Indefinite Leave to Remain (ILR) is a significant milestone for individuals seeking to settle permanently in the UK. This post explains what ILR entails, the benefits it provides, and key considerations for applying for and maintaining this immigration status.
What does it mean to have Indefinite Leave to Remain in the UK?
ILR offers freedom from immigration restrictions and a range of benefits, including the ability to live, work, and study in the UK indefinitely. Having ILR includes:
- Permanent Residency: ILR grants the right to reside in the UK indefinitely. Unlike limited visas, ILR does not require renewal.
- Work and Study: ILR holders can freely work in any profession, be self-employed, or pursue education in the UK.
- Access to Public Services and Benefits: ILR status makes you eligible for various public funds, such as Universal Credit, housing assistance, and state pensions. You can also access free healthcare under the National Health Service (NHS) without paying the Immigration Health Surcharge.
- Pathway to British Citizenship: ILR holders can apply for British citizenship after holding ILR for 12 months, or immediately if married to a British citizen. This step involves meeting specific criteria, including passing the Life in the UK test and demonstrating good character.
How long is ILR valid in the UK?
UK Indefinite Leave to Remain (ILR) grants a person the right to live in the UK without time restrictions. However, it can be lost, revoked, or deemed to have expired under certain circumstances.
How do I prove ILR status?
If you lack proof of your ILR, you can apply for confirmation through a No Time Limit (NTL) application. This process issues an eVisa, an online record of your immigration status, which replaces the traditional Biometric Residence Permit (BRP) by 31 December 2024.
You may need an NTL application if:
- Your original document or passport is lost, stolen, or expired.
- You lack any documentary evidence of your ILR.
- You have legally changed your identity since being granted ILR.
Family Members Joining You in the UK
One of the key benefits of ILR is the ability to bring family members to the UK. Eligible family visas include:
- Spouse or Partner Visas: Your partner must meet relationship, financial, and English language requirements.
- Child Dependant Visas: Applicable for children under 18 who are financially dependent on you.
- Adult Dependant Relative Visas: For relatives requiring essential care unavailable in their home country.
If you have a child in the UK while you are settled here they will normally be a British citizen automatically at birth. If you have a child who was born in the UK after 1 January 1983 and who is not a British citizen, they may be entitled to be registered as a British citizen once you are settled in the UK. You can check if you can become a British citizen.
Travelling Outside the UK with Indefinite Leave To Remain
While ILR provides freedom to travel, there are critical points to consider:
- Absence Limits: ILR lapses if you are outside the UK, Ireland, or Crown Dependencies for two years or more (five years for EU Settlement Scheme holders).
- Re-entry Requirements: Ensure you have valid documentation, such as an eVisa, valid BRP, or proof of ILR, to re-enter the UK. If ILR lapses, you may need to apply for a returning resident viss.
Benefits and Public Funds Access with ILR UK
With ILR, you gain access to public benefits, which are otherwise restricted for visa holders. These include:
- Universal Credit
- Personal Independence Payment
- Help with housing from the local authority
- Attendance allowance
- Social fund payments
- Child tax credit
- Working tax credit
- State pension credit
ILR holders are also exempt from the Immigration Health Surcharge, providing free access to NHS healthcare services.
Replacing BRPs with eVisa
The UK is transitioning from physical BRPs to a digital eVisa system.
- Expiry of BRPs: Most BRPs expire on 31 December 2024. If you have a BRP card, ensure you have an eVisa to prove your status beyond this date.
- Lost or Stolen BRPs: Report any loss to the Home Office immediately. If abroad, you may need a temporary visa to return to the UK.
You can continue to use your BRP until it expires. If you have permission to stay in the UK longer than your BRP, you need to create an account to get an eVisa. An eVisa simplifies proof of immigration status and can be accessed online via a UKVI account.
Studying, Working, and Voting with ILR
ILR grants full freedom to:
- Work: Engage in any employment or start a business.
- Study: Pursue higher education or vocational training without restrictions.
- Vote: Participate in local and general elections, depending on eligibility.
Can I lose Indefinite Leave to Remain Status?
ILR can lapse or be revoked under specific circumstances:
- Extended Absences: Staying outside the UK for over two years (or five years for EU Settlement Scheme holders).
- Deception: If ILR was obtained through fraudulent means.
- Criminal Activity: Deportation or breaches of good character requirements.
How to apply for Indefinite Leave to Remain in the UK?
Applying for ILR involves meeting eligibility requirements specific to your visa category and providing comprehensive documentation. The two main forms used for ILR applications are Form Set (O) and Form Set (M):
- Form Set (M): This form applies to individuals seeking ILR as a partner of someone, or a parent of a child, who is already settled in the UK.
- Form Set (O): This form is used for most other ILR applications, including for individuals on Skilled Worker visas, UK Ancestry visas, or those on the Investor, Innovator, or Global Talent routes.
Eligibility Based on Visa Types:
- Work Visa Holders: Typically require five years of continuous residence. For Tier 1 and Global Talent visa holders, this may reduce to two or three years.
- Family Members: Partners or dependents of individuals settled in the UK can apply if they meet the relationship, financial, and residency requirements.
- Long Residence Route: Individuals who have legally resided in the UK for 10 years or more can apply under the long-residence category.
- EU Settlement Scheme: Settled status under this scheme is equivalent to ILR and requires a separate application process.
Indefinite Leave to Remain Costs and Timeline
Applying for ILR inside the UK involves significant costs and fees, including the Home Office application fee of £2,885 each for adults and children.
Standard applications are usually processed within six months. You may pay for priority services to get a quicker decision.
ILR as a Path to British Citizenship
Being free from Immigration time restrictions at the date of application is a requirement toward becoming a British citizen by naturalisation, the requirements include:
- Residency Requirement: You must hold ILR for at least 12 months and meet continuous residence criteria:
- 5 years of residence with no more than 450 days outside the UK.
- No more than 90 days of absence in the 12 months before applying.
- Good Character Requirement: Demonstrate compliance with UK laws and immigration rules.
- Life in the UK Test and English Proficiency: Pass the Life in the UK test and provide evidence of English language skills.
If you are married to a British Citizen, you can apply for British Citizenship by Marriage, immediately upon acquiring Indefinite Leave to Remain in the UK.
How We Can Help at Whytecroft Ford
Navigating the process of applying for Indefinite Leave to Remain (ILR) can be complex, but our experienced team at Whytecroft Ford is here to guide you every step of the way. We provide tailored advice and professional support to ensure your ILR application has the best chance of success.
If you are unsure about your eligibility or the specific requirements for ILR, our team will:
- Evaluate Your Eligibility: Assess your circumstances to confirm whether you meet the ILR requirements, including residency, documentation, and compliance with UK immigration rules.
- Provide Document Guidance: Advise you on the specific documents required to support your application effectively.
- Plan Your Next Steps: Offer strategic advice on how to meet ILR requirements if you are not yet eligible.
For those ready to apply for ILR, we offer comprehensive application support, including:
- Document Preparation: Organising and compiling all necessary documents into a clear and structured evidence portfolio for Home Office officials.
- Letter of Representation: Preparing a detailed legal representation letter to strengthen your application and clarify your case.
- Liaising with the Home Office: Acting as your representative to communicate with the Home Office throughout the application process.
- Application Submission: Completing and submitting your application on your behalf to ensure all requirements are met accurately and on time.
At Whytecroft Ford, we understand the importance of your ILR status and the opportunities it brings. Contact us today on 0208 757 5751 or complete our online contact form to arrange a consultation with our experienced team.
