Indefinite Leave To Remain In The UK

Indefinite Leave to Remain (ILR) gives you the right to live and work permanently in the UK without immigration restrictions. On this page, we will explain everything you need to know about gaining Indefinite Leave to Remain in the UK if you want to become a person with a settled status.

If you plan to settle in the UK, Indefinite Leave to Remain (ILR) is for you. ILR will allow you and your family members to settle in the UK permanently without needing to apply for another visa to live, work, or study. You will also be able to access public funds and the National Health Service (NHS). ILR is the same as permanent residence (PR), meaning that you are no longer subject to the conditions of a visa. As such, your position in the UK, and that of your family, will be secure. Indefinite Leave to Remain is the ultimate aim for many who travel to the UK to live, work, or join family members, and it represents the last step before gaining British citizenship. So how do you gain an Indefinite Leave to Remain settlement visa in the UK? And what benefits does gaining an ILR visa give you in the long term? On this page, we will provide you with a guide on the most popular methods of gaining Indefinite Leave to Remain in the UK, the benefits, and plenty of other information that you may find useful in your journey to living permanently in the UK without being subject to immigration control.

Applying For ILR

You can apply for ILR after a set qualifying period in the UK. How soon you can make your ILR application depends on the immigration route you are following. In most cases, you will need to have held a valid visa for five years before you can apply for ILR. This applies to those on a Skilled Worker, UK Ancestry, Global Talent, Exceptional talent, Overseas Representative, family, and several other visa categories. Entrepreneur, Innovator, and Investor visa holders may be able to secure ILR after three years. There is also a two-year route to ILR for those who have invested £10m or more in the UK. See below for more details on the qualifying periods for ILR.

Indefinite Leave to Remain (ILR) Eligibility requirements for 2021

In order to gain Indefinite Leave to Remain in the UK, ILR applicants need to fulfil several criteria in addition to meeting the qualifying period for their chosen pathway. These ILR requirements are laid out below:

• You must be of good character
• You must have sufficient knowledge of Life in the UK (by passing the Life in the UK Test) And meet the English language proficiency at level B1 with a few exemption of some categories of persons
• You must not have spent 180 days or more outside of the UK in any 12-month period prior to your ILR application
• A Biometric Residence Permit (BRP) detailing your immigration status

Family members (i.e., spouse/partner and dependant children) will also need to meet the ILR dependant visa requirements. This means also meeting the continuous residence period, English language test, and Life in the UK Test requirements.

Does Indefinite Leave To Remain Expire?

While ILR allows you to remain in the UK permanently, it can be lost if you spend two or more years outside of the country. If you leave the UK for more than this time and wish to return, you will need to apply for a Returning Resident Visa before returning to the UK.

Supporting Documents Required For Indefinite Leave To Remain

When applying for Indefinite Leave to Remain UK, you will need to include several supporting documents. The documents you will be asked to provide will depend on your chosen visa category or route to ILR and your circumstances. It is essential that all documents requested for ILR applications be provided in the correct format to avoid the risk of delay or refusal. Some of the documents the Home Office may request include:

• Your current and any previous expired valid passport (during your time in the UK)
• Your immigration history (showing the dates of arrival and departure during the qualifying period)
• Two passport photos
• Birth certificates
• Marriage certificates
• Bank statements
• Your pass certificate for the Life in UK test
• Your pass certificate for your English language knowledge test

To ensure you have provided all of the documents needed to support your ILR application, consider engaging an immigration Solicitor who can check this for you.

How Long Does It Take To Gain Indefinite Leave To Remain In The UK?

Applicants must meet the qualifying period for ILR meaning that they can then stay permanently in the UK. When applying for the Indefinite Right to Remain, a qualifying period of two, three, five, or ten years will apply, depending on your circumstances.

Accelerated Routes To ILR (Two Or Three Years)

Depending on the visa held, it may be possible to gain ILR after two or three years. Innovator and entrepreneur visa holders may be able to apply after three years if they can prove they have sufficiently grown their business. Investor visa holders can apply after two or three years, depending on the level of investment made (see below for further details).

Five-Year Route To ILR

As discussed above, under the UK ILR rules, in the vast majority of cases, you will need to wait until you have been in the UK for five years on a visa that allows you to apply for Indefinite Leave to Remain (Spouse Visa, Skilled Worker Visa etc.).

To qualify for Indefinite Leave to Remain after five years, you must have been living in the UK on a valid visa continuously for this period. In some cases (e.g., Skilled Worker and Tier 2 routes), it may be possible to combine time in the UK on different visa types to meet the qualifying period of five years. If you are eligible and make a successful application, you will be granted your Indefinite Leave to Remain card.

Ten-Year Route To ILR

Another popular option for those who have been living in the UK for at least ten continuous years is the ILR long-residence route. Under the ten year long-residence route, it does not matter what type of visa you have held in order to qualify, as long as you have been living lawfully in the UK for this period of time.

