You have accrued 5 years’ lawful UK residence in a qualifying visa category (or combination of categories) and now qualify for indefinite leave to remain.
Before (or after) you apply for this highly regarded status, please look at these notes, as they could be helpful to you later!
Our notes cover:
- Maintaining your ILR (how long you can be overseas once your ILR has been granted and options for if you exceed the time limits); and
- Visa options for your current or future family (partner, children); and
- Planning towards naturalisation as a British Citizen (timing, absences from the UK, character requirements).
Travel overseas:
ILR means you are “free from immigration restrictions”.
However, this status can automatically “lapse” or even be taken away by the UK Home Office.
A common way of “losing” ILR is by staying outside the UK for more than 2 consecutive years (note that this period is longer for those with EUSS status).
If you have stayed outside for more than the permitted duration and your status has automatically “lapsed”, you may be able to apply for a ‘returning resident’ visa.
To make a successful application as a Returning Resident, you’d need to show ties to the UK (like family, property etc) and be ready to give compelling reasons for your long absence from the UK (caring for a relative, humanitarian work etc).
The application currently costs £637, and biometrics must be taken at a visa application centre overseas, as part of the process.
If you left the UK with ILR and would like to return after your ILR has lapsed, it is worth speaking to a lawyer to discuss your options.
Family members
Perhaps you have a family living with you in the UK, and they hold dependent visas.
In that case, key things for you to remember here are:
Dependent Partner
- Your dependent partner needs to complete a 5-year qualifying period in their own right as a dependent visa holder (if they joined you later, this may mean they need to extend their visa as a PBS dependent to complete 5 years – if in doubt seek advice)
Dependent Children born inside and outside the UK
- Your dependent child does not need to complete a qualifying period – but, unless you have sole responsibility (or there are other compassionate reasons) both parents must have (or be applying for ILR) in order for the child to qualify for ILR .
- A child born in the UK to a parent who has since got ILR is British by Birth.
- A minor child born inside the UK to a parent who has since got ILR is entitled to Register for citizenship. In many cases, the cost-effective decision is for your child to apply directly for Citizenship once you gain ILR (since citizenship is their entitlement) but each case should be reviewed on its own merits!
- A minor child born outside the UK to a parent who has since got ILR may be able to Register for citizenship on a discretionary basis, normally when the parents are naturalising too (each case should be looked at on its own merits and these applications depend heavily on both parents’ immigration status).
You should regularise your children’s stay where required.
Family of a Settled person
If you secure ILR and are now looking to sponsor a partner or children who have not already got dependent visas, then you should be looking to the Family Routes to sponsor their visas.
Partner applications (also known as Appendix FM) can be very complex (and require lots of documentary evidence, especially to meet the “minimum income requirement” (MIR)) so good advice is invaluable to ensure you are on the right track in supporting your family.
Child applications (for parents with sole responsibility) need special attention to ensure the requirements are met and proven.
Naturalisation after ILR?:
Naturalisation is normally the final step in your immigration journey.
Citizenship is permanent.
Unlike, ILR, there are no time limits on how long you can be outside the UK as a British Citizen.
As a naturalised citizen, your children, even if born outside the UK, would also be British by descent (automatically British).
Citizenship can be revoked, but revocations are usually due to serious criminality (and/or fraud) by the applicant.
Key things to hold in mind when planning for naturalisation are:
- You must intend to make the UK your main home at the date of your naturalisation application. If you apply with an overseas job offer and/or plan to live overseas after naturalising (coming to the UK only for visits), your naturalisation application will be refused.
- There is a ‘good character’ requirement for naturalisation – this is different from when you applied for ILR – you should seek advice to ensure that any debts or penalties (civil or criminal) or sentences you might have received would not stop you from making a successful application.
- Most adults need to hold ILR for at least 12 months before they can apply for naturalisation (those who are married to a British Citizen do not need to wait 12 months, though they need to hold ILR at the date of application).
- Remember that (unlike ILR) there is no “28-day rule” so (unless married to a British Citizen) you cannot apply 28 days before completing your 12 months with ILR – you need to complete 12 months with ILR, to become eligible for naturalisation.
- You may have completed a 5-year qualifying period for ILR – but the residence requirements (and absence limits) are very different for naturalisation (and much stricter), so be careful and seek advice and ensure that you qualify, before applying!
