Indefinite Leave to Remain: 2024 Guide

Indefinite Leave to Remain (ILR) is an immigration status within the United Kingdom, offering non-British citizens the opportunity to reside in the country without any time restrictions.

With indefinite leave to remain, you attain the right to live, work and study in the UK without restriction on time and activity, and you may also be able to be joined in the UK by eligible non-British family members.

ILR is highly sought after by those wishing to establish a permanent presence in the UK. Given the advantages of settling in the UK, the application process will require you to provide extensive documentation to evidence your eligibility. The ILR eligibility requirements are also strict, and applying the rules to your circumstances is not always straightforward.

But getting it wrong can result in issues, and may be grounds for a refused application if the Home Office determines you are not eligible, causing huge disappointment and resulting in a lost fee.

In this comprehensive guide to UK indefinite leave to remain, we set out the eligibility and process requirements for applicants, including practical tips on how to give your application the best chance of success.

 

Section A: What is Indefinite Leave to Remain?

 

Indefinite Leave to Remain (ILR) is a form of permanent residency granted by the UK government to individuals who have demonstrated a long-term commitment to living in the UK.

ILR allows individuals to live, work, and study in the UK indefinitely without the need for visa renewals. ILR holders can work in any business, profession or employment, including self-employment, can undertake any type of study, and apply for benefits, if eligible.

 

1. Benefits of ILR

 

ILR holders can live in the UK indefinitely without any time restrictions, providing long-term stability and security.

ILR status also encompasses work authorisation for the holder. This means once you have been granted ILR status, you do not need to apply for separate permission to work. In addition, any restrictions on the type of work you can do or limitations, such as working hours and salary levels, will no longer apply. You can also become self-employed or start a business.

ILR holders can access the National Health Service (NHS) and other public services on the same basis as British citizens, ensuring comprehensive healthcare and social support.

ILR holders are entitled to the same educational opportunities as UK citizens, including access to state schools and universities. They may also qualify for student loans and grants.

In terms of family-related benefits, any child you have in the UK while you have valid ILR status will automatically be a British citizen. ILR holders may also be joined by eligible non-British family members in the UK.

Finally, and perhaps most importantly, Indefinite Leave to Remain is a key prerequisite for applying for British citizenship.

 

2. Immigration Routes Leading to ILR

 

Not all visas provide a route to ILR. Visa routes that qualify for UK ILR include the following:

 

a. ILR based on a Work visa

 

1. Tier 2, T2, International Sportsperson or Skilled Worker visa

2. Scale-up Worker visa

3. Global Talent visa, Tier 1 visa or Investor visa

4. Innovator Founder visa

5. Representative of an overseas business

6. Turkish Worker or Businessperson visa

7. Private servant in a diplomatic household with an International Agreement visa or a domestic worker

 

b. ILR based on Family

 

It may be possible to be eligible for UK ILR on the basis of a family relationship with someone who is either a British citizen or has UK settled status. Eligible routes include:

 

1. Spouse visa (partner visa)

2. Parent visa

3. Child dependent visa

4. Adult dependent relative visa

5. Private life route

6. If your partner is deceased

7. If your relationship has ended due to domestic violence

 

c. ILR based on Nationality

 

Ancestry visa holders can become eligible for ILR after 5 years in the UK.
Commonwealth citizens with the Right of Abode in the UK are able to live and work in the UK free from immigration restrictions and may be eligible for citizenship.

 

d. ILR based on Long Residence

 

Another way to qualify for ILR is through the long residence route. If you have at least ten years of continuous, lawful residence, you may be eligible to settle.

 

e. Other Routes

 

Additional routes to UK settlement include:

 

1. Discretionary leave

2. Status as a refugee or humanitarian protection

3. Returning residents who have previously held ILR are a refugee or have humanitarian protection or Discretionary Leave

4. Armed forces personnel

 

3. How Long is Indefinite Leave to Remain Valid?

 

Indefinite leave to remain is without time limit but can be lost if the holder is out of the UK for more than two years, or can be revoked for reasons of national security or if the holder is being deported following a conviction.

 

4. Distinction between ILR and Other UK Visas and Residency Statuses

 

Indefinite Leave to Remain is distinct from other immigration categories and statuses in the following ways:

 

a. Temporary Visas

Temporary visas, such as the Skilled Worker visa, Student visas, or Family visas, are typically issued as leave to remain for a specific period and purpose. These visas often require renewal and are subject to various restrictions, such as limitations on work or study. In contrast, ILR provides permanent residency without the need for periodic renewals and fewer restrictions on activities within the UK.

 

b. Settlement Visas

Settlement visas are designed for individuals who intend to live in the UK permanently, such as Spouse or Partner Visas. While these visas can lead to ILR, they initially come with time limits and conditions. Achieving ILR removes these limitations and grants indefinite residency.

 

c. British Citizenship

There are several differences in rights and status between indefinite leave to remain and British citizenship. The eligibility requirements and application process also differ between ILR and naturalisation as a British citizen.

