Indefinite Leave to Remain

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is an immigration status granted to individuals, enabling them to stay, study, and work in the UK without limitations or restrictions. Also known as Permanent Residence or Settled Status, ILR allows individuals to live in the UK indefinitely, though it can lapse if the holder is absent from the country for more than two years.

ILR can be obtained through various visa routes, such as Spouse Visas, Innovator Visas, and Skilled Worker Visas, each with specific qualifying periods. ILR status offers several benefits, including full access to public healthcare via the NHS, state education for children under 18, and eligibility for public funds.

While ILR provides many rights and benefits, it is not equivalent to British citizenship, which can be applied for after holding an ILR. It's important to note that ILR differs from the concept of Permanent Residence under EU law, particularly following Brexit, as it is governed by UK domestic legislation. ILR serves as a critical step towards Naturalisation and full British citizenship, which impacts the citizenship status of children born in the UK to non-British parents.

When can you apply?

You can typically apply for ILR after you complete your residential period before your existing visa permission expires or within 28 days before the completion of your residential period, whichever is sooner.

Route to obtain ILR

To be eligible for Indefinite Leave to Remain, you must first be in the UK under a visa category that leads to settlement. The time required to qualify for ILR depends on your specific visa category. Routes towards ILR can range from as short as 2 years to over a decade, depending on your circumstances. Applicants must meet all requirements under their respective visa categories. The different categories include:

2 years' route

Relevant visa category:

Tier 1 Investor (accelerated)

Although you can no longer apply for a new Tier 1 Investor visa, this route is still available to existing investors who have invested £10 million or more into the UK economy. This option was particularly suited for business people looking to contribute significantly to the UK economy while residing there.

3 years' route

Relevant visa category:

• Global Talent Visa (Accelerated)
• Innovator Founder Visa
• Tier 1 Entrepreneur Visa (Accelerated)

You can no longer apply for a new Tier 1 Entrepreneur visa.

A 3-year route to ILR is available for individuals who contribute significantly to the UK, including investors who invest £5 million or more in UK government bonds, share capital, or loan capital in active and trading UK-registered companies. This route is also available to entrepreneurs who establish businesses capable of employing up to 10 people full-time or generate an income (or a net increase in income) of at least £5 million. Individuals under the Innovator Founder Visa and specific Global Talent Visa routes may also qualify for this accelerated pathway.

5 years' route

Relevant visa category:

• Family (Partner, Parent & Children)
• Dependent Relative
• Skilled Worker
• Health & Care Worker
• Global Talent
• Tier 1 Entrepreneur
• Tier 1 Investor
• Sole Representative of an overseas business
• UK Ancestry
• EU Pre-settled Status
• Refugee & Humanitarian Protection

This route is available to those on a Skilled Worker Visa, Global Talent Visa, or Sole Representative of an Overseas Business visa, and pre-settled individuals may also qualify.

For those planning to work in the UK, the Skilled Worker Visa (formerly known as the Tier 2 General Visa) offers a 5-year pathway toward Indefinite Leave to Remain. This visa is suitable for highly skilled professionals.

Additionally, there are family-related routes to ILR that offer a 5-year pathway. These include visas for a legitimate spouse, proposed civil partner, or unmarried partner of a permanent UK resident. There are also options for parents and individuals of British ancestry.

The 5 years route was previously available to investors and entrepreneurs, including those who intend to invest at least £2 million into the UK economy and entrepreneurs who will create at least two full-time jobs. However, making new applications for these routes is no longer possible.

For those seeking asylum in the UK, there is the potential of a 5-year route that can eventually lead to Indefinite Leave to Remain.

10 years' route

Relevant visa category:

• Long Residence
• Partner Visa
• Parent Visa
• Private Life
• Leave Granted Outside the Rules based on Human Rights

Parents and partners who do not meet the requirements for the 5-year route may still qualify for a 10 year ILR route. In these cases, a strong and compelling application is necessary, and seeking legal professional advice is recommended to ensure success.

The ILR long-residence route is an option for individuals who have lived in the UK legally for at least 10 consecutive years. What visa you held during this period doesn't matter as long as you maintained legal residence in the UK.

