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    What is Indefinite Leave to Remain (ILR)

    Overseas nationals may apply for Indefinite Leave to Remain (ILR), which allows them to stay in the country indefinitely.

    In most cases, you must have lived in the UK for at least five years before applying for ILR, but in some cases, you can apply after three or even two years.

    ILR can be obtained through a variety of immigrant visas, including Spouse Visas, Tier 1 Visas, and Tier 2 Visas.

    ILR is the first step toward naturalisation and full citizenship and allows an individual to live in the UK without restrictions.

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    What are the requirements for ILR?

    The most basic precondition for ILR is that you have lived in the UK legally for a certain amount of time. There are, however, additional criteria.

    • During your stay in the UK, you should not have broken any immigration rules and should not have a criminal record.
    • During the qualifying period, a period of time spent outside the UK that does not exceed 180 days in a 12-month period.
    • Passed the ‘Life in the UK’ test, which is focused on British culture, history, and traditions.
    • Ability to demonstrate that you can communicate in English at B1 level as defined by the Common European Framework of Languages

    ILR exemptions

    Certain people would not need to apply for ILR in order to be granted settled status in the UK, such as:

    • Those who are eligible for British citizenship on grounds of ancestry (or other form of automatic citizenship)
    • Children who are dependent on a British citizen or an individual with settled status in the UK
    • An adult dependent who is reliant on a family member who is a British resident or has settled status for long-term care.
    • As part of the Gateway Security Programme; Refugees that have been resettled in the UK

    What are the different routes to ILR

    Under a form of settlement visa, if you have been legally residing in the UK , you will be eligible to apply for ILR after you have met the minimum time requirements for that visa. In addition, an applicant must meet all other criteria.

    The following visas/routes will lead to ILR status:

    It is also possible to qualify for ILR via a less conventional path that does not require possession of a specific visa.

    Get in touch with our expert immigration lawyers to learn more on UK Settlement.

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      Can I apply for ILR after five years ?

      The length of time you would have spent in the UK before applying for ILR is determined by your individual circumstances. After five years of lawful residency in the UK, an overseas national may usually apply for ILR.

      The following visas require five years of residency in the UK:

      • Spouse Visa
      • Unmarried Partner Visa
      • Family Visa
      • Tier 2 Visa
      • Skilled Worker Visa
      • UK Ancestry Visa
      With less than five years of residency in the UK, you may be eligible for ILR status, including those residing in the UK under the following conditions:
      • Innovator Visa:  After three years, based on business accomplishments, you might be eligible.
      • Tier 1 Entrepreneur Visa:  After three years, depending on business activities, you might be qualified. (Please note that this visa is no longer valid.)
      • Global Talent Visa:  If the last endorsement was issued under the “exceptional talent” or “exceptional promise” criteria, or under the UK Research and Innovation fast track criteria, you will be qualified after three years.
      • Tier 1 Investor Visa:  After two or three years, depending on business activities, you will be eligible.
      • Tier 1 Exceptional Talent Visa:  If the last endorsement was issued under the “exceptional talent” or “exceptional pledge” criterion for the Royal Society, Royal Academy of Engineering, or British Academy, you are qualified after three years. (Please note that this visa is no longer valid.)

      After a four-year qualification period in the UK, a Commonwealth citizen who served in the British Armed Forces may apply for ILR.

      The minimum time requirement can be more than five years in some cases. If anyone has been living in the UK under a type of Long Residence, they must have spent at least 10 years in the country before applying for ILR if they are over the age of 18, and at least 7 years if they are under the age of 18.

       With less than five years of residency in the UK, you may be eligible for ILR status, including those residing in the UK under the following conditions:

      What do I need to know about the English language test ?

      You must be able to demonstrate that you meet the English language requirement of B1 in speaking and listening as defined by the Common European Framework of Reference for Languages as part of your ILR application.

      Most applicants would need to submit a certificate from an accredited examination provider or be able to display the results online in order to be considered for ILR.

      Some will not be required to meet this requirement. Citizens of Commonwealth countries or countries with a large English-speaking population, for instance, are typically excluded.

      The following countries are included, but it is not just limited to these:

      • Antigua and Barbuda
      • Australia
      • The Bahamas
      • Barbados
      • Canada
      • Grenada
      • Jamaica
      • New Zealand
      • Ireland
      • St Kitts and Nevis
      • St Lucia
      • St Vincent and the Grenadines
      • Trinidad and Tobago
      • USA

      In addition, the following applicants would not be required to speak English:

      • Those that are 65 years old or above
      • Owner of a degree or higher qualification at an recognised educational institute that was taught in English
      • All under humanitarian security 
      • Domestic abuse victims
      • A partner or spouse of a British citizen or settled status person who has died.

      What is the ‘Life in the UK’ Test ?

      The ‘Life in the UK’ test is a requirement of the ILR application. The ‘Life in the UK’ test, also known as the British Citizenship test, is focused on British culture, heritage, and traditions.

