Indefinite Leave to Remain
Indefinite Leave to Remain Content Overview
- What is Indefinite Leave to Remain (ILR)?
- Eligibility Requirements for ILR
- Residency Requirements for ILR
- ILR Application Process
- Contact Us
- Proof of English Language Proficiency
- Required Documents for ILR Application
- ILR Fees and Processing Times
- Children of a Person with ILR or Settled Status
- ILR Application Tips
- If ILR is Approved
- If ILR is Refused
- Benefits of Obtaining ILR
- How Xlaw.Lawyer Can Help You
- Contact Us
- Visa Glossary
- Visa Resources
Indefinite Leave to Remain UK (ILR)
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK, allowing non-British citizens to live, work, and study in the UK without time restrictions. ILR is a critical step toward becoming a British citizen. Once granted, it removes the need for visa renewals, provides access to public funds, and ensures you can continue your stay indefinitely, provided you meet the qualifying criteria.
Holders of ILR are still considered foreign nationals, but they enjoy most of the same rights as British citizens. After holding ILR for at least 12 months, individuals can apply for British citizenship, provided they meet the relevant requirements.
Eligibility Criteria for ILR
Visa Types Eligible for ILR
Several visa types qualify for ILR, and the eligibility varies depending on the visa route you are on. Common visa categories that lead to ILR include:
- Skilled Worker Visa (formerly Tier 2 General)
- Global Talent Visa
- Innovator Visa
- Spouse or Partner Visa (Family routes)
- Ancestry Visa
Each visa has its own eligibility timeline, generally requiring a continuous residence of five years in the UK. However, some visas, such as the Global Talent Visa, allow for earlier applications after just three years of residence.
Continuous Residency and Absence Limits
To qualify for ILR, applicants must prove continuous residency in the UK. Continuous residence means living in the UK without long, unpermitted breaks. Key requirements include:
- No more than 180 days of absence in any 12-month period during the qualifying period.
- Any absences must be for permitted reasons, such as work, study, or compassionate grounds.
Absences exceeding the allowed limit may break your continuous residence and could make you ineligible for ILR unless justified by permitted exceptions (such as medical or humanitarian reasons).
Good Character and Lawful Residence
Applicants must demonstrate that they have maintained a lawful status throughout their time in the UK. This includes:
- Having a valid visa or immigration status at all times.
- Avoiding serious criminal offenses, as good character is an essential part of the ILR eligibility. Applicants must not have a criminal history, immigration violations, or any history of deception in their applications.
Residency Requirements for ILR
Length of Stay Requirements
The duration you need to spend in the UK to be eligible for ILR depends on your visa type. Most applicants are eligible after 5 years of continuous residence, but for specific routes, such as the Global Talent Visa (if endorsed as an exceptional talent), the requirement can be reduced to 3 years. There is also a long residency route, where you have to spend 10 years legally to be able to apply for ILR.
Lawful Residence Explained
To meet the ILR requirements, your residence in the UK must be lawful. This means that you must have held valid permission (visa) to stay in the UK during your entire stay, without any periods of overstaying. It’s crucial to ensure you meet this condition when applying for ILR, as unlawful residence can lead to refusal.
To discuss your Indefinite Leave to Remain application with one of our immigration experts, please contact X Law Lawyers.
ILR Application Process
How to Apply for ILR
Applying for ILR is a detailed process, and it’s essential to follow each step carefully:
- Complete the Application Form: You must fill out the correct ILR application form online via the UK Government website. Common forms include Set (O) and Set (M) depending on your visa type.
- Pay the Application Fee: Submit the appropriate fees (covered in detail below).
- Upload Required Documents: Ensure all documents supporting your application are in place (detailed below).
- Biometric Appointment: Attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to submit biometric information (fingerprints and photos).
Biometric Information Collection
As part of the ILR process, you’ll need to provide biometric information, including your fingerprints and a photograph. This can be done at a local UKVCAS center after booking an appointment online. You’ll receive a Biometric Residence Permit (BRP) once your ILR is granted.