Individuals who have accumulated at least 20 years of residence, including periods of unlawful stay, may be eligible for ILR under the Private Life route. During this time, they must not have been absent from the UK for more than 184 days at any one time or for more than 548 days overall. This pathway is particularly relevant for those whose ties to the UK and personal circumstances are significant, allowing them to apply for ILR based on their established private life in the UK.

Visa Pathways

ILR and Settled Status

Under the EU Settlement Scheme, qualifying EU citizens are granted either Pre-Settled or Settled Status. Holding Settled Status indicates that you have resided in the UK for at least five years, thus granting Indefinite Leave to Remain (ILR).

EU citizens who entered the UK before 31 December 2020 but did not apply to the scheme or EEA nationals who entered after this date may need to submit a late application or apply for a visa before becoming eligible for ILR.

ILR & British citizenship

If you are not a British or Irish citizen, you can apply for Indefinite Leave to Remain (ILR), a significant step towards obtaining British citizenship.

Having ILR does not automatically make you a British citizen, but it is typically a prerequisite for those who wish to apply. Many individuals who acquire ILR eventually apply for citizenship.

If you are married to a British citizen, you may be eligible to apply for British citizenship once you achieve ILR. For other applicants, you can apply for British citizenship after residing in the UK for at least twelve months with ILR, provided your circumstances have not changed significantly since obtaining ILR. To become a full British citizen, you must apply for naturalisation and submit your application to the Home Office.

The application process for British citizenship involves submitting an application to the Home Office and providing evidence that you meet the requirements. Achieving citizenship grants additional rights and responsibilities, including voting and holding a British passport.

ILR Rights and Benefits

Indefinite Leave to Remain (ILR) offers many benefits for UK residents and removes the need to renew your visa. With ILR, you can stay in the UK indefinitely without renewing your visa or applying for a new one. This means you can live in the UK without worrying about immigration restrictions.

Key Benefits of ILR:

1. Freedom to Work:
   You can work in any job or start your own business without working hours or salary restrictions.
2. Access to Public Services:
   Access public services like Universal Credit, housing assistance, and child benefits, which aren't available to temporary visa holders.
3. Right to Vote:
   Right to vote and stand as candidates in all elections.
4. Healthcare:
   You can use the National Health Service (NHS) for free without paying the Immigration Health Surcharge.
5. Education:
   Attend state schools and universities and may qualify for student loans and grants.
6. Family Sponsorship:
   Bring eligible family members, such as your spouse or children, to live with you in the UK.
7. Children's Citizenship:
   If you have a child in the UK while holding ILR, your child will automatically become a British citizen.
8. Pathway to British Citizenship:
   After holding ILR for 12 months, you can apply for British citizenship if you meet the requirements.

Overall, ILR provides a strong foundation for a stable and secure life in the UK, with the opportunity to eventually become a British citizen.

Eligibility Criteria & Requirements

Eligibility for ILR varies depending on several factors, including the visa category, continuous residence, and adherence to immigration rules. Generally, most visa holders need to have held a valid UK visa for five years before applying for ILR.

There is a range of factors in the Home Office requirements for Indefinite Leave to Remain (ILR) in the UK, covering critical aspects like continuous residence, good character, the Life in the UK Test, and English language proficiency. Ensure you review the specific criteria for your visa category and prepare thoroughly for a successful application.

Continuous Lawful Residence

Achieving ILR requires meeting specific criteria, which vary by visa type and individual circumstances. An essential criterion for ILR is the continuous residence requirement, which requires applications not to have spent more than 180 days outside the UK in any 12 months during the qualifying residency period. This requirement varies by visa:

After completing your continuous residence period in the UK, you are not automatically eligible for ILR. You must submit an application and provide evidence of your eligibility. The criteria and evidence required for qualifying for Indefinite Leave to Remain include:

Absences Below 180 Days

If you spend more than 180 days outside the UK in any 12-month period during your qualifying period for ILR, you may become ineligible because of 'excessive absence.' This rule effectively resets the clock on your continuous residence. This 180-day rule also applies to dependants applying for ILR, with the exception of children.

When applying for ILR, you must provide explanations and evidence for all absences. Not all absences are considered to break continuity. For the time, time between the issuance of your entry clearance and your entry into the UK, as well as part-day absences (less than 24 hours), do not count against your continuous period.