      On the day of the test, 24 questions are created at random. The test is 45 minutes long. To pass the exam, you must obtain a score of at least 75%.

      The test costs £50 and can be performed at one of more than 30 certified testing centres. You can only take the exam at one of the five locations closest to your residence.

      If you fail the exam, you must retake it within seven days of the original date. To pass, the exam may be retaken as many times as necessary.

      Those aged 18 and under, as well as those aged 65 and over, are not required to sit the exam. And, if someone has a doctor’s written proof of a long-term physical or mental illness, they are normally excluded.

      You must carry official documents, such as a passport or driver’s licence, as well as correspondence dated within three months that shows your UK address on the day of the exam.

      Your ‘Life in the UK’ pass certificate must be included as part of your submission.

       

      Periods of absence

      To be considered for ILR status, you must not have spent more than 180 days outside of the UK in a 12-month span.

      There are several exceptions, such as if you were away from the UK on business or due to unforeseen circumstances.

      It would normally be recognised as an allowable absence if you were outside the UK for the following reasons:

      • Because of the dispute
      • A serious disease afflicting the applicant or a close relative
      • A natural calamity
      • A holder of a Tier 2 (General) Visa or a Skilled Worker Visa who has been sponsored to work in a PhD-level occupation.
      • Some HM armed forces reserve members are working abroad.
      • Applicants with a Global Talent or Tier 1 Exceptional Talent visa can take some time off.

      It is advisable to keep track of any time spent outside the UK after starting your residency.

      ILR Application Advice

      It can be stressful and time-consuming to apply for ILR. As a result, we at Rubens Immigration are dedicated to providing effective legal assistance to all our clients. Your case will be handled by a skilled immigration solicitor who will determine your situation and advise you on the best course of action and how to submit your Home Office application.

      To make enquiries regarding the ILR application you may get in contact with our team.

      ILR Application Assistance

      We will assist you with every phase of your application for ILR. We can complete your application form to the highest standard after reviewing your eligibility. This involves conducting a thorough document review to ensure that your proof portfolio is complete. We may also write a Letter of Representation on your behalf to back up your submission.

      To make enquiries regarding the ILR application you may get in contact with our team.

      Get in touch with our expert immigration lawyers to learn more on UK Settlement.

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        Which document do I need to include in my ILR application ?

        A number of supporting documents will be needed as part of your ILR application. This extends to both you and your dependents who are submitting an application with you.

        It is crucial to remember that the documents you submit must be the originals. You must clarify why you are unable to supply the original records. The Home Office can exercise leniency if exceptional circumstances prevent you from accessing the original records.

        In most cases, you will be required to submit the following documents and information:

        • During your time in the UK, passports and travel papers, including any previous passports that were valid 
        • Certificates of birth or adoption
        • Documents that report any time spent outside the UK during your residence, such as travel documents.
        • If you were supposed to register with the police when you arrived in the UK, a police registration certificate.
        • An overview of your immigration history
        • Bank accounts and other financial data
        • ‘Life in the UK’ exam certificate.
        • If you are not exempt, you will need a pass certificate to show that you have a B1 level of English.
        • Two identical passport-sized photos

        What is the ILR application form I need to use ?

        Form Set (O) and Form Set (P) are the two primary forms used for ILR applications (M).

        Form Set (M) is the form that must be filled out when applying for ILR as a partner or parent of a child who is already residing in the UK.

        Form Set (O) is the form to use with all other ILR applications. This includes those on UK Ancestry visas, Tier 1 investor and exceptional talent visas, Tier 2 visas, Skilled Worker Visas PBS dependants, and those on Tier 1 investor and exceptional talent visas.

        ILR fee

        The fee at present, for an applicant for ILR is £2,389. If you are filing with your family, additional  fees for each dependent are involved.

        If you need an immediate decision on your application, you can use the expedited service. The priority service costs an additional £500 and processes your application in five working days, while the super-priority service costs an additional £800 and processes your application in one working day.

        How long does it take to process an ILR application ?

        While there is no scheduled timeline, an application for ILR will be processed within six months.

        ILR UK as a spouse

        The Spouse Visa is one of the most popular forms of visa for those who want to join their spouses in the UK.

        After five years of lawful residence in the UK, a spouse of a settled partner may apply for ILR status.

        The initial Spouse Visa is valid for 30 months and can be extended for another 30 months at the end of that period. Once the Spouse Visa Extension period has ended, a spouse can apply for ILR if they fulfill all of the requirements.

        Biometric Residence Permit with ILR

        A Biometric Residence Permit (BRP) is an identification card that contains your name, date of birth, fingerprints, and a photograph of your face. It will also provide details on your legal status, any terms of your stay, and information on available benefits and services.

        If you do not have a BRP yet, you will need to obtain one before applying for ILR. When your application has been submitted, you will be given instructions about how to obtain your BRP.

        What are my rights with ILR ?

        ILR is a form of permanent residence that allows its holders to stay in the UK without restrictions.

        You will be able to work and study in the UK, as well as receive free NHS healthcare.