Submitting Documents for ILR
You will need to submit a comprehensive list of documents with your application. These include:
- Proof of your identity (passport, BRP)
- Proof of continuous residence in the UK (travel documents, work records)
- Employment documentation, if applicable
- Proof of relationship (for family route applications)
- Life in the UK Test certificate (mandatory for most applicants)
ILR Decision Timeline
The Home Office typically processes ILR applications within 6 months under the standard service. However, expedited services such as the Priority Service or Super Priority Service allow for faster processing (within 5 working days or 1 working day, respectively).
Proof of English Language Proficiency
To qualify for Indefinite Leave to Remain (ILR), most applicants must prove their knowledge of the English language. This is a key requirement unless you’re exempt due to specific circumstances such as age or medical conditions.
Accepted English Language Tests
You can prove your English language proficiency by passing an approved test. The most common tests accepted for ILR include:
- IELTS for UKVI (International English Language Testing System)
- Trinity College London’s GESE Grade 5 Test
The test must be at B1 level or higher and approved by the UK Home Office. Ensure that you take the test with a Home Office-approved test provider and provide the test reference number as part of your ILR application.
Exemptions from English Language Requirement
You may be exempt from the English language requirement if:
- You are under 18 or over 65.
- You are from a majority English-speaking country, such as the USA, Canada, Australia, or New Zealand etc.
- You have a degree that was taught or researched in English. This qualification must be confirmed through a UK ENIC certification if it was obtained outside the UK.
- You have a long-term medical condition that prevents you from taking the test. In this case, a medical certificate or letter from a doctor will be required as evidence.
Required Documents for ILR Application
When applying for ILR, it’s crucial to submit all required documents to support your application. Missing or incomplete documentation could result in delays or refusal.
Proof of Identity and Residency
You must submit documents that prove your identity and that you have continuously lived in the UK during the qualifying period. These documents include:
- Current passport or Biometric Residence Permit (BRP).
- Previous passports, to show travel history and entry into the UK.
- Utility bills or tenancy agreements as proof of residence.
Employment Documentation
If you are applying for ILR based on a work visa, such as the Skilled Worker Visa, you will need to provide proof of your employment. This may include:
- Payslips covering the last 12 months.
- Letter from your employer confirming your job role, salary, and continuous employment.
- P60 or P45 documents, if applicable.
Life in the UK Test Certificate
One of the mandatory requirements for ILR is passing the Life in the UK Test. This test assesses your knowledge of British culture, history, and government. It must be taken at an approved test centre, and you will need to submit the test certificate along with your ILR application.
To pass the test, you need a score of 75% or higher. It’s recommended to prepare by studying the official guidebook, Life in the UK: A Guide for New Residents.
ILR Fees and Processing Times
The fees and processing times for an ILR application depend on the type of service you choose. It’s essential to factor in these costs and timelines when preparing your application.
Standard ILR Application Fees
The standard application fee for ILR in 2024 is £2,404. This fee is non-refundable, even if your application is unsuccessful. Payment must be made when you submit your application online.
Priority and Super Priority Services
If you need a faster decision on your ILR application, the Home Office offers premium services:
- Priority Service: An additional £500, and you receive a decision within 5 working days.
- Super Priority Service: An additional £1000, with a decision made within 24 hours.
These services are ideal if you need a quick decision, but they come with significantly higher fees.
Processing Times for ILR
The Home Office typically processes ILR applications within 6 months when using the standard service. If you apply through Priority or Super Priority services, your decision will be made within the advertised timeline.
Children of a Person with ILR or Settled Status
If you have ILR or Settled Status, your children may also be eligible to apply for ILR, depending on their circumstances. Here’s what you need to know:
Eligibility for Children Born in the UK
Children born in the UK to parents who hold ILR or Settled Status may be eligible for immediate ILR or British citizenship. If only one parent holds ILR, the child can still apply for ILR but may not be automatically eligible for citizenship.