UK Settlement Visa Routes

Innovator Visa To ILR

The UK Innovator Visa enables holders to set up and run an innovative business in the UK. In order to make a successful application, the business idea must be endorsed by an endorsing body in the UK. After three years, it is possible to extend the visa, or if eligible, apply for Indefinite to Remain.

Tier 1 Investor Visa To ILR

The Tier 1 Investor Visa is a fantastic option which is an accelerated route for individuals with a high net worth to move to Britain in order to invest. The criteria for those on a Tier 1 Investor Visa, where it is relevant to gaining Indefinite Leave to Remain, will depend upon their level of investable assets. While you will require a minimum of £2m in order to gain the visa in the first place, this will only entitle you to an initial period of three years and four months. If you have a higher level of investable assets, you will be able to reduce the time needed to wait for Indefinite Leave to Remain from the usual five years (initial three years, four months plus an extension). The two accelerated route options for gaining Indefinite Leave to Remain are as follows:

• apply to settle after three years if you invest £10 million
• apply to settle after three years if you invest £5 million

Skilled Worker Visa To ILR

The Skilled Worker visa (which replaced the Tier 2 General Work visa) is by far the UK’s most popular visa route. This is likely due to the easier nature of the eligibility criteria. Like the vast majority of the visas on this list, the time needed in the UK to gain Indefinite Leave to Remain from a Skilled Worker Visa is five years.

Spouse Visa To ILR

The Spouse Visa offers spouses or partners of British citizens and those with Indefinite Leave to Remain the opportunity to move to the UK to live and work. You will be given an initial period of 2.5 years which can be extended to get you to the five-year mark required. There is also the option to settle faster on a Spouse Visa if you have the visa, and one of the following happens:

• Your spouse or partner dies
• You are the victim of domestic violence

If you are in this situation, you will need the help of immigration lawyers for Legal advice such as ourselves to help present your case in order to give you a swift and favourable conclusion.

Benefits Of Gaining Indefinite Leave To Remain

The main benefit of gaining Indefinite Leave to Remain is the option to stay in the UK immigration status free from visa restrictions. Another significant benefit is that Indefinite Leave to Remain is a step on the way to British citizenship (i.e., you will be able to apply for a British passport) for those who desire it as a long-term goal. It also means that you will be able to access public funds and the healthcare system. Whatever your goals, our team of immigration solicitors will help you to achieve them. For more information on ILR applications or any other immigration subject, please call today, and our team will be more than happy to help get you started.

Indefinite Leave To Remain (ILR) Fees

As of 2021, the application fee for Indefinite Leave to Remain is £2,389. In addition, each dependant family member joining the main applicant in the UK (i.e., spouse/partner and children) will also need to pay an application fee of £2,389.

The standard processing time can take up to six months, however, a fast-track application service is available for those who would like a faster decision. For an additional £500, the priority service will ensure you receive a decision within five working days. For an additional £800, it is possible to secure a decision on your ILR visa decision the next working day by using the super-priority service.

How Long Can I Stay Outside The UK With Indefinite Leave To Remain?

While ILR will enable you to stay in the UK permanently, it is important to understand that you ILR status can be lost if you are absent from the UK for two years or more. If your ILR has lapsed due to a prolonged absence, you will need to make a returning residence application. If you are unsure of your rights and how to regain your ILR status, speak to an immigration Solicitor in the UK as soon as possible before you return.

Can A Permanent Residence (PR) Visa In The UK Be Revoked?

In addition of your ILR status being revoked after an absence of two years or more from the UK, permanent residence (PR) may also be lost due to:

• Committing a criminal offence or broken an immigration law
• Obtaining ILR by deception
• Posing a risk to national security
• Being deported from the UK
• no longer holding refugee status as a result of the holder’s own actions

ILR To British Citizenship

It is possible to apply for British citizenship after holding ILR status in the UK for 12 months or more. Under the EU Settlement Scheme the 'Settled Status' is also known as Indefinite Leave to Remain. Also, a spouse visa holder, can immediately apply to naturalise as a British Citizen once granted ILR. Generally, the main applicant must also:

• Be over 18
• Prove they were in the UK exactly five years before the day the Home Office receives their application
• Prove their knowledge of English, Welsh or Scottish Gaelic
• Have passed the Life in the UK test
• Intend to continue living in the UK
• Be of good character

How We Can Help Your ILR Application Process

At Reiss Edwards, our specialist team of ILR visa solicitors understand the complete process of ILR applications and the decision-making considerations and rules used by Home Office caseworkers. At the outset, we will take the time to understand your unique circumstances and those of your dependants to ensure that the approach taken gives you the optimal chance of receiving a timely positive decision on your ILR application.

We will front-load your application to ensure that all possible information and documents are provided and any potential questions which may arise are already answered and evidenced. This is an approach we have refined overtime to make the ILR application process as efficient and effective as possible. Our immigration lawyers will also go above and beyond to ensure your application is fully complete and accurate prior to submission. We also understand that you are relying on us to take the pressure from your shoulders and maximise your chance of success. This will allow you to focus on what matters to you; your family, work, and your personal Life.