ILR is a prerequisite for those wishing to apply to naturalise as British citizens. Before you can apply to naturalise, you need to have held ILR status for at least one year unless you are married to a UK resident or citizen, in which case you do not have to wait the 12-month period to apply.

While ILR allows permanent residency and most of the rights of a British citizen, including access to public services and the ability to work without restrictions, it does not grant the right to vote in national elections or hold a British passport. Citizenship provides these additional rights and responsibilities.

In addition, ILR status can be lost, for example, if the individual has been absent from the UK for more than 2 years or, in certain circumstances, revoked.

 

d. EU Settled Status

Following Brexit, the EU Settlement Scheme was introduced for EU, EEA, and Swiss citizens residing in the UK prior to 31 December 2020. Settled status under this scheme is equivalent to ILR, offering similar rights and benefits. However, the application process and eligibility criteria are different and the EU settlement scheme is now closed to most new applicants. EU citizens who came to the UK after 1 January 2021 who become eligible for settlement should apply for ILR.

 

e. EU Permanent Residence

Permanent residence was effectively replaced by EU Settled Status. Prior to the introduction of the EU settlement scheme, EU nationals applied for a permanent residence card to prove they had obtained the five-year residence, which could then be relied on when applying to naturalise as a British citizen.

 

f. Right of Abode

The right of abode and ILR both grant qualifying individuals the right to live in the UK free from immigration control and restrictions. However, the right of abode applies only to British citizens and qualifying Commonwealth nationals.

 

g. Further Leave to Remain

If you are in the UK under a visa but are not yet eligible for ILR, you might be able to extend your current visa by applying for Further Leave to Remain. Further Leave to Remain is only available to those on certain visa categories, such as the Spouse visa, and grants an additional period of temporary leave. This typically means that after a period of Further Leave to Remain, the individual becomes eligible to apply for ILR.

 

5. Differences Between Limited, Further and Indefinite Leave to Remain

 

Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and to remain here until their visa expires. Under limited leave to remain, you will have to meet the conditions of your visa throughout your stay, such as having a valid certificate of sponsorship if you have a Skilled Worker visa and having no recourse to public funds while in the UK.

Limited leave to remain requires you to depart the UK at the end of the specified visa period or to make a further application to the Home Office to retain lawful status. Depending on your circumstances and eligibility, this could mean applying for further leave to remain through a visa extension or indefinite leave to remain.

Limited leave to remain allows you to stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK.

There are, however, other differences that go beyond time restrictions. Limited leave to remain is usually granted on the condition that you maintain and accommodate yourself and any dependants without recourse to public funds. This means that for the duration of your stay in the UK, you are likely to be excluded from any welfare benefits, as well as most forms of local authority housing and homelessness assistance.

As the holder of limited leave to remain, other conditions may also be imposed as part of your permission to remain in the UK, including, for example, a condition restricting your employment or your studies.
In contrast, ILR holders will be free from immigration restrictions, and will broadly have the same rights and entitlements to services and welfare benefits as a UK citizen.

 

Section B: Indefinite Leave to Remain (ILR) Requirements

 

ILR is not automatically granted. Strict eligibility criteria must be met and evidenced as part of the formal Home Office application process, which includes completing the relevant form and submitting supporting documentation.

The requirements to be eligible for ILR are as follows:

 

a. Residence Requirement: Living lawfully in the UK for the relevant minimum period of continuous residence, which depends on your current immigration route.

b. Absence Limit: Spending no more than 180 days in a 12-month period outside the UK during the qualifying residency period.

c. English Language Proficiency: Proving sufficient knowledge of the English language, to the standard of at least B1 English proficiency as required by the Common European Framework of Languages.

d. Life in the UK test: Passing the Life in the UK test.

e. Good Character Requirement: Having no criminal record or violations of immigration regulations during your stay in the UK.

f. Visa-Specific Requirements: Certain visa categories impose specific criteria on visa holders applying for ILR, such as the Skilled Worker and Scale Up visa minimum salary thresholds.

Applying for ILR involves a commitment to respect the laws, values and traditions of the UK. Your knowledge of the English language and life in the UK forms an integral part of this commitment. This is known as the KoLL condition. These two parts can be broken down as follows: knowledge of English language, and knowledge of life in the UK.

All those applying for indefinite leave to remain under a route which requires KoLL, must meet both parts of the condition, unless they are exempt.

 

1. UK Continuous Residence Requirement

 

Your current immigration status will determine the length of continuous period required for ILR eligibility, as specified under Appendix Continuous Residence. Continuous residence means that the applicant has been physically present in the UK for the entire qualifying period.