Eligibility for Children Born Outside the UK
Children born outside the UK can apply for ILR if they meet certain residency requirements and are dependent on a parent with ILR or Settled Status. The child must live with the parent in the UK, and their application is usually submitted alongside the parent’s application.
Required Documents for Children’s ILR Application
When applying for ILR on behalf of your child, you will need:
- The child’s passport.
- Birth certificate showing the parent-child relationship.
- Proof that the child has continuously lived in the UK (if applicable).
How Our Law Firm Can Help
Our law firm specialises in UK immigration law, particularly assisting applicants with the Indefinite Leave to Remain process. We offer comprehensive services to ensure a successful application.
We provide tailored advice based on the latest immigration rules and offer a free consultation to help you understand your options.
To discuss your Indefinite Leave to Remain application with one of our immigration experts, please contact X Law Lawyers.
ILR Application Tips
Applying for Indefinite Leave to Remain (ILR) is a significant step, and making a mistake in your application can delay or even jeopardise your approval. Here are some useful tips to help you ensure a smooth ILR application process:
- Check your eligibility early: Ensure that you meet all requirements, such as residency, absence limits, and good character, well before starting your application.
- Track your absences: Keep a record of all trips outside the UK, including the number of days and the reasons for your absences. This is crucial, as exceeding the 180-day limit can break your continuous residency.
- Prepare for the Life in the UK Test: Don’t wait until the last minute to take the Life in the UK Test. Studying early ensures you have enough time to pass.
- Submit all necessary documents: Missing or incomplete documentation is one of the main reasons for ILR refusals. Make sure you include everything required, such as proof of identity, residence, and employment.
- Seek legal advice: If you are unsure about any part of the process or have a complicated case, consulting a lawyer can save you time and stress. Legal professionals can help ensure your application is watertight.
If ILR is Approved
Once your Indefinite Leave to Remain (ILR) is approved, you will receive a Biometric Residence Permit (BRP), which serves as proof of your settled status in the UK. Here’s what you need to know after your ILR is granted:
- Work and Live in the UK Permanently: ILR allows you to live and work in the UK without any time restrictions or visa renewals.
- Access to Public Services: You can access public funds and services, including healthcare under the National Health Service (NHS), and are eligible for certain welfare benefits.
- Travel Freedom: With ILR, you can travel in and out of the UK without needing to apply for a visa. However, ensure you are not absent from the UK for more than 2 years consecutively, or you may lose your ILR status.
- Eligibility for British Citizenship: Once you hold ILR for 12 months, you can apply for British citizenship, provided you meet the requirements.
- Family Members: If you have children or family members who do not already have ILR, they may be eligible to apply based on your settled status.
If ILR is Refused
If your application for Indefinite Leave to Remain (ILR) is refused, you will be given the reasons for the refusal by the Home Office. Common reasons for ILR refusals include:
- Failing to meet the continuous residency or absence limits.
- Not providing sufficient or correct supporting documentation.
- Failing to pass the Life in the UK Test or meet the English language requirement.
- Failing the good character requirement, often due to criminal records, breaches of immigration rules, or unpaid taxes.
What to Do Next
If your ILR is refused, you have several options:
- Administrative Review: If you believe there was an error in the decision-making process, you can apply for an administrative review. This is where a different Home Office caseworker reviews the original decision.
- Appeal: In some cases, you may have the right to appeal the decision. This usually applies if the refusal affects your human rights, such as the right to family or private life.
- Reapply: If your refusal was due to missing documents or insufficient evidence, you may choose to correct the issues and submit a new ILR application.
It’s important to seek legal advice immediately if your ILR is refused. Our team at Xlaw.Lawyer can help you understand your options and assist with preparing an appeal or a fresh application.
Benefits of Obtaining ILR
Indefinite Leave to Remain (ILR) comes with a range of benefits that allow you to enjoy the rights and privileges of living in the UK without the restrictions of temporary visas. Here’s a breakdown of the key benefits:
Permanent Residency Rights
With ILR, you are granted the right to live and work in the UK permanently. You no longer need to apply for visa extensions, which saves both time and money.