Absences related to your UK employment, such as paid annual leave, are generally acceptable, provided they align with the standard UK annual leave entitlements. However, absences due to employment outside the UK, where the UK job is secondary, count towards the 180-day limit and can break the continuous residence requirement.

It’s important to note that all international travel, whether for business or personal reasons, counts towards the 180-day limit. This includes business trips, as they are not exempt from the total. Additionally, working offshore on the UK continental shelf, such as on ships or oil rigs beyond the 12 nautical mile territorial waters, is also an absence.

Absence Exceptions

Exceptional circumstances like serious illness or necessary employment travel might be considered exceptions. However, you should provide detailed evidence to support your case, and we recommend seeking professional advice to clarify this before submitting your application.

Financial Requirements

For most Visa applications under the 3 or 5 years’ route, you have to show that you will continue meeting the Finance requirements. For example, meeting the Appendix FM Financial Requirement for Partner Visas or meeting the Maintenance requirement for Skilled Worker Visa.

Adequate Maintenance

For certain Further Leave to Remain applications under the 10-year route or where a specific Minimum Income Requirement or Maintenance savings level is not prescribed, you would still have to show that you can adequately support yourself and any dependents. Generally, you would need to show that your income, savings, and any third-party support would be above the Income Support rates. Your financial resources must be sufficient to cover your accommodation and living expenses.

Life in the UK Test

The Life in the UK Test is mandatory for most applicants seeking British citizenship. It assesses your knowledge of British culture, history, and customs through 24 multiple-choice questions. To pass, you must score at least 75%, correctly answering 18 questions within 45 minutes.

The test covers various topics, including:

• UK values and principles
• History of the UK
• UK political system

The test costs £50 and must be booked through the official gov.uk website. Its topics are designed to provide an understanding of the UK’s legal framework and societal norms.

Exemptions apply in some cases, such as for individuals under 18 or over 65 or those with a physical or mental condition that prevents them from taking the test. Upon passing, you’ll receive a unique reference number required to complete your citizenship or settlement application.

English Language Proficiency

To qualify for Indefinite Leave to Remain (ILR) in the UK, you must demonstrate sufficient knowledge of the English language. This can be achieved by passing an approved English language test at a B1 level or higher in speaking, writing, listening, and reading. The UKVI also accepts ESOL qualifications.

Exemptions apply if you are 65 or older, if you have a degree taught or researched in English, or if you are a citizen of a nation where English is the primary language. Additionally, proficiency in Welsh or Scottish Gaelic can also meet this requirement. Meeting this requirement ensures you are well-prepared to integrate into British society.

Suitability Requirement

Applicants must meet specific suitability requirements to ensure their character and compliance with immigration laws. If any of the following apply, the applicant may be refused regardless of other aspects of their application.

• Exclusion or Deportation Orders: Your visa will be refused or cancelled if you have an exclusion or deportation order against you.
• Not Conducive to Public Good: If your presence in the UK is deemed harmful due to your conduct or associations, your visa can be refused or cancelled.
• Criminal History: Having a criminal conviction, especially with a sentence of 12 months or more, or being a repeat offender can lead to refusal or cancellation. Lesser sentences can also affect your application, especially for visitor visas.
• Sham Marriages or Partnerships: Involvement in a sham marriage or civil partnership is grounds for refusal.
• False Information: Providing false information or documents or withholding important facts can result in refusal or cancellation.
• Previous Immigration Breaches: If you've previously breached UK immigration laws, your visa may be refused, especially within specific timeframes after deportation or removal.
• Failure to Comply: Failure to attend interviews, provide required information, or undergo medical exams when requested can result in refusal or cancellation.

Biometric Residence Permit

When applying for Indefinite Leave to Remain (ILR), you may be required to provide biometric information, such as fingerprints and a photograph, even if you have done so for a previous visa or Biometric Residence Permit (BRP). The BRP is an identification card that confirms your ILR status, including personal details like your name, date of birth, and immigration status. This card helps prove your right to work and access services in the UK.

BRPs with ILR are typically valid for ten years and need to be renewed upon expiry. However, the UK is transitioning from physical BRPs to digital eVisas by the end of 2024, aiming to simplify the process and enhance security. To access your eVisa, create a UK Visas and Immigration (UKVI) account before the transition.

