Indefinite Leave to Remain (ILR)

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When it comes to securing your future in the UK, few things are as important as obtaining Indefinite Leave to Remain (ILR). ILR is a type of permanent residency that allows you to stay in the UK indefinitely, work, study, and eventually apply for British citizenship. But how exactly do you get ILR, and what are the benefits? Let’s walk you through everything you need to know.

What is Indefinite Leave to Remain (ILR)?

ILR, or Indefinite Leave to Remain, grants individuals the right to live and work in the UK without any immigration restrictions. It’s the final step before becoming a British citizen and is highly sought after by individuals wishing to make the UK their permanent home.

UK Indefinite Leave to Remain (ILR) Requirements and Eligibility

Indefinite Leave to Remain (ILR) allows foreign nationals to settle in the UK permanently. ILR removes restrictions on work, study, and travel, and is a key step toward British citizenship. The eligibility criteria for ILR depend on various factors, such as visa type, length of residence, and compliance with UK immigration rules.

General ILR Requirements:

  • Lawful Residence: You must have lived legally in the UK for a qualifying period, typically 5 years, without breaching immigration laws.
  • Absence from the UK: You must not have spent more than 180 days outside the UK in any 12-month period during the qualifying period.
  • Good Character: Applicants must have a clean criminal record and must not have breached immigration laws.
  • Life in the UK Test: Passing the Life in the UK Test is mandatory, covering topics on British culture, history, and traditions.
  • English Language Proficiency: You must meet the B1 level in English, either by passing an approved test or proving qualifications taught in English.

ILR Exemptions

Certain individuals are exempt from needing to apply for ILR to settle in the UK:

  • British citizens by descent or other forms of automatic citizenship.
  • Children of British citizens or settled persons.
  • Refugees resettled under the Gateway Protection Program.
  • Adult dependents in long-term care of British citizens or settled persons.

Different Routes to ILR

Several visa categories lead to ILR after a minimum time spent in the UK. These include:

  1. Spouse Visa (eligible after 5 years)
  2. Unmarried Partner Visa (eligible after 5 years)
  3. Skilled Worker Visa (eligible after 5 years)
  4. Global Talent Visa (eligible after 3 or 5 years depending on criteria)
  5. UK Ancestry Visa (eligible after 5 years)
  6. Long Residence (10 years of lawful residence)

Some visas, such as the Innovator Founder Visa or Entrepreneur Visa, allow ILR after 3 years based on business achievements.

Indefinite leave to remain documents

  • Your current valid passport
  • If you do not have a passport, your travel document Applicant’s
  • Your birth certificates
  • Any Biometric Residence Permits (BRPs) that you have been issued
  • Evidence of cohabitation (if partner-visa route)
  • Police certificate (if applicable)
  • Evidence of accommodation
  • Evidence/receipts of your permitted benefits (if applicable)
  • Documents that relate to absences from the UK (if applicable)
  • English language test documentation
  • Life in the UK test documentation
  • Evidence that shows you have had a continuous residence in the UK
  • Documents for evidence change in certain circumstances

English Language Test

Applicants must prove English proficiency at the B1 level. Exemptions include citizens of majority English-speaking countries (e.g., USA, Australia) and applicants over 65 or with a degree taught in English.

Life in the UK Test

The Life in the UK Test, required for ILR, covers British history, culture, and traditions. It lasts 45 minutes, and applicants must score 75% to pass. Exemptions include those under 18, over 65, or with long-term physical or mental conditions.

Absence from the UK

You cannot have spent more than 180 days outside the UK in any 12-month period. Exceptions apply for business travel or exceptional circumstances like illness or armed conflict.

Documents Required for ILR Application

You will need:

  • Passports and travel documents
  • Evidence of continuous residence (e.g., utility bills, council tax)
  • Financial evidence (e.g., bank statements)
  • Life in the UK Test pass certificate
  • Proof of English proficiency (if required)
  • Biometric residence permit

ILR Application Processing and Fees

Processing takes up to 6 months. Standard application fees are £2,885, with options for faster processing at additional costs of £1000.