Pathway to British Citizenship
ILR is the first step toward applying for British citizenship. Once you have held ILR for 12 months, you may apply for naturalization as a British citizen, provided you meet the other criteria (such as the citizenship test and residence requirements).
Access to Public Services
ILR holders can access public services, including healthcare through the National Health Service (NHS) and certain welfare benefits. This makes life in the UK more financially secure for permanent residents.
Stability and Security
Having ILR gives you the stability of knowing that your residency in the UK is permanent. You can plan for the future with greater certainty, including securing mortgages, employment, and education for your family.
How Xlaw.Lawyer Can Help You
At Xlaw.Lawyer, we understand that the ILR application process can be overwhelming, with its complex requirements and documentation. Our legal team is here to guide you through each step, providing expert advice and ensuring that your application has the highest chance of success.
Legal Support for ILR Applications
Our experienced immigration lawyers specialize in UK immigration law and have an in-depth understanding of the ILR process. We provide tailored legal support to ensure that your application is completed accurately and efficiently, avoiding common pitfalls that may lead to delays or rejections.
Document Review and Submission Assistance
The key to a successful ILR application is providing the correct documentation. Our team will review your case, help you gather all necessary documents, and ensure that they meet Home Office requirements. We assist with:
- Proof of residence documentation.
- Employment verification for work visa holders.
- Life in the UK Test and English proficiency documentation.
- Family and dependent applications.
Free Consultation
If you’re unsure about your eligibility for ILR or need guidance on where to start, we offer a free consultation to discuss your case. During this session, we’ll evaluate your situation, answer your questions, and advise you on the best way forward. Contact us today to schedule your free consultation!
Indefinite Leave to Remain Frequently Asked Questions (FAQs)
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of permanent residency that allows a person to live and work in the UK without any time restrictions. ILR status provides access to public services and removes the need for visa renewals. After holding ILR for 12 months, individuals can apply for British citizenship.
Who is eligible for Indefinite Leave to Remain?
Eligibility for ILR depends on the visa route you have taken to enter the UK. Most applicants become eligible after 5 years of continuous residency in the UK on visas such as the Skilled Worker Visa, Spouse Visa, or Ancestry Visa. Some routes, such as the Global Talent Visa, may allow applications after 3 years. There is also a long residency route, where you have to spend 10 years legally to be able to apply for ILR.
What does “continuous residence” mean for ILR?
Continuous residence means you have lived in the UK without significant absences during the qualifying period for ILR. Typically, you should not be outside the UK for more than 180 days in any 12-month period. Absences exceeding this limit may affect your eligibility unless there are exceptional circumstances.
What happens if I have been outside the UK for more than 180 days?
If you have been outside the UK for more than 180 days in any 12-month period, it could break your continuous residency. However, certain exceptions apply, such as absences due to humanitarian work, military conflict, or compassionate grounds like illness.
How do I apply for Indefinite Leave to Remain?
You can apply for ILR online through the UK Home Office website. You’ll need to complete the appropriate form (e.g., Set (O) or Set (M)), pay the application fee, and submit your supporting documents. A biometric appointment will also be required to provide fingerprints and a photograph.
What supporting documents do I need for an ILR application?
Common documents required for ILR include:
- Current passport and any previous passports.
- Proof of residence (e.g., utility bills, tenancy agreements).
- Payslips and employment letters (for work visa holders).
- Life in the UK Test certificate.
- English language proficiency test certificate (if applicable). Additional documents may be required depending on your visa route and personal circumstances.
Do I need to take an English language test for ILR?
Yes, unless you are exempt, most ILR applicants need to prove their English language proficiency. You can do this by passing an approved English language test, such as the IELTS for UKVI, at B1 level or higher. Alternatively, a degree taught in English may be accepted as proof.
Who is exempt from the English language requirement?
You are exempt from the English language requirement if:
- You are under 18 or over 65.
- You are from a majority English-speaking country.
- You have a degree taught in English.
- You have a long-term medical condition that prevents you from taking the test, supported by medical evidence.
What is the Life in the UK Test?