When you can apply for Indefinite Leave to Remain depends on the type of visa you currently hold:

 

Current category	Qualifying ILR period
Spouse or civil partner of a British Citizen or person settled in the UK visa	After 5 years where the relationship is genuine and subsisting
Unmarried partner	After 5 years where the relationship is genuine and subsisting
EEA Family Permit	After 5 years
UK Ancestry visa	After 5 years
Innovator route	After 3 years
Tier 1 (Investor) visa	After 2, 3 or 5 years depending on level of investment
Tier 1 (Entrepreneur)	After 3 or 5  years depending on the business activity
Global Talent and Tier 1 (Exceptional Talent) visa	After 3 years
Skilled Worker visa and Tier 2 (General)	After 5 years
PBS visa dependants	After 5 years
Retired Person visa	After 5 years
Discretionary Leave to Remain	After 6 years
Long residence	After 10 years continuous legal residency in the UK
Returning resident	If settled in the UK prior to departure and returning to the UK within 3 years of departure, then may be able to apply immediately on return
Turkish worker or businessperson	After 5 years
Domestic Worker in a Private Household	After 5 Years

 

 

ILR will be refused if the applicant does not meet the continuous period requirement set out in the Immigration Rules.

Time spent in the UK on certain short-term visas or while awaiting a visa decision does not count towards continuous residence.

You do not automatically qualify for ILR on completion of your continuous period of lawful residence in the UK. You must submit an application for ILR to the Home Office to determine your eligibility.

You are allowed to submit your ILR application up to 28 days before you will attain the qualifying period of continuous residence.

 

DMS PERSPECTIVE:

The time between your entry clearance being issued and your entry into the UK can be included in the qualifying period as long as it does not exceed 90 days. If exceeded, none of the days after the 90-day limit will be counted towards the qualifying period.

 

a. Qualifying Periods

The majority of ILR applications are through routes that require 5 years with lawful status and residence. You must have lived in the UK continuously for five years on a valid visa to be eligible for Indefinite Leave to Remain.

 

DMS PERSPECTIVE:

In some cases, it is possible to combine time spent in the UK on several visa types to reach the five-year requirement for some visas, such as the skilled worker and Tier 2 routes. We can advise on your circumstances.

If you have changed from a different type of visa, you may need to provide proof of more than five years of residency. If the category switch is deemed to have “reset the clock,” you will need to accrue a further five years in the UK on your new visa, depending on the sort of visa you switched from and to (i.e. the time you have already been in the UK may not count towards ILR).

 

The ILR long-residence route may be available for those who have lived in the UK for at least 10 consecutive years. You can qualify for the ten-year long-residence route regardless of the type of visa you’ve held ,as long as you have been residing legally in the UK during that time.

Accelerated ILR may be available to some visa holders under certain business routes after only 2 or 3 years, such as under the Global Talent visa. Eligibility for fast-tracked ILR will depend on certain conditions being met. For example, if a holder of a Global Talent visa has received recognition as an extraordinary talent by the British Academy, the Royal Academy of Engineering, the Royal Society, UK Research and Innovation, the Arts Council England, or Tech Nation, they may apply for ILR after three years.

 

b. Calculating Continuous Residence

Evidencing that you meet the residency requirement by calculating your continuous period and absences from the UK is not always straightforward. We recommend taking professional advice to ensure you are in compliance with this stringent eligibility requirement.

The continuous period requirement is the minimum amount of time you must spend either in employment or active in the UK economy before being eligible to qualify for ILR. This involves calculating how many days absence from the UK you have accrued.

Importantly, for the full duration of the period, you must have held valid leave to enter or remain.

To calculate the relevant qualifying period, count backwards from whichever of the following is most beneficial to you: the date of application; the date of decision; or any date up to 28 days after the date of application.

2. ILR Absence Rule

 

Absences from the UK totalling over 180 days during any one 12-month period of your qualifying period may render you ineligible for ILR by way of ‘excessive absence’ – effectively resetting the clock on your residence.

In your application, you will need to provide reasons and evidence for all of your absences. Some absences will not be considered as ‘breaking’ continuity and, as such, will not affect your continuous period or reset the clock, including the period between the issue of your entry clearance and entering the UK and part-day absences – only whole days (i.e. the full 24 hours) out of the country are counted.

Absences that are linked to your stay in the UK must be consistent with and connected to your sponsored and permitted employment in the UK. This also includes any paid annual leave stemming from your employment. This category is judged on a case-by-case basis, and absences should be in line with the UK annual leave entitlement for settled workers.

Absences that are a result of employment, whether it is related to your job in the UK or not, will count towards the 180-day limit each year.

Many applicants believe business-related travel does not count towards the permitted 180 days outside the UK when qualifying for Indefinite Leave to Remain. This is not the case. The 180 days include all international travel, including business-related travel as well as personal travel.

Absences connected with employment outside the UK, where the UK employment is secondary, are not permitted absences and constitute broken residence period.

Any time spent working offshore on the UK continental shelf, beyond the 12 nautical mile zone defined as UK territorial waters, does not count toward the continuous qualifying period for ILR, for example, on ships or oil rigs. You must count this as an absence from the UK.

The 180-day absence rule also applies to dependants applying for ILR, except for children.

Exceeding the number of absences allowed would mean the continuous residence period is broken, and therefore, disqualification from being eligible for settlement.

Exceptional circumstances, such as serious illness or employment that requires travel, may be considered on a case-by-case basis, and advice should be sought before proceeding with your application. To make a request for absences to be exempted on serious or compelling grounds, you will need to provide evidence to support your assertion.

