Indefinite Leave to Remain
What is Indefinite Leave to Remain (ILR) in the UK?
Indefinite Leave to remain in the UK (ILR) also known as settlement or permanent residence, means that the holder is no longer subject to time restrictions on their stay in the UK. Those with ILR can live, study, and work in the UK for an indefinite period and enter without restriction.
Holders of ILR also have the right to vote and to access public funds.
ILR is granted to individuals who meet specific criteria of an immigration route, usually after completing 5 years of continuous lawful residence here in a qualifying immigration category.
ILR is usually the last stepping-stone on the route to British citizenship.
We outline below the immigration routes that lead to ILR, how long it takes to get ILR, the ILR eligibility requirements, and how to make an ILR application.
What are the requirements for indefinite leave to remain UK?
The ILR requirements for an individual type of visa category are route specific and are set out in the immigration rules. It is important to ensure your application is compliant with the UK ILR rules.
Generally speaking, most immigration routes which lead to ILR have the same common requirements. For example:
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- Validity - the application has to be submitted using the correct online ILR application form.
- Suitability – this is essentially a good character assessment, i.e. no breaches of the immigration rules or criminal law.
- Identity – provide evidence of identity through a current or expired passport or other identity document.
- Residence in the UK – completion of a qualifying period of lawful residence.
- English language requirement - this will depend on the visa category.
- Pass the Life in the UK test, a test of your knowledge of British life, history and culture.
- Financial requirement – most categories require applicants to meet a minimum income requirement, the amount depends on the visa category.
Immigration routes that lead to indefinite leave to remain
Residing in the UK with a settlement visa UK may render you eligible to apply for Indefinite Leave to Remain (ILR), provided you meet the minimum residency requirement for your visa type. Furthermore, applicants must fulfil additional criteria as stipulated by the UK ILR regulations.
Pathways leading to Indefinite Leave to Remain include:
Other visas
Embark on your journey towards permanent residency with our expert guidance. Ensure your ILR application meets all necessary standards for a successful outcome. Unlock the benefits of permanent residency and secure your future in the UK! Contact us today to streamline your application process.
When can you secure your long-term residency status in the UK?
You can generally apply for ILR within 28 days of completing the 3, 5, or 10 year period of your immigration visa route, but you must still have lawful permission to take you up to the end of the relevant qualifying period, otherwise the application is could be rejected.
An applicant should check to ensure not only the strict relevant time period is met but that all other requirements are met before you apply for ILR.
|
Immigration route |
Number of years to qualify for ILR |
| Spouse visa | 5 years |
| Unmarried partner | 5 years |
| Civil partner | 5 years |
| Family visas | 5 years |
| Skilled Worker | 5 years` |
| Representative of an Overseas Business | 5 years |
| Innovator Founder | 5 years (3 years accelerated) |
| Global Talent | 5 years (3 years accelerated) |
| Tier 1 Entrepreneur | 5 years |
| Tier 1 Investor | 5 years |
| Long residence | 10 years |
| Private Life | 10 years (5 years accelerated) |
We can ensure your application complies with the UK ILR rules. RLegal has a strong track record of assisting clients with such applications since 2002. Our lawyers will go through the ILR application requirements to ensure your application is compliant.
What are the continuous residence rules?
Depending on the immigration route a 'continuous period' of stay will be required.
Most routes permit absences of no more than 180 days in any 12 month period.
The partner routes do not have specific rules regarding absences. A partner may exceed 180 days absence provided they can demonstrate that their relationship is subsisting.
We strongly recommend seeking legal advice if you have high absences.
The Long Residence and Private Life routes allow absences up to:
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- 548 days over the 10 year period prior to 4 April 2024 and
- unlimited post 4 April 2024 (but no more than 548 days prior to 4 April 2024).
How to apply for UK indefinite leave to remain
You can apply for ILR by completing the relevant online ILR application form through the Home Office website, and follow the steps below:
Pay the relevant application fee choosing the level of service
Once the ILR application has been submitted you must book an appointment to submit biometrics at a UKVCAS service centre. There are numerous centres around the country
Upload your supporting documentation through the TLS website prior to attending the biometric appointment
The ILR processing time depends on what level of service you apply for:
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- Standard service - up to 6 months
- Priority Service - 5 days
- Super Priority Service - 24 hours
Although you get a free appointment included with your application fee, these are usually only available with a 2-4 weeks wait. It is possible to pay an additional fee of £60 per applicant for a "priority" appointment where availability is usually within 1 week.
Processing of the application will only commence once you have attended your biometric appointment.
The Home Office has discretion to contact an applicant if there is evidence missing, but does not always do so. It is imperative that the application is well prepared.