After your ILR application is approved, you will receive a BRP indicating your ILR status. Be sure to check all details on your BRP, including the expiry date, for accuracy. If any errors are found, contact the Home Office immediately. New BRPs may expire on 31 December 2024 due to technological changes, but this will not affect your ILR status. The Home Office will guide the UK in updating these cards as it moves towards a fully digital status system by 2025.

Required Documentation

When applying for Indefinite Leave to Remain (ILR), you will need to provide a comprehensive set of supporting documents. The exact list will vary depending on individual circumstances, but certain documents are always required. The documents you should expect to provide include:

1. Valid Identification

• A current passport is typically required as your primary form of ID.
• All previous passports held during your stay in the UK must also be submitted.
• If you have a Biometric Residence Permit, this should also be included.

2. Life in the UK Test

• Provide the unique reference number for your Life in the UK Test pass. The Home Office will use this number to verify your results.

3. Proof of Continuous Residence:

• Include documents like utility bills, tenancy agreements, and council tax bills to demonstrate your continuous residence in the UK.

4. Language Proficiency:

• A certificate proving you meet the B1 level of English, unless you are from an exempt English-speaking country or a degree taught in English.

5. Financial Evidence:

• Bank statements, payslips, or other financial documents proving you meet the financial requirements for your visa category.

6. Employment Documents (if applicable):

• For those on work visas, provide employer letters, contracts of employment, and proof of salary.

7. Relationship Evidence (if applicable):

• For spouse or partner visas, include marriage or civil partnership certificates, evidence of cohabitation, and documents proving a genuine relationship.

8. Criminal Record Certificate:

• A police clearance certificate may be required if you have lived in any country for more than 12 months in the past 10 years.

9. Absence Records:

• Documents and travel records detailing any time spent outside the UK during your residency.

10. Special Visa Requirements:

• Additional documents may be necessary depending on your visa type. For example, Skilled Workers should provide detailed employment information, while applicants on an Ancestry visa must include relevant birth and/or marriage certificates. Unmarried partners need to show proof of cohabitation.

All documents must be originals or certified copies. If you are unable to provide the original documents due to exceptional circumstances, you should include a detailed explanation and any supporting evidence. The Home Office can consider granting some leniency in such cases, but the rules around this are complex.

Additionally, you must provide certified translations if your documents are not in English or Welsh. This includes documents like passports, bills, or bank statements. Ensure that the Home Office officially recognises the translation services used.

Processing Time

The decision time for Indefinite Leave to Remain (ILR) applications varies depending on the route, visa category, and individual circumstances. Applications that require further enquiries from the Home Office typically take longer to process than usual.

The general processing time for ILR applications is up to 6 months, but most are decided in 8 weeks.

Priority Service

For faster processing of your Indefinite Leave to Remain (ILR) application, you can opt for premium services:

• Priority Service: This service costs an additional £500 on top of the standard application fee and typically provides a decision within five working days.
• Super-Priority Service: For an extra £1,000, the super-priority service aims to deliver a decision by the end of the next working day after your appointment, provided the appointment is on a weekday.

These expedited options are particularly beneficial for applicants who need a quicker decision, allowing them to plan their lives in the UK without delay.

Application Fees

The standard fee for an ILR application is £2,885 per applicant, including children. Regardless of age, each applicant must pay the full fee of £2,885.

Additionally, there is a mandatory biometric information fee of £19.20.

How to Apply for ILR

All ILR Applications can be completed online, and the Home Office allows you to save your progress to continue later if required.

Step 1: Check Your Eligibility

• Before starting your application, ensure you meet all the eligibility criteria for ILR.

Step 2: Complete the Online Application Form

• Go to the official UK government website and complete the ILR application form.
• Enter your personal details accurately, such as your name, date of birth, nationality, and contact information.
• Provide information about your immigration history, including previous visas and dates of entry and exit from the UK.

Step 3: Pay the Required Fees

• Pay online ILR application and biometric residence permit (BRP) fees.

Step 4: Book a Biometric Appointment

• Schedule an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre.
• You will provide your biometric information (fingerprints and a photo) at the appointment.

Step 5: Gather and Submit Supporting Documents

• Collect and upload these documents online.

Step 6: Attend Your Biometric Appointment

• Go to your scheduled UKVCAS appointment to have your biometric data taken.

Step 7: Submit Your Application and Wait for a Decision

• The Home Office typically process ILR applications within 6 months unless you opt for a priority service.