 

DMS PERSPECTIVE:

If you intend to apply for ILR and are concerned about your time out of the UK, it’s advisable to take steps where possible to plan, manage and reduce time spent out of the country: avoiding non-essential trips, reducing leisure travel if business demands cannot be reduced, or postponing travel until after ILR has been secured. Keep contemporaneous records of your travel dates and destinations; you will need this information for your application, and it has to be accurate.

If absences relate to your employment, obtain a letter from your employer which sets out the reasons for the absences, as well as your annual leave entitlement. Where you have taken short visits outside the UK, evidence from the employer should be provided confirming your normal working pattern and proof that the absences occurred during a non-working period.

 

 

3. English Language Requirement

 

A further requirement for ILR is to prove your knowledge of the English language is at the required standard. For ILR, there are numerous ways to prove you meet the English language requirement.

In most cases, ILR applicants will need to show they have passed a Secure English Language Test (SELT) that certifies them as speaking and listening in English at a level B1 or higher. If you have already passed an approved test as part of a previous visa application, you should be able to rely on this for your ILR application.

Alternatively, if you have a degree taught in English, you may satisfy the speaking and listening portion of the knowledge of language requirement, provided your qualification was earned while studying or researching English. You can only rely on English for Speakers of Other Languages (ESOL) qualifications that are Home Office approved.

You will need an Academic Qualification Level Statement (AQUALS) from Ecctis (formerly UK NARIC ) recognising the degree as being comparable to a bachelor’s, master’s, or PhD in the UK or the degree must either have been earned in an English-speaking country with a majority or through study abroad.

You are exempt from the ILR English language requirement if you are a citizen of a nation where English is the primary language, which includes Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, Republic of Ireland (for citizenship only), St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, and The United States.

There are also other categories of applicant who may be exempt from the KoLL condition when applying for indefinite leave to remain, including victims of domestic violence, bereaved spouses or partners of someone present and settled in the UK, or retired persons of independent means.

 

4. Life in the UK Test

 

Most people applying for ILR aged between 18 and 64 will need to pass the Knowledge of Life in the UK Test. The test covers the history, politics and culture of the UK. It is a computer-based, multiple-choice exam and costs £50 to sit. You have to score 75% to pass. You can sit the tests as many times as you need to pass, though you will have to pay for each attempt. The test has to be booked online through the Home Office website. The test has to be taken at an authorised test centre.

Read our full guide to the Life in the UK Test.

 

5. Good Character Requirement

 

ILR applicants must disclose all convictions, both spent and unspent when applying to the Home Office.

Under the rules, criminal convictions, among other indicators that the applicant does not meet the good character requirement, can be a potential ground for refusal for indefinite leave to remain.

Whether you are eligible to apply to settle in the UK with a criminal record will depend on the specific circumstances.

 

DMS PERSPECTIVE:

To give you the best chance of success, we strongly advise discussing your case and any criminal convictions with our immigration specialists before completing your application.

 

6. Visa-Specific Criteria

 

Different visa routes may impose specific requirements on those looking to apply for ILR. For example, Skilled Worker visa holders must be able to show that they earn at least the minimum general salary level of £38,700 per year or the going rate for their occupation code, whichever is higher, at the time of their application.

Our specialists can advise on the route-specific criteria to be met.

 

Section C: Apply for Indefinite Leave to Remain (ILR)

 

Provided you are eligible and meet the relevant ILR requirements, you can make your ILR application to the Home Office.

 

DMS Perspective:

You may be able to apply for ILR earlier than you think. It is generally thought you can apply 28 days prior to the date you entered the UK, but this is not always the case. If you entered the UK within 3 months of your visa being issued, you might be eligible to apply 28 days prior to the issue date on the visa.

For example, if your entry clearance visa was issued on 1 November 2019, you entered the UK 30 December 2019; you could apply for naturalisation on 3 October 2024 provided you meet all the eligibility requirements.

 

 

1. ILR Application Form

 

To make an application for indefinite leave to remain, you will need to complete the relevant form and compile the supporting documents to submit to the Home Office. There are two forms for indefinite leave to remain: form Set (O) and form s.

The Set M form is for a partner, parent or child of a person who is already settled in the UK or a British citizen who wishes to apply for UK indefinite leave to remain (ILR), while Set O is for applicants in all other immigration categories including work visa holders and ancestry visa holders.

 

2. Step-by-Step Guide to the ILR Application Process

 

Step 1: Determine Eligibility

Ensure you meet the general eligibility requirements and specific criteria for your visa category. Check that you have completed the necessary continuous residence period without exceeding the allowed absences.

 

Step 2: Gather Required Documents

Compile all necessary documents and evidence to support your application (details provided below).

 

Step 3: Complete the Application Form

Fill out the appropriate ILR application form, which can be done online through the UK government’s website. Ensure all sections are completed accurately and truthfully.

 

Step 4: Book and Attend a Biometric Appointment

Schedule a biometric appointment at a UKVCAS centre to provide your fingerprints, photograph, and signature. Attend the appointment and retain the confirmation receipt.

You can also submit digital copies of supporting documents at this appointment, if they have not already been uploaded.