        Can ILR Status be revoked ?

        It is important to remember that in certain situations, ILR status may be revoked.

        If the following conditions are met, ILR status can be revoked:

        • As a refugee, you were given ILR and are no longer considered a refugee.
        • You are deportable, but for legal reasons you cannot be deported.
        • You were discovered to have obtained ILR by fraud.
        • For a period of more than 2 years you have left the UK

        What can I do if my ILR application is refused ?

        Refusal of an ILR application can be very upsetting. To begin, it is critical to comprehend why your application was turned down. In the rejection letter, the reasons for the denial will be clarified.

        If an application contains an apparent error, the safest solution is to resubmit the application with the errors corrected.

        However, if you feel your application was wrongly denied, you have the choice of appealing the Home Office’s decision.

        If you believe a genuine error was made on your application, such as a key piece of evidence not being considered, an administrative review is the best choice. Your application will be reconsidered by a different immigration official if you choose this option.

        In certain cases, you will be entitled to file a formal legal challenge to the Home Office’s decision. If this is a choice for you, it will be mentioned in your refusal letter.

        Rubens Immigration has experienced and trained professionals who with our appeal package, can be there to support you all the way throughout the entire process.

        Will I automatically receive British citizenship when ILR ends ?

        ILR is a significant move toward obtaining British citizenship. Nevertheless, after a certain amount of time living under ILR status, you will not automatically become a British resident.

        If your circumstances have not changed drastically after you have lived in the UK for a year under ILR, you will be eligible to apply for British citizenship. You must make an application for British citizenship by naturalisation to the Home Office if you want to become a full British citizen.

        You will be required to apply for a British passport and enjoy all of the privileges of citizenship as a British resident.

        What is the EEA Citizens Settlement Scheme ?

        Instead of ILR, EU, EEA, and Swiss citizens may apply under the EU Settlement Scheme.

        The EU Settlement Scheme allows eligible applicants to live and work in the UK without limitations after 30 June, 2021.

        To be considered, you must have lived in the UK before 31 December, 2020 in most cases.

        If you are eligible for the scheme, your immediate family members will be allowed to enter based on their connection to you and will have access to the same benefits as you.

        For guidance on ILR, please contact our team.

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        Frequently Asked Questions

        There are various routes to get ILR in the UK. Most commonly, these are when you are in the UK with permission as one of the following:

        • A family member
        • A certain type of worker (e.g Tier 2/Skilled Worker)
        • A partner
        • On continuous and long-term lawful residence
        • A person with Ancestry ties.

        The dependent child of a British Citizen or a person who is a settled resident in the UK may be given immediate permission to remain indefinitely, and refugees who are resettled in the UK through the Gateway Protection Programme will automatically be granted immediate permission to remain

        You need to complete Form SET (O) or Form SET (M), depending on your circumstances to apply for IRL.You must already be in the UK and in many cases will need to demonstrate a knowledge of language and life, although certain applicants are exempt from this requirement including children (under 18), parents, grandparents and other dependent relatives of people present and settled in the UK, or those residing in the UK as a refugee.

        You will need to demonstrate your knowledge of the English language and UK life by passing the Life in the UK test and meeting the English Language requirements. You will not need to pass the English Language requirements for ILR if you hold a recognised qualification in English, have a degree that was taught or researched in English or you are a national of an English-speaking country.

        As part of your application, you will need to enrol your fingerprints and facial image (known as biometric information) and obtain a Biometric Residence Permit. This will confirm your immigration status and entitlements.

        An ILR card is a name given to the document you will receive when you make an application for ILR.

        You must also satisfy a number of requirements to get an ILR card. As of October 2013, this includes passing a speaking and listening qualification in English for Speakers of Other Languages (ESOL qualification).

        The card/certificate you receive when you get ILR can be used as proof of your settled status when making job applications, renting property and applying for citizenship.

        A person could lose ILR if they leave the UK for two years or more while they hold ILR status.

        If you are a returning resident, meaning you have left the UK for an extended period and then returned, you should make sure that your time spent outside the UK does not breach ILR guidelines, and stays lower than five years.

        The Home Office ILR costs £2,389 per applicant.

        It also costs £19.20 to register biometric information, which is an essential part of the ILR application process.

        You may be able to extend your existing visa temporarily and remain in the UK if you do not yet qualify for ILR. This is known as Further Leave to Remain. If you came here as a visitor, in most cases you cannot extend your permission to stay beyond six months, although in limited circumstances you may be able to switch to a different visa category.

        You also need to apply to extend your stay before your existing permission expires – as an overstayer will risk an order for enforced removal.

        Unspent convictions might most probably affect your application for ILR under the suitability requirements. However, this depends on the type of conviction and the individual circumstances.

        If the conviction is spent,still there is a chance that this could affect your ILR application, again, this will depend on the type of conviction.

        We strongly recommend you to  talk to an immigration specialist about your conviction before putting together your application to make sure you have the best possible chance of success.