How to apply for Indefinite Leave to Remain?

To apply for Indefinite Leave to Remain (ILR) in the UK, follow these steps:

  • Check Eligibility: Ensure you meet all the requirements for ILR, including continuous lawful residence, passing the Life in the UK test, meeting the English language requirements, and adhering to the 180-day rule.
  • Complete the Online Application:
    • Fill out the appropriate ILR application form online (Form Set(O) or Form Set(M), depending on your visa type).
  • Pay the ILR Application Fee:
    • Submit the required ILR application fee. The current fee is £2,885.
  • Book a Biometrics Appointment:
    • Schedule an appointment with the UK Visa and Citizenship Application Services (UKVCAS) to provide your biometric information (fingerprints and a photo).
  • Submit Supporting Documents:
    • Upload your supporting documents online or take them to your appointment centre. The documents include your passport, immigration history, financial evidence, English language test results, and Life in the UK test pass certificate.
  • Attend an Interview (if required):
    • You may be called for an interview by UKVI if further information or clarification is needed.
  • Wait for the Decision:
    • After submitting your application and providing your biometrics, your ILR application will be processed, which can take up to six months unless you opt for priority processing.

Make sure to keep a copy of all the documents you submit and follow up on any communication from UK Visas and Immigration (UKVI) during the application process.

Indefinite leave to remain processing time

Unfortunately, decision making on behalf of the Home Office is not always fast and indefinite leave to remain processing time can in some instances take up to 6 months. However, most applications are decided upon in 8 weeks, and many of our clients have a result within 2-3 months.

ILR 180 day rule

The ILR 180-day rule, also known as the continuous residence requirement, is a critical condition for those applying for Indefinite Leave to Remain (ILR) in the UK. This rule states that applicants must not have spent 180 days or more outside the UK in any 12-month period during their qualifying residence period before applying for ILR.

The purpose of the 180-day rule is to ensure that applicants seeking permanent settlement in the UK have genuinely resided in the country and are committed to staying. This rule applies across various visa categories that lead to ILR, such as the Skilled Worker Visa, Spouse Visa, and others.

Exceptions to the 180-day Rule

While this rule is strictly enforced, there are some exceptions to permissible absences:

  • Work-related reasons, such as business trips for employers
  • Compassionate reasons, such as serious illness, family emergencies, or natural disasters
  • Absences due to armed conflict
  • PhD-level roles: Skilled Worker Visa holders in PhD-level occupations may be allowed additional absences.

In most cases, you will need to provide evidence explaining any significant time spent outside of the UK to ensure that your absences are justifiable under the rule.

Maintaining records of your travel dates and reasons for absences is essential when applying for ILR to meet the 180-day rule requirement.

British Citizenship after Indefinite Leave to Remain

After obtaining Indefinite Leave to Remain (ILR), you may apply for British citizenship once you have held ILR status for at least 12 months. However, if you are a spouse of a British citizen, you can apply for British citizenship immediately after being granted ILR, without needing to wait for 12 months.

What to Do if Your ILR Application Is Refused?

If your ILR application (or that of a dependant) is refused, you may still be able to secure settlement in the UK with the correct legal advice. There are several options to challenge the refusal:

  • Appeal on Human Rights Grounds:
    • If your ILR application was based on human rights, you may be able to appeal the refusal.
  • Judicial Review:
    • If you believe the UK Visas and Immigration (UKVI) made an error in refusing your application, you can request a judicial review.
  • Reapply:
    • In some cases, it may be easier and faster to submit a fresh ILR application with stronger supporting documents.

Consulting with an experienced immigration solicitor can help you decide the best course of action based on the specific details of your case.

Contact Solicitors In Manchester for Assistance

Our expert team of immigration solicitors can guide you through every stage of your ILR application. Contact us today for tailored, professional advice. For more information or to schedule a consultation, please get in touch with us today!