 

Step 5: Submit the Application

Submit the completed application form and pay the application fee online. Upload or mail the required supporting documents as specified.

 

Step 6: Wait for a Decision

After submission, the UK Visas and Immigration (UKVI) will review your application.

You may be contacted for additional information, or you may be invited to an interview if UKVI requires further details about you and your application.

 

Step 7: Receive the Decision

You will receive a decision letter via post or email. If approved, you will be issued a Biometric Residence Permit (BRP) confirming your ILR status.

 

3. Supporting Documents for ILR

 

As part of your ILR application, you will need to submit a number of supporting documents to prove your eligibility.

Typically, this would include:

 

a. Valid Passport and Previous Passports: Current passport and any previous passports covering your residence period.

b. Biometric Residence Permit: If you have one, include your current BRP.

c. Proof of Continuous Residence: Documents showing continuous residence in the UK, such as utility bills, tenancy agreements, and council tax bills.

d. Proof of English Language Proficiency: English language test certificate or proof of a degree taught in English.

e. Life in the UK Test Pass Certificate: Certificate confirming you have passed the Life in the UK Test.

f. Financial Evidence: Payslips, bank statements, or other financial documents proving you meet the financial requirements for your visa category.

g. Employment Documents (if applicable): Employer letters, contract of employment, and proof of salary (for work visas).

h. Relationship Evidence (if applicable): Marriage or civil partnership certificate, evidence of cohabitation, and documents proving a genuine relationship (for spouse or partner visas).

i. Criminal Record Certificate: Police clearance certificate from any country you have lived in for more than 12 months in the past 10 years.

j. Absence Records: Documents and travel records detailing time spent outside the UK during your residency.

Additional documents will also be required, depending on the type of visa you currently have, among other factors. For example, if you are applying for ILR as a Skilled Worker, you will need to provide details about your employment, while if you have an Ancestry visa, you will need to provide the birth and/or marriage certificates of your grandparents as proof of nationality. Unmarried partners have to show proof of cohabitation.

 

DMS PERSPECTIVE:  

ILR applications are commonly refused because of issues with the supporting documents – they may be incomplete, incorrectly formatted or insufficient to establish eligibility. We have in-depth insight into the type of documents caseworkers need to see to approve ILR status. To avoid delays or a refused application, contact us for advice on the documentation you should submit.

 

4. ILR Application Fees

 

The standard fee for an ILR application is £2,885 per applicant, including children.

Additional fees may apply for biometric appointments and premium processing services.

 

5. ILR Processing Times

 

Indefinite leave to remain applications typically take up to six months for a decision. ILR applications can take longer if the caseworker requests additional information or documentation. As such, it is advisable to ensure your submission and application are complete and correct to avoid potential delays in processing.

You may be able to pay for fast-tracked processing under the ILR priority and super priority services; you will be advised if these are available when you make your ILR application.

 

6. ILR Priority Processing

 

In some cases, fast-track processing of your ILR application may be available for an additional fee.

If you are eligible for premium processing, you will be advised when you submit your application. The options are priority processing and super priority processing.

 

a. ILR Priority Processing

Under the priority service, you should receive a decision within 5 working days. The five days start from either the day of your UKVCAS appointment or the next working day after you have uploaded all of your supporting documents through the UK Immigration: ID Check app. It costs £500, in addition to the ILR application fees.

 

b. ILR Super Priority Processing

Under the super priority service, you can receive a decision by the end of the next working day after your UKVCAS appointment or within 2 working days if your appointment is on a weekend. This service costs £1,000 in addition to the normal application fees.

For the purposes of processing times, working days are classed as Monday to Friday and do not include bank holidays. Super priority appointments at weekends are treated as having taken place on the next working day, i.e. the following Monday, or in the case of a bank holiday, the Tuesday.

 

Section D: ILR for Dependants

 

You may also apply for ILR on behalf of your dependent family members, such as your husband, partner, and children.

Dependents can include:

 

a. Partner – spouse, civil partner, or any romantic partner (partners must either be in a civil partnership or marriage or, if not, have been living together for at least 2 years)

b. Children that are younger than 18

c. Children who are above 18 and financially reliant on the primary visa holder
Additionally, they must meet the criteria for the Life in the UK test, the English language requirement where relevant, and the continuous residency requirement.

In most cases, family members can apply for ILR at the same time as the primary visa holder since they received their visas at the same time and for the same period. They may, however, have to wait until they attain the ILR qualifying time if they arrive in the UK later.

 

DMS PERSPECTIVE:

If a member of your family is ineligible for an ILR as a dependent, there may be alternative ways for them to live in the UK, such as the 10-year residency route. Take advice on your options.

Read our full guide to ILR for dependants.

 

Section E: ILR Application Tips

 

Applying for Indefinite Leave to Remain (ILR) is a complex process that requires careful attention to detail. To increase the likelihood of a successful application, you will want to avoid common mistakes, follow best practices, and understand the importance of seeking legal advice.

