Indefinite Leave to Remain (ILR), also known as “settlement,” is an immigration status granted to non-British citizens who have lived in the UK for a specific period of time. With ILR, individuals can reside in the UK without any time restrictions, allowing them to live, work, and study without limitations.
ILR is a significant milestone for those seeking to establish a permanent presence in the UK. It offers numerous benefits, including the ability to work in any business or profession, access to public funds and benefits, and the opportunity to apply for British citizenship after holding ILR for at least 12 months.
Eligibility Requirements for ILR
The eligibility criteria for ILR vary depending on the applicant’s visa category and personal circumstances. However, there are some general requirements that most applicants must meet:
Continuous residence in the UK: Applicants must have lived in the UK for a specific period, typically ranging from 2 to 10 years, depending on their visa category. The most common route requires 5 years of continuous residence.
No breaches of immigration laws: Applicants must not have violated any immigration laws during their stay in the UK and must have a clean criminal record.
Limited time spent outside the UK: Applicants must not have spent more than 180 days outside the UK in any 12-month period during their qualifying period.
Passing the Life in the UK Test: Applicants must demonstrate their knowledge of British culture, history, and traditions by passing the Life in the UK Test.
Meeting the English language requirement: Applicants must prove their proficiency in English language at the B1 level or higher, as set out by the Common European Framework of Reference for Languages (CEFR).
Routes to Indefinite Leave to Remain
There are several visa categories that can lead to ILR, depending on the applicant’s circumstances. Some of the most common routes include:
Family Visa: Applicants who are partners, parents, or children of a person settled in the UK or a British citizen may be eligible for ILR after 2 to 5 years, depending on when their initial visa was granted.
Work Visa: Applicants who have held a work visa, such as the Skilled Worker Visa, Global Talent Visa, or Innovator Visa, may be eligible for ILR after 3 to 5 years, depending on their visa category.
UK Ancestry Visa: Commonwealth citizens who have a grandparent born in the UK may be eligible for ILR after 5 years.
Long Residence: Applicants who have lived in the UK for at least 10 years (if over 18) or 7 years (if under 18) may be eligible for ILR under the Long Residence category.
Applying for Indefinite Leave to Remain
To apply for ILR, applicants must complete the relevant form (Set (M) or Set (O)) and submit it to the Home Office, along with the required supporting documents. These documents typically include:
- Valid passport(s)
- Biometric residence permit
- Proof of continuous residence in the UK
- Financial evidence (if applicable)
- Proof of English language proficiency
- Life in the UK Test pass certificate
- Other supporting documents relevant to the applicant’s visa category
It is crucial to ensure that all the required documents are provided and that the application is submitted within the specified timeframe, as applying too early may result in a refusal.
see also: What Visa Do I Need to Study in the UK?
Fees and Processing Times
The current application fee for ILR is £2,885 per applicant. Additional costs may include biometric appointments, priority processing services, and legal fees if the applicant seeks professional assistance.
The standard processing time for ILR applications is 6 months. However, applicants may be able to pay an additional fee to receive a faster decision through the priority service.
Maintaining ILR Status
Once granted, ILR status allows individuals to live in the UK without any time restrictions. However, it is important to note that ILR status may be lost if:
Applicants spend more than 2 years outside the UK: Prolonged absences from the UK may lead to the loss of ILR status, although in some cases, applicants may be able to reapply.
Applicants commit a criminal offense: Committing a crime that could lead to deportation or for reasons of national security may result in the revocation of ILR status.
Applicants leave the UK and are granted leave to enter as a visitor: If an ILR holder leaves the UK and upon return is granted leave to enter as a visitor or for a limited period, they may lose their ILR status.
Applying for British Citizenship
After holding ILR for at least 12 months, individuals may be eligible to apply for British citizenship, subject to meeting the citizenship requirements. The process involves submitting an application, providing supporting documents, and attending a citizenship ceremony.
Conclusion
Indefinite Leave to Remain is a crucial step for non-British citizens seeking to establish a permanent presence in the UK. By meeting the eligibility requirements and navigating the application process, individuals can enjoy the benefits of living, working, and studying in the UK without restrictions.
It is essential for applicants to carefully review the specific requirements for their visa category, ensure that they meet the continuous residence criteria, and provide all the necessary supporting documents. Seeking professional legal advice can also help ensure a smooth application process and increase the chances of success.