The Life in the UK Test is a mandatory requirement for most ILR applicants. It assesses your knowledge of British history, culture, and values. You need to pass the test with a score of at least 75%. The test must be booked through an official test center.
How long does it take to process an ILR application?
The processing time for ILR applications is typically 6 months under the standard service. You can opt for the Priority Service or Super Priority Service for faster processing, which offers a decision in 5 working days or 24 hours, respectively.
How much does it cost to apply for ILR?
The standard fee for an ILR application is £2,404. Priority services, such as the Priority Service (£500 extra) and Super Priority Service (£800 extra), are available for faster processing.
Can I apply for British citizenship after getting ILR?
Yes, after holding ILR for 12 months, you may be eligible to apply for British citizenship, provided you meet the additional requirements such as passing the British citizenship test and proving good character.
Can I lose my ILR status?
Yes, you can lose ILR if:
- You are absent from the UK for more than 2 years consecutively.
- You commit a serious criminal offense.
- You have been found to have obtained ILR through fraud or deception. If you lose your ILR, you may need to apply for a Returning Resident visa to regain entry to the UK.
Can my family apply for ILR with me?
Yes, family members such as your spouse or children can apply for ILR with you, provided they meet the requirements. Dependent children born outside the UK must usually have lived in the UK for a certain period before they are eligible.
What happens if my ILR application is refused?
If your ILR application is refused, the Home Office will provide the reasons for the refusal. You may be able to request an administrative review, appeal the decision (in some cases), or submit a new application with the correct documentation.
What is the qualifying period for ILR?
The qualifying period is the length of time you must spend in the UK before being eligible to apply for ILR. This is usually 5 years for most visa types, but it can be 3 years for Global Talent visa holders or 10 years under the Long Residence route.
Can I travel while my ILR application is being processed?
It is not recommended to travel outside the UK while your ILR application is being processed. Leaving the UK may be interpreted as breaking your continuous residence, and your application could be affected. It’s best to stay in the UK until you receive a decision on your application.
What is continuous lawful residence for ILR?
Continuous lawful residence refers to the period during which you have legally resided in the UK without any breaches of immigration law. It means that you have always held valid leave to remain or enter the UK and have adhered to the conditions of your visa.
What happens after I receive ILR?
Once you receive ILR, you are considered a permanent resident of the UK. You will receive a Biometric Residence Permit (BRP) that confirms your ILR status. With ILR, you can work, study, and live in the UK without any immigration restrictions and access public services.
Do I need to renew my ILR status?
No, ILR is a form of permanent residency, so there is no need to renew it. However, if you are absent from the UK for more than 2 years, you may lose your ILR status and will need to apply for a Returning Resident visa to re-enter the UK.
Can I apply for ILR with a criminal record?
Having a criminal record may impact your ILR application. The Home Office considers the good character requirement, and serious or repeated offenses can lead to a refusal. Minor offenses, such as traffic violations, may not affect your application, but it’s best to seek legal advice if you have a criminal record.
What are the most common reasons for ILR refusal?
Common reasons for ILR refusals include:
- Exceeding the 180-day absence limit during the qualifying period.
- Failing the Life in the UK Test.
- Failing to provide sufficient or correct documentation.
- Failing the good character requirement due to criminal activity or breaches of immigration law.
Can I work in the UK while my ILR application is pending?
Yes, you can continue working in the UK while your ILR application is being processed, provided you still hold valid leave to remain under your current visa.
Can I apply for ILR if I am self-employed?
Yes, self-employed individuals can apply for ILR, but you will need to provide specific documents to prove your continuous self-employment in the UK. This may include tax returns, financial records, and proof of business activity.
Can I include my partner and children in my ILR application?
Yes, if your partner or children are dependents on your visa, they may be eligible to apply for ILR at the same time as you, provided they meet the requirements for continuous residence and good character. The application process for dependents is similar, and they will need to submit their own supporting documents.
Can I switch from a temporary visa to ILR?