 

1. Common ILR Application Mistakes to Avoid

 

a. Incomplete or Incorrect Forms: Ensure all sections of the application form are completed accurately and truthfully. Double-check for any errors or omissions before submission.

b. Insufficient Supporting Documents: Failing to provide all necessary documents can lead to delays or refusals. Make sure to include every required document, such as proof of residence, financial evidence, and relationship proof.

c. Incorrect English Language Test: Taking an unapproved English language test or failing to meet the required level can result in rejection. Confirm that the test centre and test type are approved by UKVI.

d. Overlooking Continuous Residence Rules: Exceeding the permitted number of absences from the UK or not maintaining continuous residence can impact your application. Keep meticulous records of your travel history.

e. Ignoring Application Deadlines: Submit your application within the appropriate timeframe, typically before your current visa expires. Late applications can lead to legal issues and potential removal from the UK.

f. Inaccurate Financial Evidence: Ensure that your financial documents are up-to-date and clearly demonstrate your ability to meet financial requirements. Inconsistent or outdated financial information can cause problems.

 

2. Tips for a Successful ILR Application

 

a. Organise Your Documents: Create a checklist of all required documents and gather them well in advance. Use clear and logical order when submitting your documents to make it easy for the caseworker to review.

b. Keep Copies of Everything: Make copies of all submitted documents, including your application form, for your records. This helps in case of any queries or issues during processing.

c. Prepare for the Biometric Appointment: Schedule and attend your biometric appointment promptly. Bring all necessary identification and confirmation documents to avoid delays.

d. Pass the Life in the UK Test Early: Take the Life in the UK Test as soon as possible to ensure you pass and have the certificate ready for your application.

e. Maintain a Travel Log: Keep a detailed log of all your trips outside the UK, including dates and reasons for travel. This will help demonstrate compliance with continuous residence requirements.

f. Review the Latest Guidance: Regularly check the UKVI website for any updates or changes to the ILR application process, eligibility criteria, and required documents.

g. Provide Clear Evidence: Ensure that all your supporting documents are clear, legible, and translated into English if necessary. Certified translations should be provided for any non-English documents.

 

Section F: If your ILR Application is Approved

 

If the Home Office approves your ILR application, you will receive a notification confirming your new immigration status, meaning you can live, work, and study in the UK without time restrictions, access public services like the NHS, and enjoy many benefits similar to British citizens.

 

1. Proving ILR Status

 

While it is not mandatory to have a document proving your ILR status, it is generally advisable to have some form of official confirmation as it can make things easier in everyday life. For example, it should help avoid potential issues when entering the UK and can be used when proving your right to work in the UK to an employer.

Previously, the Home Office issued physical Biometric Residence Permit (BRP) cards to ILR holders. However, BRPs are being phased out and, under current plans, will no longer be valid until 31 December 2024. ILR holders, instead, will need to set up a UKVI account and access their eVisa as digital proof of their status. Your ILR status does not expire when your BRP expires, and your rights and entitlements as a permanent resident are unaffected.

Read our full guide to eVisas and proving digital immigration status here.

In some cases, your passport may have been stamped to confirm your ILR status, for example, an Indefinite Leave to Enter (ILR), Indefinite Leave to Enter (ILE) or NTL (No Time Limit) stamp.

You may also have been sent a letter from the Home Office stating that you hold the right to remain indefinitely in the UK.

EU Settled Status holders should use the Home Office online service to view and prove their status by generating a share code.

 

2. Maintaining ILR Status

 

While indefinite leave to remain is granted on a permanent and indefinite basis, there are circumstances where the status can be lost or withdrawn.

 

a. Loss of ILR

If you are out of the UK for a period of more than two years, your status will automatically lapse, and you will lose your ILR.

To return to the UK to settle after an absence of two years or more, you will need to apply for a Resident Return visa for your ILR status to be reinstated. You will need to make this application before you travel and attempt to re-enter the UK.

To be approved for a Returning Resident visa, you will need to explain your current circumstances and why you have been living outside the UK. This could be for a number of reasons, including to access health treatment overseas, to care for a family member, for the purposes of employment, or to study. You must also be able to show strong ties to the UK and that you genuinely intend to return for the purposes of settlement. The nature of your ties to the UK and the degree to which those ties have been maintained during your absence will be taken into account when assessing whether you should be readmitted as a returning resident. Such ties can include family, property and business ties, together with the length of your original residence and time spent overseas.

If you are travelling to the UK for a reason other than to resettle, you will have to apply for the appropriate visa.

There are exceptions to this 2-year rule, although these are limited. For example, you will retain your indefinite leave to remain status, even after two years of living continuously outside the UK, if you are a member of the British armed forces and have been posted overseas or your partner is a member of the forces and you have joined them on an overseas posting.

You will also still have your indefinite leave after two years outside the UK if your partner is a British citizen or settled in the UK, and either they or you work for certain UK government departments or the British Council. You or your partner must be either a permanent member of the Diplomatic Service, a UK-based British Council employee working overseas, a Foreign, Commonwealth and Development Office employee or a Home Office employee.

 

b. ILR Status Revoked

If you are deported from the UK, your indefinite leave to remain will be invalidated.

