Indefinite leave to remain

Are you looking to settle in the UK permanently? Indefinite leave to remain (ILR) is the immigration status that allows you to do so.

Whether you've been residing in the UK on a spouse visa, work visa, or any other route, indefinite leave to remain may be your ultimate goal.

In this comprehensive guide, we will explore the details of indefinite leave to remain and answer some of your burning questions.

Before we explore the intricacies of indefinite leave to remain, let's first understand what it is.

What is indefinite leave to remain?

Indefinite leave to remain is an immigration status in the United Kingdom that allows you to live and work in the country without any restrictions. It grants you settlement status, which means you are no longer subject to immigration restrictions.

Indefinite leave to remain provides you with the freedom to live and work in the UK indefinitely, without any time limitations. This means that you can enjoy the same rights and benefits as British citizens, such as access to public services and healthcare.

How can I get indefinite leave to remain? Different routes to obtaining ILR

Indefinite leave to remain is not granted automatically and there are various routes to obtaining it, each with its own requirements. The most common routes are through employment, certain visa categories, marriage or civil partnership and long residence.

Visa categories

If you have a work visa in the UK, you may be eligible for indefinite leave to remain. Usually, you must have lived and worked in the UK for five years. However, if you have a tier 1 visa, it can be two or three years. An Innovator Founder visa or Global Talent visa can apply after three years.

You may also need to meet the salary or financial requirements, which will depend on your visa.

If you meet the requirements and have been continuously employed in the UK for a specified period, you may be eligible to apply for ILR through this route.

Marriage or civil partnership

If you are married to or in a civil partnership with a British citizen or person with settled status, the partner route may be an option. To qualify for the partner route, you will need to demonstrate that you are in a genuine and subsisting relationship.

Long residence

If you have been living in the UK for an extended period, the long residence route may be applicable. This route is for those who have legally resided in the UK for at least 10 years and can demonstrate strong ties to the country.

It requires providing evidence of continuous residence, good character, and knowledge of the English language and life in the UK.

The differences between Limited, Further and ILR

Limited – UK visa holders approved to enter UK to remain until visa expired, throughout stay likely to be excluded from welfare benefits.

Further- when not yet eligible for ILR, may be able to extend by applying for further leave to remain

The benefits of indefinite leave to remain

Indefinite leave to remain offers a sense of security and stability that temporary visas do not provide.

With ILR, you no longer need to worry about renewing visas or meeting ongoing immigration requirements. You have the freedom to pursue your personal and professional goals without interruption.

Indefinite leave to remain can also pave the way towards British citizenship.

Once you have lived in the UK for at least five years and held indefinite leave to remain for at least a year, you are eligible to apply for naturalisation and become a British citizen, although you do not need to wait a year if you’re married to a British citizen.

Meeting the requirements for indefinite leave to remain

To obtain indefinite leave to remain, you will need to meet specific criteria set by the UK government. While the requirements may vary depending on the route you are taking, there are some key criteria that are applicable to most ILR applications.

English language test

One of the main requirements for ILR is demonstrating sufficient knowledge of the English language. You can prove this through an approved English language test or by having obtained a relevant qualification in the UK.

There are a limited number of exceptions. You will not need to prove your knowledge of English if either of the following apply:

• You have a long-term physical or mental condition
• You come from a majority English-speaking country

The 180-day rule

Another requirement is the 180-day rule, which means that you must not have been absent from the UK for more than 180 days in any 12-month period during the qualifying period. You should maintain accurate records of your travel dates so that you can prove compliance with this requirement.

How to apply for indefinite leave to remain

The process of applying for indefinite leave to remain can be complex, but we hope that the information above will have helped provide some clarity and prepared you to apply.

If you're ready to apply, we have provided a step-by-step guide to the ILR application process below. If you still feel that you need further advice, please contact our immigration solicitors, who can help you make sure that you get it right.

A step-by-step guide to indefinite leave to remain applications

1. Determine the appropriate route: identify the most suitable route for your ILR application based on your circumstances.
   
   
2. Gather required documents: collect all necessary documents. We have outlined some of the documents you may need below.
   
   
3. Complete the application form: fill out the indefinite leave to remain application form accurately, providing all requested information.
   
   
4. Pay the application fees: submit the required fees and your application form.
   
   
5. Book an appointment: arrange an appointment with TLScontact.
   
   
6. Attend the appointment: attend the scheduled appointment to have your fingerprints and photograph taken.
   
   
7. Await a decision: once you have submitted your application, wait to receive a decision on your ILR status.

Essential documents

Failing to provide the correct documents is a common reason for failed ILR applications. You should provide all of the following documents that are relevant to your application:

• Valid passports and travel documents
• Visa and immigration history
• Evidence of residence in the UK
• English language test certificates
• Proof of financial requirement(s)
• Life in the UK pass certificate
• Employment documents (if applicable)
• Marriage or civil partnership certificate (if applicable)

How long does it take to get a decision on ILR?

In our experience, it takes around six months to receive a decision. However, this may be quicker in straightforward cases and longer in complex cases, especially where additional checks and/or documents are required before a decision is made.

You can check the UK government's official processing times to see up-to-date information on waiting times and any processing delays.

You can apply for priority processing — this should ensure that you receive a decision within five working days. 

Super priority processing is also available — you can receive a decision by the end of the next working day or within two working days. This service usually costs £1,000 in addition to the usual application fees.

While you await a decision, it is important to avoid making any travel plans or significant life decisions until your ILR status is confirmed. You will not be able to leave the UK during this time.

The path to British citizenship after ILR

After you have held ILR for a specified period, you may be eligible to apply for British citizenship. British citizenship offers further benefits, including the right to vote, access to certain government jobs, and the ability to travel using a British passport.

However, the path to British citizenship has its own criteria and requirements, which vary depending on individual circumstances.

Common reasons for ILR application rejection

Common reasons for ILR application rejection include:

1. Incomplete or incorrect application forms
2. Failure to meet the eligibility criteria
3. Insufficient evidence of residence in the UK
4. Providing false or misleading information
5. Lack of necessary supporting documentation

Dealing with ILR application refusals

While most correctly completed indefinite leave to remain applications are successful, there is always a possibility of refusal.

If your ILR application is refused, you will need to understand the reasons why and whether you can fix any issues with your application. Our immigration experts can guide you through this.

You may have the right to appeal the decision or submit a fresh application with proper adjustments and additional evidence.

Frequently asked questions

How much does an indefinite leave to remain application cost?

An indefinite leave to remain application costs £3,029 per applicant.

Can I bring my family with me?

If you are an indefinite leave to remain holder, you may be eligible to bring your family members to the UK. Dependants, such as partners and children, can apply for a visa to join you in the UK and enjoy the same benefits and rights as you do.

Will my child born in the UK have British citizenship with indefinite leave to remain?

While your child will not automatically receive British citizenship based solely on your ILR status, they may be eligible for registration as a British citizen.

Will criminal convictions influence an ILR Application?

Certain criminal offences can have a significant influence on the outcome of your ILR application. It is important to seek legal advice and guidance to navigate any complexities associated with criminal convictions.

Conclusion

It is important to understand the requirements and application process for indefinite leave to remain before applying.

By familiarising yourself with the various routes, meeting the eligibility criteria, and preparing a strong application, you can increase your chances of a successful ILR application and pave the way towards a secure and prosperous future in the UK.

We have a team of experienced immigration solicitors, who can help with and advise you on all aspects of navigating this application process and maximising your prospects of a successful outcome. Please do not hesitate to get in touch with any questions.