Settling in the UK is a significant milestone, granting individuals the freedom to live, work, and study without time restrictions, and to stay with their families permanently. Acquiring Indefinite Leave to Remain (ILR) involves navigating a detailed application process that includes meeting specific financial, personal, and residential criteria. In this post, we address the most frequently asked questions about applying for ILR.
What is ILR?
Indefinite Leave to Remain (ILR) is an immigration status that allows you to live and work in the UK without any time restrictions. It’s often referred to as “settlement” and is a form of permanent residency in the UK.
With ILR, you’re no longer subject to immigration control and can enjoy many of the same rights as British citizens. Unlike British citizenship, which is granted for life, ILR can lapse in certain circumstances.
There are different ways to apply for Indefinite Leave to Remain based on your circumstances, for example, if you work in the UK, have family in the UK or if you’ve lived here for 10 years.
What are the requirements for ILR?
The main requirements for ILR typically include:
- Meeting the continuous residence requirement
- Passing the Life in the UK Test, unless exempt
- Meeting the English language requirement
- Having no breaches of immigration laws or serious criminal convictions
- Meeting specific requirements related to your visa category
What is the ILR Residence Requirement?
The ILR residence requirement varies depending on your visa category. Most common routes require 5 years of continuous residence in the UK. However, some categories may require 2, 3, or even 10 years. During this period, you must not have been outside the UK for more than 180 days in any 12 months, unless there are special circumstances.
How soon can I apply for ILR?
You can typically apply for ILR up to 28 days before completing your qualifying period of continuous residence. Applying earlier than this may result in your application being refused.
How to apply for ILR?
You can apply for ILR online through the UK government website. The form you need to apply will depend on the category of visa you are applying under. You’ll need to provide various documents to demonstrate that you satisfy the requirements, pay the application fee, and attend a biometric appointment.
What is the processing time for an ILR application?
Currently, the standard processing time for ILR applications is up to 6 months. Applicants may be able to pay to get a faster decision. The priority service (£500) means you will usually get a decision within 5 working days or the super priority service (£1000) means you will get usually get a decision by the end of the next working day. Applications where more information is required or that are more complex may take longer to process, and the Home Office usually will inform you if it will take longer.
Can I travel outside the UK while my ILR application is being processed?
If you travel abroad (outside the Common Travel Area (CTA) – which includes the UK, Republic of Ireland, Channel Islands and Isle of Man before a decision is made on your application for Indefinite Leave to Remain, the Home Office will treat your application as withdrawn.
I am on a Tier 2 Visa, can I apply for ILR?
Yes, if you’re on a Tier 2 (General) visa (now called Skilled Worker visa), you can usually apply for ILR after 5 years of continuous residence in the UK. You must meet all other ILR requirements and your employer must confirm that they still need you for your job.
Are ILR and EU Settled Status the same?
While similar, ILR and settled status under the EU Settlement Scheme are not the same. The main difference is the length of time you can spend outside the UK. With ILR, you can leave the UK for up to 2 years before your status lapses. With settled status under the EU Settlement Scheme, you can leave for up to 5 years (or 4 years for Swiss nationals) before your status lapses.
I am a student, when can I apply for ILR?
The Student Visa category does not lead directly to settlement. Those who have spent a continuous period of 10 years in the UK under different visas may be eligible to apply for ILR under the ‘Long residence’ route. Time under visas which do not lead to settlement under the standard 5-year route (such as a Student Visa and the Graduate Visa.) can be counted towards 10-year ILR.
How is ILR different from Citizenship?
ILR grants you the right to live and work in the UK indefinitely, but it doesn’t make you a British citizen. With ILR, you can’t hold a British passport or stay outside the UK for a longer time.
When can I apply for Citizenship after ILR?
Once you have obtained Indefinite Leave to Remain (ILR) in the UK, you can typically apply for British citizenship after holding ILR for at least 12 months. However, if you are married to or in a civil partnership with a British citizen, you can apply for citizenship immediately after receiving ILR, without the 12-month waiting period.
In both cases, you must also meet other eligibility criteria, such as demonstrating good character and meeting the residence requirements. Additionally, you should ensure that you have not spent more than 90 days outside the UK in the 12 months before your application.
What are the benefits of ILR status?
With ILR, you can:
- Work without restrictions in any profession or self-employment
- Study
- Access public services like healthcare and schools
- Apply for public funds (benefits) and pensions
- Travel in and out of the UK freely (with some restrictions)
- Pay home tuition fees for higher education (after 3 years of ordinary residence)
Can I lose my ILR status?
Yes, you can lose your ILR status if:
- You’re deported from the UK
- You obtained leave by deception
- You stay outside the UK for 2 or more years
- You’re found to be a threat to national security
- You were granted leave as a refugee and cease to be a refugee
What if I have a child born in the UK? Will they be British?
A child born in the UK to a parent with ILR is automatically a British citizen at birth. If you have a child born in the UK before you obtained ILR, they may be eligible to register as a British citizen once you have ILR.
How do I prove I have ILR?
You can prove your ILR status through various documents:
- A Biometric Residence Permit (BRP) stating “Indefinite Leave to Remain,” “Indefinite Leave to Enter,” or “No Time Limit”
- A No Time Limit (NTL) stamp in your passport
- An Indefinite Leave to Enter (ILE) stamp in your passport
- An ILR stamp or endorsement in your passport
- A letter from the Home Office confirming your right to remain indefinitely in the UK
By the end of 2024, the Home Office plans to digitise the process of proving your immigration status with the introduction of eVisas.
What if I don’t have a document to prove my ILR?
If you don’t have a document to prove your ILR, you can apply for a Biometric Residence Permit (BRP) through a No Time Limit (NTL) application. The Home Office will check their records to confirm your status.
Can I access healthcare with ILR?
Yes, generally, healthcare will be available to you if you have ILR and you are ordinarily resident in the UK.
How we can help
Applying for Indefinite Leave to Remain is a complex process, and each case is unique. Our experienced immigration team can guide you through every step of the application, ensuring you meet all requirements and maximizing your chances of a successful outcome.
We can assist with document preparation, and application submission, and provide representation if any issues arise. Contact us for a consultation to discuss your ILR application.