Additionally, your indefinite leave can also be withdrawn if you are liable to deportation, but you cannot be removed for certain legal reasons; you were granted indefinite leave as a refugee and cease to be a refugee, or are the dependant of someone who ceases to be a refugee, in specified circumstances; or you obtained indefinite leave to remain by deception.

Revocation of indefinite leave is not reliant on the ability of the Home Office to remove a person from the UK. This means that if you are liable to deportation but cannot be removed for legal reasons, your grant of indefinite leave to remain can still be revoked. A legal reason normally refers to where a person’s deportation would breach the UK’s obligations under the Refugee Convention or the European Convention on Human Rights.

In relation to refugee status, indefinite leave to remain may be revoked if a person ceases to be a refugee or if they are the dependant of someone who has ceased to be a refugee for a number of reasons. These reasons can include if you voluntarily avail yourself of the protection of your country of nationality, voluntarily reacquire a lost nationality, acquire the nationality of a country other than the UK and avail yourself of its protection, or voluntarily establish yourself in a country in respect of which you were a refugee.

Any person who obtains leave to remain by deception will be guilty of an offence. If you are convicted of obtaining leave by deception, it will have been proven to the criminal standard (beyond reasonable doubt). As such, there will be good reason to find that the evidentiary requirement in respect of revoking leave (balance of probabilities) has been met.

 

3. Applying for British Citizenship with ILR Status

 

Attaining UK settlement, such as through ILR, is an important prerequisite to naturalising as a British citizen.

You do not, however, automatically qualify for British citizenship with ILR. There are several other eligibility requirements you will need to prove that you meet through the naturalisation application.

In most cases, you will need to have held valid ILR status for 12 months before you can apply for British citizenship. The exception to this rule is for spouses of British settled persons or citizens who can apply to naturalise as soon as they are granted ILR; they do not need to have ILR for 12 months to be eligible for naturalisation.

Citizenship grants all the rights and responsibilities of a British national. British citizens can vote in all UK elections, stand for public office, and participate fully in the country’s political process, unlike ILR holders, who can only vote in local elections. Naturalised citizens are eligible for a British passport, facilitating easier international travel and consular support abroad.

Britain also allows dual nationality, meaning ILR holders can become British citizens without necessarily renouncing their original citizenship.

 

Section G: ILR Application Refused?

 

If your ILR application has been refused, while frustrating and disappointing, this does not necessarily mean that you will never attain indefinite status.

The first step will be to understand the grounds for refusal. These should be specified in the Home Office’s notification, for example, if there was an error in completing the form, if you paid an incorrect fee or if you were refused on discretionary grounds. These will determine the options open to you and help you address the issues in any future applications or appeals.

If you choose to make a new application, ensure your new submission addresses the previous grounds for refusal. If the rejection was due to missing or incorrect documentation, gather the required documents and ensure they meet the specified criteria. If it was due to eligibility issues, make sure you fully meet all requirements before reapplying.

Taking advice will ensure you take the best course of action.

 

Section H: Summary

 

Obtaining UK ILR is a significant milestone that offers benefits, including freedom to work and study, access to public services, and a pathway to British citizenship.

Applicants should ensure they meet the general and category-specific eligibility requirements, gather all necessary documentation, and follow the application process to avoid issues, delays or potential refusals.

Common challenges such as maintaining continuous residence, providing sufficient financial evidence, and passing the required tests can be managed effectively with thorough preparation and professional legal advice.

 

Section I: Need Assistance?

 

As UK immigration specialists, DavidsonMorris help individuals across all UK visa, settlement and immigration needs, including applications for indefinite leave to remain. We are highly experienced in supporting ILR applicants through the Home Office process, providing guidance on eligibility, compiling supporting documentation and liaising with the Home Office.

In particular, we have extensive expertise in complex ILR matters, such as time-sensitive applications, applications following a refusal and where there are issues relating to potential excessive absences or past criminal convictions.

If you have a query about your ILR application, contact us for expert advice.

 

Section J: FAQs on Indefinite Leave to Remain

 

What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK, allowing individuals to live, work, and study in the country without any time restrictions. It is a significant step towards British citizenship.

 

How long do I need to live in the UK before applying for ILR?
The required period of continuous residence typically ranges from 2 to 10 years, depending on your visa category. Most common routes require 5 years of continuous residence.

 

Can I apply for ILR before 28 days?

It may be possible to submit your ILR application up to 28 days before the end of your qualifying period. If you apply earlier, you will not be eligible and your application is likely to be refused. You will, however, need to ensure you apply you should apply before the end of your permitted stay in the UK.

 

What are the main eligibility criteria for ILR?
Eligibility criteria include a specific period of continuous residence in the UK, meeting the English language requirement, passing the Life in the UK Test, and having no breaches of immigration laws or criminal convictions.

 

What documents do I need to provide with my ILR application?
Required documents include your valid passport(s), biometric residence permit, proof of continuous residence, financial evidence, proof of English language proficiency, Life in the UK Test pass certificate, and other supporting documents relevant to your visa category.

 

What is the Life in the UK Test?
The Life in the UK Test is a mandatory test for ILR applicants that assesses your knowledge of British culture, history, and traditions. You must pass this test to demonstrate your integration into UK society.

