose, the following options are possible solutions and we will advise you on the best one for your circumstances:
- Resubmitting your ILR application.
- Appealing against the decision.
- Lodge an Administrative Review.
- Issue Judicial Review proceedings.
What are the different routes to Indefinite Leave to Remain?
There are various routes to apply for Indefinite Leave to Remain. These include applications based on:
- Long Residence in the UK (SET(LR))
- Family and Private Life in the UK (SET(M))
- Work in the UK (SET(O))
- EU Settlement Scheme
Can I apply for Indefinite Leave to Remain after five years?
Whether you can apply for indefinite leave to remain after five years in the UK depends on whether you are on (and have been residing on) a route that qualifies for Indefinite Leave to Remain. Some visa categories allow the holder to apply for Indefinite Leave to Remain after five years of continuous residence in the UK on that visa, or a combination of qualifying visas.
Some routes may have options for an even shorter qualifying period, whilst others are not a route to Indefinite Leave to Remain at all.
What is the Indefinite Leave to Remain application form I need to use?
The form you are required to use depends on the basis of your application. Applicants are normally expected to apply online and the most common types of online application are:
- Apply to Settle in the UK (including work-based categories) (also known as SET (O))
- Form to apply for ILR on the basis of Long Residence in the UK (also known as SET (LR))
- Form to apply to settle as the partner or parent of a settled person (also known as SET (M))
How long does it take to process an Indefinite Leave to Remain application?
The standard service for ILR applications is up to six months. It costs an additional £800 for super priority processing (24 hour) and £500 for priority processing (five-day processing, where eligible). Normally, a limited number of SET (LR) applicants can use the super priority service daily. If the maximum number of customers has been reached when you are ready to submit and pay, the option for super priority will not be available on your application form.
What is a Biometric Residence Permit with ILR
When you apply for ILR, you will need to enrol biometrics as part of the application. This will be the case even if you might have enrolled biometrics for a previous visa and even if you have previously been issued with a Biometric Residence Permit (BRP). When your ILR application is approved, you will be issued with a new BRP. Your BRP showing ILR status will normally be issued for 10 years. When your BRP expires (unless you have subsequently left the UK for more than two years or been granted British citizenship) you will be required to renew the card.
You will need to check your BRP card carefully on receipt. If the card bears any errors on the expiry date you should follow this up with the Home Office.
Due to changes in encryption technology your new BRP may be issued automatically with an expiry of December 31 2024. This will not affect your status and the Home Office will keep BRP holders up to date as to how to update their early-expiring cards.
Can I get Indefinite Leave to Remain in the UK as a spouse?
If you have resided in the UK with your spouse for a continuous period of five years, you should be eligible to apply for ILR. You should not apply for ILR more than 28 days before completing five years as a spousal visa holder. Some aspects of the application will be similar to your previous applications as a spouse. You will need to show that you are in a subsisting relationship with your sponsor and have adequate accommodation for yourself and your family (for example a rental agreement or proof of ownership of your home).
You would again need to provide evidence to show you meet the financial requirement (sufficient income/funds) at the date of application.
In addition to this you will need to pass the Life in the UK test and also submit evidence that you know have a sufficient level of English (B1 level of the CEFR framework in Speaking and Listening).
You will also need to show that you have been living together (cohabiting) with your spouse, in the UK, since your last grant of leave as a spouse.
Once you have been granted ILR on the basis of five years’ residence as a spouse, you would normally become immediately eligible to apply for British citizenship straight away – provided you meet the requirements.
Can ILR Status be revoked?
What is an ILR card?
What are the ILR qualification criteria?
The qualifying criteria for ILR depends on your current visa status and may also be affected by any previous visas you may have held while resident in the UK. You will need to meet the criteria for ILR under your specific visa route. In addition, you must normally not fall under the “general grounds for refusal”. For example, if you have recently acquired a criminal conviction, that might affect your eligibility to apply for ILR.
How can I apply for a British passport after being given ILR?
Once you have gained ILR status, after 12 months, you may be eligible to apply for British citizenship. If you are married to a British citizen, you may even be eligible to apply straight away for naturalisation as a British citizen. You should check that you meet the requirements before applying for naturalisation. Once naturalised as a British citizen, you can then apply for your first British passport.
What are the qualifying periods for Indefinite Leave to Remain?
Most eligible visa categories require a minimum five year qualifying period for ILR. Some routes offer accelerated routes to ILR (for example, the Tier 1 Investor route, where some qualifying candidates can apply after three years). ILR on the basis of Long Residence requires the applicant to have accumulated 10 years lawful residence in the UK. That is, the applicant must have lived in the UK for 10 continuous years, with any combination of lawful leave, to qualify for ILR on this basis.
Visa holders cannot normally apply more than 28 days before they have completed their qualifying period for ILR, under the relevant route.
What level of English language knowledge do I need for ILR?
Anyone aged 18-65 must demonstrate English to the required level for ILR. The minimum level is (B1) of the CEFR framework, in both speaking and listening. If the applicant is from a country where English is the main language (i.e. on the Home Office list of majority English language-speaking countries), they can show evidence of their nationality to prove that they meet the requirement.
Other applicants need to supply evidence that they have either a Home Office approved English test result or have a degree taught in English. Degrees taught outside the UK will need to be accompanied by a UK ENIC certificate showing the academic level and, where applicable, the English language level at which the degree was taught.
What is the Life in the UK Test for ILR?
Anyone aged 18-65 must pass the Life in the UK test as a qualifying criteria for ILR. The paper tests the applicant’s knowledge of British customs and traditions, in 24 questions and within a 45-minute timeframe. The test must be taken through one of the 30+ approved government centres in the UK. Applicants are strongly advised to study and prepare in advance for the test and need to book at least three days in advance. The candidate will be required to provide ID to sit the test. The test costs £50 and can be re-taken but if you fail (the pass mark is 75%) you must wait seven days before re-taking it. Test centres should make special provision for disabled candidates.
Some people are exempt from taking the test, due to exceptional circumstances, but this would be only where the applicant has a long-term physical or mental disability, supported by medical evidence that they cannot sit the test.
Since December 17 2019, applicants are provided with a Unique Test Reference number, rather than a paper certificate.
How do I fill in the Indefinite Leave to Remain application form?
It is essential that you have fully understood the questions on the application form and that all answers have been reviewed by the applicant. The form cannot be edited directly once it has been submitted online, so you should ensure the form contains accurate data.
If you need to amend or clarify an answer following submission, this data should be provided as supporting evidence.
An error on the form could lead to delays or even the refusal of an ILR application and can also impact on future applications you submit (or sponsor), so attention to detail is paramount and you should seek legal advice if you have any doubts.