Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) allows migrants to reside permanently in the UK without immigration restrictions. It’s also known as “settlement,” “settlement visa,” or “permanent residence.”

ILR Requirements

• Continuous residence in the UK for the required qualifying period
• Good character
• Passing the Life in the UK test
• Proving proficiency in the English language (at specified levels)
• Limit on time spent outside the UK during the qualifying period (ILR 180-day rule)

When Can You Apply for ILR?

The eligibility for ILR application varies based on factors such as the type of visa held. Typically, it requires five years of continuous residence, although certain visas allow for ILR application after three years. Different routes, such as the Five-year route, Ten-year route, or Accelerated Route to ILR, may apply depending on the visa category.

Five-year Route to ILR

In most cases, individuals can apply for ILR after five years on a qualifying visa. To qualify for ILR after five years, the applicant must have been living in the UK on a valid visa continuously during this period. Various visas qualify for ILR after five years, including work visas (e.g., Skilled Worker visa), business visas (e.g., Global Talent visa), and family visas (e.g., Spouse visa).

Ten-year Route to ILR

Another option for obtaining ILR is the Ten-year long-residence route. Under this route, individuals who have been living in the UK lawfully for at least ten continuous years can qualify for ILR, regardless of the type of visa held during that period.

Exemptions for ILR Application

Certain exemptions apply to specific situations, such as age or for individuals affected by domestic violence. These exemptions may allow for the waiving of some requirements for the ILR application, like the English language test or the Life in the UK test.

Applying for Indefinite Leave to Remain

To apply for ILR, the process includes:

1. Completing and submitting the correct online form.
2. Paying the ILR application fee.
3. Providing biometric information.
4. Submitting the necessary documentary evidence.

The Required Documents for an ILR Application 

• Passports
• Birth or adoption certificates for dependents
• Police registration certificates, if applicable
• Proof of income
• Evidence of passing the Life in the UK test
• Proof of English language proficiency

Timeline for ILR Application Decisions

Decisions on ILR applications usually take up to six months. For an additional fee, expedited processing is available, which can result in decisions being made within 1-2 working days or 5 working days, depending on the service selected.

The ILR 180-Day Rule

Applicants are required to comply with the ILR 180-day rule. This rule restricts applicants from spending 180 days or more outside the UK in any 12-month period leading up to their ILR application.

ILR for Dependents

Dependent family members, including spouses, partners, and children, are also eligible to apply for ILR, subject to meeting the necessary residency and other criteria. Proof of sufficient maintenance funds is also required for each dependent.

British Citizenship After Indefinite Leave to Remain

Individuals who have held ILR status for at least one year may pursue British citizenship. Becoming a British citizen confers additional rights, such as eligibility to apply for a British passport and the right to vote in national elections.

Refusal of an ILR Application

In cases where an ILR application is refused, individuals may seek to appeal the decision through judicial review or administrative review. Refusals often occur due to reasons such as criminality, submission of false information, or failure to meet the necessary eligibility criteria.