 

How do I prove my English language proficiency?
You can prove your English language proficiency by passing an approved English language test at B1 level or higher or by providing evidence of a degree taught in English. Some applicants may be exempt from this requirement.

 

What are the fees for applying for ILR?
The standard application fee for ILR is £2,885. Additional costs may include biometric appointments, priority processing services, and legal fees if you seek professional assistance.

 

How long does it take to process an ILR application?
Standard processing times for ILR applications are typically within 6 months. Priority and super priority services are available for faster processing at an additional cost, often providing a decision within 5 working days or 24 hours, respectively.

 

What happens if my ILR application is rejected?
If your ILR application is rejected, you will receive a decision letter explaining the reasons. You can address these issues and reapply, or you may appeal the decision if you believe it was made in error. Seeking professional legal advice can help navigate the next steps.

 

Can I travel outside the UK while my ILR application is being processed?
It is generally advised not to travel outside the UK while your ILR application is pending. Leaving the UK during this time can potentially affect your application.

 

How long can I stay outside the UK without losing my ILR status?
ILR holders should not spend more than 2 consecutive years outside the UK to maintain their ILR status. Extended absences may result in losing your ILR and requiring a Returning Resident visa to re-enter the UK.

 

How does ILR lead to British citizenship?
After holding ILR for 12 months, you may be eligible to apply for British citizenship through naturalisation, provided you meet other criteria, such as residency requirements and demonstrating good character.

 

Can my family members apply for ILR?
Yes, eligible family members can apply for ILR as dependents. They must meet specific criteria related to their relationship with you and continuous residence in the UK.

 

What is the seven year ILR rule?
The 7-year indefinite leave to remain (ILR) rule is where a child born in the UK who lives in the UK continuously up to the age of at least 7 will qualify for settlement on the basis of private life.

 

Do I need legal advice to apply for ILR?
While not mandatory, seeking legal advice can be highly beneficial. Immigration solicitors or advisors can help ensure your application is complete, accurate, and has the best chance of success.

 

Section K: Glossary

 

Indefinite Leave to Remain (ILR): A form of permanent residency in the UK, allowing individuals to live, work, and study without time restrictions.

Continuous Residence: The period of time an applicant must have continuously lived in the UK to be eligible for ILR, with specific rules on allowable absences.

Biometric Residence Permit (BRP): A card that contains personal information and biometric data confirming the holder’s immigration status in the UK.

English Language Proficiency: The requirement to demonstrate sufficient knowledge of English, typically through an approved test or a degree taught in English.

Life in the UK Test: A mandatory test for ILR applicants assessing knowledge of British culture, history, and traditions.

Good Character Requirement: A criterion for ILR that involves having no criminal record and no breaches of immigration laws.
Financial Evidence: Documents such as payslips, bank statements, and tax returns that demonstrate the applicant meets financial requirements for ILR.

Absence Limit: The maximum number of days an ILR applicant can spend outside the UK during their qualifying period, typically no more than 180 days in any 12-month period.

Settlement Visa: A visa category for individuals intending to live permanently in the UK, which can lead to ILR.

Pathway to British Citizenship: The process through which ILR holders can apply for British citizenship, usually after holding ILR for 12 months and meeting other criteria.

National Health Service (NHS): The publicly funded healthcare system in the UK, which ILR holders can access on the same basis as British citizens.

UK Visas and Immigration (UKVI): The government department responsible for managing the UK’s immigration system, including ILR applications.

Legal Advice: Professional guidance from immigration solicitors or advisors to help applicants navigate the ILR process and address any legal issues.

Priority Processing Service: A service that expedites the ILR application process, providing a decision faster than the standard processing time.

Appeal: The process of challenging a refusal decision on an ILR application, typically involving legal representation and submission of additional evidence.

Sponsor: A British citizen or settled person who supports an ILR application, usually for family members or dependents.
Dependant: A family member, such as a spouse or child, who relies on the main applicant for support and may apply for ILR as a dependent.

 

Section L: Additional Resources

 

UK Government – Indefinite Leave to Remain: Guidance
https://www.gov.uk/indefinite-leave-to-remain
Comprehensive official guidance on eligibility, application processes, and requirements for ILR.

 

Home Office – Immigration Rules
https://www.gov.uk/guidance/immigration-rules
The official rules and regulations governing UK immigration, including ILR.

 

Life in the UK Test – Official Study Guide
https://www.gov.uk/life-in-the-uk-test
Official resources for preparing for and booking the Life in the UK Test.

 

IELTS for UKVI – Approved English Language Tests
https://www.ielts.org/for-test-takers/uk-visas-and-immigration
Information on approved English language tests for UK visas and immigration purposes.

 

National Academic Recognition Information Centre (NARIC) – Degree Equivalency
https://www.enic.org.uk
Services for verifying international academic qualifications in comparison to UK standards.

 

British Council – IELTS Information
https://www.britishcouncil.org/exam/ielts/uk-visa-immigration
Information on IELTS tests, preparation resources, and how it applies to UK immigration.