ILR Application

ILR Application

A successful ILR application grants an applicant the right to live and work in the UK without any immigration restrictions.

Securing Indefinite Leave to Remain, or Permanent Residence, also entitles holders to subsequently apply for naturalisation.

EEA nationals and their family members are required first to make a formal application to confirm their status as permanently resident in the UK before they can apply for British Citizenship.

The qualifying criteria for Indefinite Leave to Remain are strict. They are dependent on your current UK visa type, and how long you have been resident in the UK for. Processing times also vary greatly depending on your visa class.

As such it is important to understand the requirements for Indefinite Leave to Remain, for you and any dependants, as well as the supporting documents you will need to submit as part of your ILR application.

Given the complexity of the different access routes to Indefinite Leave to Remain, and with so much at stake for you and your future, it is important to seek legal advice early on the options open to you for your specific circumstances, to avoid delays and errors, and to ensure your case is effectively represented to UKVI.

We are the UK’s leading immigration law firm for ILR applications

DavidsonMorris is a leading UK immigration law firm specialising in ILR applications.

Many websites on the internet offering immigration services are unregulated management companies or intermediaries that sell on your details to third parties.

DavidsonMorris is fully regulated by the Law Society of England and Wales and is a registered member of the Immigration Law Practitioners’ Association.

For a fast & professional service – contact DavidsonMorris

You can contact us if you are seeking legal help in relation to your ILR application. Our legal team will provide you with a professional, friendly, reliable service to avoid any issues or delays with your application.

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Am I eligible for ILR?

Qualification criteria vary depending on the type of visa status you have held in the UK, with some operating on a points-based system.

When you can apply for Indefinite leave to Remain depends on the visa held:

  • Partner of a British Citizen or Person settled in the UK visa: after two years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012
  • Tier 1 visa: after five years
  • Tier 2 visa: in limited circumstances only, after five years
  • UK ancestry visa: after five years
  • Retired Person visa: after five years
  • EU nationals and dependants: after 5 years
  • Discretionary Leave to Remain: six years
  • Long residence: after ten years continuous legal residency in the UK
  • Returning resident: if settled in the UK prior to departure and returning to the UK within two years of departure, then may be able to apply immediately on return

What will I need to show in my ILR Application? 

If you are aged between 18 and 64 then as part of your ILR application you will need to:

How long does ILR status last? Will I have to make another ILR application in the future? 

There is no time limit on Indefinite Leave to Remain in the UK.

Note however that the status can be lost. For example, you should avoid spending periods of more than two years outside the UK as this may lead to the loss of Indefinite Leave to Remain. It may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.

How long does the ILR application process take? 

Postal applications for Indefinite Leave to Remain can take up to six months to be processed and completed, during which time you will need to surrender your passport. Appointments are available for a same-day decision, the waiting time for this is between four to six weeks.

When can I make an ILR application? 

You can apply for ILR under all categories within 28 days before the end of your ‘qualifying period’ of (lawful) continuous residency in the UK, but no sooner.

Can my dependants make an ILR application? 

You are able to include dependants, such as spouses and partners and children under 18, within your main ILR application, provided they hold dependant visas.

Separate ‘main’ visas, such as a spouse with their own Tier 2 visa, cannot be included.

Spouses and partners of British citizens and of UK permanent residents can apply after 2 years on a spouse or partner visa provided their first spouse or partner visa was issued before 9 July 2012. Spouse and partner visas issued after 9 July 2012 have a longer qualifying period of 5 years, meaning the first applications will be eligible in July 2017.

Non-UK born children can only apply if both parents have or are applying for ILR.

UK-born children do not need to apply for ILR. They can be registered as British once both parents have ILR.

How much does an ILR application cost? 

Current fee (as at May 2018) for the ILR Application is £2389.

I don’t qualify yet for ILR, what are my options to extend my stay in the UK? 

If you do not yet qualify for ILR you may be able to extend your existing visa temporarily – ‘Further Leave to Remain’. This will depend on your current visa class.

You must however make your application to extend your stay before your existing permission expires.

Other points to note about the ILR Application

  • Your settled status may be lost if you have lived abroad for a continuous period of 2 years or more.
  • Across all visa types you will need to be free of any unspent convictions to make an ILR application.
  • As part of your ILR application you will need to provide biometric information (fingerprints and facial image) and obtain a biometric residence permit to confirm your immigration status and entitlements.