Our Step-by-Step Guidance On Your Indefinite Leave to Remain (ILR) Application
Step 1: Checking Your Eligibility
We make sure you are eligible by checking if you meet all of the standard requirements for an ILR application.
Step 2: Organising Your Documents
Organise each and every document that will be needed for identification, proof of residence, and proof of employment.
Step 3: Filling the Application Form
Closely guide you through how to complete the online ILR application on the UK government website.
Step 4: Submission of Your Application
Ensure that all the information is accurate before clicking on the submit button.
Step 5: Biometric Appointment
Upload all your documents before your biometric appointment and guide you for a hassle-free experience at the UKVCAS centre.
Step 6: Waiting for a Decision
Once UKVI has considered your ILR application, they will make an official decision within 6 months.
Step 7: Get the Decision
First, you will get an email confirming the decision. If your application is approved, you will receive a BRP, essentially confirming your ILR was granted.
We Will Carefully Guide You Through Every Step Of Your ILR Application
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?
Eligibility for ILR depends on the category or route under which the person is applying. For example, one may qualify for ILR on the basis of 10 years’ lawful residence in the UK. Other applications for ILR may be based on time spent working or residing with family in the UK. Most routes require a minimum residency requirement; for example, to apply for leave to remain indefinitely on the basis of a spousal visa, the applicant must have resided for five years on their spousal visa, as well as meeting the other requirements. Before applying, you have to check if you satisfy all the eligibility requirements and have all the documents required for indefinite leave to remain as a spouse.
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?
The fees for indefinite leave to remain is £2,885. It costs an additional £1000 for super priority processing (24 hours) and £500 for priority processing (5-day processing) where eligible.
To know more about the ILR fees and application process, please go through this blog post.
How do I apply for Indefinite Leave to Remain?
You can apply for ILR directly from the UK government website using an online application form. Before you proceed, double-check to ensure you are filling out the correct application form related to the immigration category you are applying for. It is extremely crucial that all your information is fully accurate without even a tiny error. Then, you must pay the application fee before submitting it.
The ILR applications are commonly refused by the Home Office for the following reasons:
- Incorrect or insufficient documentation
- Incorrect or incomplete application
- Failure to provide additional documents or information within a certain period of time if UK Visas and Immigration requested you to submit them
You need to be meticulous with your application details and the essential documentation, so you leave no room for rejection.
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
The Biometric Residence Permit (BRP) is an official document that is given by the UK Visas and Immigration. This BRP actually validates that you have an Indefinite Leave to Remain (ILR) status and your right to live, work and study in the UK indefinitely. You will receive your BRP only after your ILR application is successfully approved. If you have a BRP, that directly means you have an approved ILR status.
During the ILR application procedure, you will need to enrol in biometrics even if you have already been issued a BRP with a previous old visa. When your ILR application is approved, you will be issued with a new BRP. The BRP will mention your name, date of birth, fingerprints, photograph, and current immigration status. Your BRP will essentially verify your ILR status, which will normally be issued for 10 years.
You will need to check your BRP card carefully to see if the expiry date is correct or not. If you do find any mistakes, follow up with the Home Office. Due to changes in encryption technology, your new BRP may be issued automatically, with an expiration date of December 31, 2024. This will not affect your status, and the Home Office will keep BRP holders updated on how to update their early-expiring cards.
Can I get Indefinite Leave to Remain in the UK as a spouse?
Yes, as a spouse, you can apply for Indefinite Leave to Remain (ILR) in the United Kingdom on the basis of marriage to a British Citizen or a settled person. You can start your application to leave to remain indefinitely if you have spent 5 continuous years in the UK on a spouse visa, and you should do it not more than 28 days after the completion of the five years. Your application will contain similar steps to your previous applications when you were applying for a spouse visa. Just make sure you have prepared all the documents required for indefinite leave to remain spouse. You must meet the following conditions to be eligible for ILR as a spouse:
- You and your spouse must have been residing in the UK for at least the last five years.
- Show that you indeed have a real and continuing relationship with your spouse.
- You should pass the ‘Life in the UK’ test and also present proof of adequate English language proficiency – the CEFR level should be B1 at the very least.
- You need to present a valid lease agreement/ownership document affixed to a UK residential address as proof of accommodation.
- You will need evidence that you have been living in the UK with your partner since the last grant of leave as a spouse.
- Fulfil the financial requirement by proving that you have sufficient income at the date of the application.
As soon as ILR is achieved on the basis of five-year residence as a spouse, you are able to apply for British citizenship immediately.
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 leave to remain indefinitely.
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 important to pay close attention to the questions on the application form and read every answer twice before submitting it. However, once you submit the online form, it cannot be edited anymore, even by the administration.
- Enter accurate details: You have to fill in the form from the official website of the UK government. Always enter correct data in the form, such as your name, date of birth, nationality, and contact information.
- Immigration history and current status: Describe your prior immigration history and your current immigration type. Mention any previous UK visas along with the entry and exit dates into the UK.
- Required documents: Copies and scans of supporting documents that should be uploaded to the UKVCAS website once the biometric appointment is booked, such as proof of living in the UK, proof of adequate funds, a Life in the UK test pass certificate and a certificate of English proficiency test.
- Application fee and submission: You are required to pay the relevant application fee. All the answers and the documents should be carefully checked before the submission of the form because a small mistake will lead to a delay in the processing or even refusal.
It is very important to be very precise during this stage to not get rejected or delayed by the Home Office. In any case, when in doubt of any detail of the application, get professional legal advice to prevent future mistakes in similar applications.