Yes, if you meet the continuous residency and other requirements, you can switch from certain temporary visas (such as the Skilled Worker Visa or Spouse Visa) to ILR. You must ensure that your visa category qualifies for settlement before applying.
How long do I need to wait after getting ILR to apply for citizenship?
After holding ILR for 12 months, you may be eligible to apply for British citizenship. However, if you are married to a British citizen, you may be able to apply for citizenship immediately after receiving ILR, provided you meet all other requirements.
What is the Returning Resident visa?
The Returning Resident visa is for individuals who previously had ILR but lost it due to being outside the UK for more than 2 years. You must apply for this visa if you wish to return to the UK and regain your ILR status.
Can children born in the UK apply for ILR?
Children born in the UK to parents with ILR or Settled Status are eligible for British citizenship. However, if only one parent has ILR, the child may still need to apply for ILR before they can apply for citizenship.
Can I apply for ILR if I am on a Student Visa?
Time spent in the UK on a Student Visa generally does not count towards ILR. However, you may switch to an eligible visa route, such as the Skilled Worker Visa, and then work towards meeting the ILR requirements.
Visa Glossary
| Term | Definition |
|---|---|
| Indefinite Leave to Remain (ILR) | A form of permanent residency that allows visa holders to stay and work in the UK without time restrictions, typically after five years of continuous lawful residence. |
| Skilled Worker Visa | A visa category that allows skilled professionals to live and work in the UK if they have a confirmed job offer from a Home Office-licensed employer. |
| Continuous Residence | The requirement to live in the UK without major absences, usually no more than 180 days in any 12-month period, to qualify for ILR. |
| Biometric Residence Permit (BRP) | A physical card that proves an individual’s immigration status in the UK, which is issued after successful ILR or visa applications. |
| Life in the UK Test | A mandatory test for ILR applicants, covering British history, traditions, and modern-day society. |
| English Language Requirement | The condition for applicants to demonstrate their proficiency in English, typically through approved tests or by holding a degree taught in English. |
| Good Character Requirement | A criterion for ILR applicants, which generally means they must have no serious criminal convictions or breaches of UK immigration laws. |
| Absence Limit | The rule that ILR applicants must not spend more than 180 days outside the UK in any 12-month period during their qualifying residency. |
| Residency Requirement | The requirement that applicants must have lived in the UK for a specific period (usually five years) to qualify for ILR, depending on their visa type. |
| Form Set(O) | The application form used by most individuals applying for ILR in the UK. |
| Visa Processing Time | The typical time it takes for the Home Office to process an ILR application, which can take up to six months, unless priority or super-priority services are used. |
| Priority Service | An expedited service offered by the Home Office that processes visa or ILR applications within five working days for an additional fee. |
| Super Priority Service | A faster service that provides a decision on ILR applications within 24 hours, for a higher fee than the standard or priority service. |
| Permanent Residency | The status granted to individuals with ILR, allowing them to live and work in the UK without time restrictions. |
| Naturalisation | The process of applying for British citizenship, which is usually possible after holding ILR for 12 months. |
| Biometric Appointment | A mandatory appointment where ILR applicants provide fingerprints and photographs as part of their application process. |
| Proof of Residency | Documents such as utility bills, tenancy agreements, or bank statements that prove an ILR applicant’s continuous residence in the UK. |
Visa Resources
Indefinite Leave to Remain Official Page – UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/indefinite-leave-to-remain
Life in the UK Test – UK Government
Website: https://www.gov.uk/life-in-the-uk-test
English Language Requirements for ILR
Website: https://www.gov.uk/english-language
Biometric Residence Permit (BRP) Overview
Website: https://www.gov.uk/biometric-residence-permits
ILR Application Form SET(O) – UKVI
Website: https://www.gov.uk/government/publications/indefinite-leave-to-remain-set-o
UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/government/organisations/uk-visas-and-immigration
Visa Processing Times
Website: https://www.gov.uk/visa-processing-times
Approved English Language Tests and Providers
Website: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt
Home Office Immigration Rules and Policies
Website: UK Immigration Rules