Refused ILR Application

If your Indefinite Leave to Remain (ILR) application has been refused, it is crucial to understand the reasons behind this decision, as specified in the Home Office notification. Depending on the grounds for refusal, there are several avenues you can explore:

1. Resubmitting the Application: If your application contains errors, such as incorrect documentation or missing information, resubmitting with the corrected details may be the best course of action.
2. Administrative Review: If you believe that the Home Office made a mistake in assessing your application, you can request an administrative review. This involves a different official reviewing the original decision.
3. Legal Appeal: If your application has human rights grounds, you may be able to appeal the decision. Consulting with an immigration solicitor can help determine if this option is viable for your case.
4. Judicial Review: When there is evidence that the refusal was legally flawed, you could consider judicial review proceedings. This formal legal process challenges the legality of the Home Office's decision.

QC Immigration has helped many clients find the most appropriate route forward after receiving a refusal. Our team of legal experts can advise on the best steps to take, including more formal legal challenges if necessary. We have a team of experienced lawyers who can recommend the most appropriate and efficient route forward, ensuring that any new applications or appeals are prepared correctly, addressing the specific grounds for refusal, and meeting all requirements.

Maintaining ILR Status

To maintain Indefinite Leave to Remain (ILR) status, you must adhere to specific conditions, particularly regarding your time outside the UK. Being outside the UK for more than two years leads to the automatic loss of ILR status. However, certain exceptions allow for extended absences without losing ILR:

1. Members of the British Armed Forces and Their Partners: These individuals are exempt from the two-year rule.
2. Employees of Specific UK Government Departments or the British Council: This exemption also applies to their partners if the partner is a British citizen or settled in the UK and works in these capacities.
3. Holders of Settled Status under the EU Settlement Scheme: This status may have different conditions, allowing for more extended absences.
4. Absences Between Two and Five Years: Depending on individual circumstances, there are provisions for those who have been away for over two years but under five years.

If you lose ILR status due to an extended absence, you must apply for a Returning Resident Visa to regain your status. This application requires you to demonstrate strong ties to the UK, such as family, property, or business interests, and a genuine intent to return for settlement.

How to Renew Your Indefinite Leave to Remain

To renew your ILR through a Returning Resident Visa, you must meet specific eligibility criteria:

1. Previous ILR Holder: You must have previously held ILR before leaving the UK.
2. No Financial Assistance from the Home Office: You should not have received financial help from the Home Office during your absence.

In your application, explain why you left the UK, the circumstances surrounding your departure, and how you maintained strong ties to the UK. Supporting documents could include evidence of UK connections or assets and any exceptional reasons for your extended absence.

All ILR renewal applications are processed online via the Home Office website.

Paying the ILR Renewal Fee

When applying for a Returning Resident Visa, you must pay a fee of £637. Each dependent, such as a partner or children, must apply separately and pay the same fee if eligible.

It's essential to apply for the Returning Resident Visa while outside the UK before attempting to return.

Revoked ILR Application

ILR can also be revoked under specific conditions, such as obtaining ILR through deceit or becoming liable for deportation. If an individual ceases to be a refugee or their dependents' status changes, ILR may be revoked. This includes scenarios where the person voluntarily avails themselves of the protection of their country of nationality or acquires a new nationality and seeks that country's protection.

Get Support With ILR Applications

Achieving Indefinite Leave to Remain (ILR) is a significant milestone that offers many benefits, including permanent residency, access to public services, and a potential pathway to British Citizenship. To ensure a successful application, it is essential to thoroughly understand the eligibility criteria, requirements, and application process.

Consulting with experienced immigration lawyers and preparing thoroughly can significantly enhance your chances of success. ILR opens doors to a secure and stable future in the UK, making the effort worthwhile.

QC Immigration has extensive experience providing guidance on Indefinite Leave to Remain cases and other UK visa matters. Whether you prefer to meet our specialists in person or need a fully online service, we can assist you with all UK immigration concerns. Since immigration rules often get updated, we recommend discussing your UK Visa options with our team to ensure you are well-informed.

With our expertise, you can save time and reduce the risk of submitting an incomplete or non-compliant application, ensuring a smooth, efficient, and stress-free journey to achieving Indefinite Leave to Remain.