The 5 year route to UK ILR
To qualify for Indefinite Leave to Remain (ILR) in the UK, the duration of your stay prior to application varies based on individual circumstances. Generally, overseas nationals are eligible to apply for ILR after maintaining lawful residence in the UK for a period of 5 years with a valid visa. These routes lead to settlement after 5 years.
Representative of an overseas business
The 10 year route to ILR
You might qualify for indefinite leave to remain in the UK if you have legally resided in the country continuously for 10 years or more. Your residency could have been accumulated through various immigration categories or a combination thereof. We go into more detail about long residence on our dedicated page here.
Accelerated routes to ILR in the UK
The UK ILR Rules allow for accelerated routes to obtain a UK settlement visa see table below:
| Immigration route | Accelerated ILR |
| Innovator Founder visa | 3 years |
| Global Talent visa | 3 years |
Life in the UK Test - Knowledge of Life and Language
If you are aged between 18 and 64, the ILR application requirements include demonstrating that you have a knowledge of life and language in the UK.
The test is split into two parts:
- you will need to pass the Life in the UK Test which assesses your knowledge of British culture, history, and traditions; and
- demonstrate proficiency in the English language.
Comprehensive study materials and practice tests are available to help prepare you for the tests. The UK ILR rules exempt minors and those aged 65 or older.
For those who have medical issues which prevents them from passing a Life in the UK Test, an application for exemption from the KOLL requirement can be made to the Home Office.
Benefits of Indefinite Leave to Remain
Once an individual is granted indefinite leave to remain they have completed their immigration journey - there are no more visas to apply for and the person can stay in the UK permanently. This means no more visa application fees, IHS fees and specific visa route requirements to comply with.
Other benefits include the following:
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- unrestricted claim to public benefits if eligible
- study - possibly as a home student
- access to the NHS
- ability to sponsor partners, children and close family members
- become eligible to apply for British citizenship subject to fulfilling the requirements to do so
Holders of ILR are still subject to immigration control checks and cannot spend 2 years or more outside the UK.
If an individual with ILR is outside the UK for 2 years, they will lose their indefinite status and must apply for entry to the UK as a returning resident.
ILR for dependents
Dependants of main applicants can apply for ILR so long as they meet the ILR eligibility requirements of the specific category. This means they will need to meet similar time requirements as the main applicant in order to secure their indefinite stay in the UK.
What to do if your ILR application is refused
If your application is rejected it would be advisable to seek prompt legal advice.
Our immigration lawyers can review the refusal notice and your evidence to assess what went wrong. For example, some applications may be refused because of insufficient or missing evidence, some may be refused because the Home Office doubts the veracity of the applicant. We will advise you on whether you meet the ILR rules and what to do next.
Depending on your circumstances you may be able to request an administrative review of the decision or lodge an appeal against the refusal.
It is important to comply with the time limits for submission of an administrative review or an appeal.
In some case it may be quicker, easier and cheaper to submit a fresh application for ILR but this will depend on the circumstances so you should seek specialist advice first.
British citizenship and Indefinite Leave to Remain
Indefinite Leave to Remain (ILR) is a significant milestone on your path to British citizenship. After residing in the UK for one year with ILR, you may apply for British citizenship (the one year requirement does not apply if you are married to or in a civil partnership with a British citizen).
To achieve full British citizenship, you must submit a naturalisation application to the Home Office, assuming your absences are within permitted limits and you meet the good character requirement.
Becoming a British citizen enables you to apply for a British passport and enjoy all citizenship privileges.
How RLegal Solicitors can help with your ILR application
As a firm of solicitors we are able to assist with your application for a settlement visa. Our team of lawyers can ensure your application meets the ILR application requirements.
We will take instructions, listen to what you have to say, explain the ILR eligibility requirements to you and then prepare the application for you and your dependants to help maximise your chance of securing indefinite leave to remain in the UK.
RLegal Solicitors has over 20 years experience of lodging successful ILR applications. We will take the worry out of the process and give you peace of mind.
To find out more about the specific requirements for your visa category, please follow the links to the pages dealing with each visa type. Alternatively, contact us on +44 (0)20 7038 3980 to discuss your individual circumstances or use our online forms.
FAQs
Yes. Your ILR status can be revoked if:
-
- you travel outside the UK for 2 years, or
- if you commit a serious crime with a prison sentence of 12 months, or
- if you are a prolific offender for minor offences, or
- if you found to have obtained indefinite leave by deception.
About the author
David is a solicitor and founding partner of RLegal Solicitors, having practiced immigration law since 1996.
Legal 500: "David Robinson is an absolute goldmine of information on managed migration issues and has extraordinary resources which enable him to respond to even quite complex queries with remarkable speed."
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