Martin taggart

Indefinite Leave to Remain (ILR): Everything You Need to Know

  1. What is Indefinite Leave to Remain (ILR)?
    Indefinite Leave to Remain (ILR) is a permanent residency status in the UK. It allows individuals to live, work, and study in the country without time restrictions. ILR is also a critical step toward becoming a British citizen.
  1. Benefits of Indefinite Leave to Remain
  • No Immigration Restrictions: Stay in the UK without needing a visa renewal.
  • Work and Study: Freedom to work or study in the UK without additional permits.
  • Access to Public Benefits: Eligibility for certain state benefits and public funds.
  • Path to Citizenship: Qualify for British citizenship after holding ILR for 12 months.
  1. Who is Eligible for Indefinite Leave to Remain?

Visa Categories Eligible for ILR:

  • Work Visas: Skilled Worker Visa, Global Talent Visa, Innovator Visa, etc. (after 5 years).
  • Family Visas: Spouse or partner of a British citizen or settled person (after 5 years).
  • Long Residence: Continuous lawful residence in the UK for 10 years.
  • Humanitarian Grounds: Refugees or those granted humanitarian protection.
  • EU Settlement Scheme: Settled status for eligible EU, EEA, or Swiss nationals.

Residency Requirements:

  • Continuous Residence: Must have lived in the UK for the required period (typically 5 or 10 years).
  • Absence Limits: Cannot be outside the UK for more than 180 days per year during the qualifying period.

Additional Criteria:

  • Knowledge of Life in the UK: Pass the Life in the UK Test.
  • English Language Proficiency: Meet the English language requirements (CEFR Level B1 or higher).
  1. Documents Required for ILR Application
  • Valid passport or travel document.
  • Current Biometric Residence Permit (BRP).
  • Proof of continuous residence (e.g., tenancy agreements, utility bills).
  • Evidence of employment or financial stability.
  • Life in the UK Test pass certificate.
  • English language test results or proof of qualification taught in English.
  • Visa history and travel documentation.
  1. How to Apply for Indefinite Leave to Remain

Step 1: Check Eligibility

Confirm that you meet all residency and visa requirements for ILR.

Step 2: Complete the Online Application

Submit your application through the UK Visas and Immigration (UKVI) portal.

Step 3: Gather Supporting Documents

Prepare the necessary documentation to demonstrate your eligibility.

Step 4: Pay the Fees and Submit Biometrics

  • Application Fee: £2,404 per person.
  • Attend a biometric appointment to provide fingerprints and photographs.

Step 5: Await a Decision

Processing times typically take up to 6 months. Priority and super-priority services are available for faster decisions.

  1. Fees and Processing Times
  • Standard Application Fee: £2,404.
  • Priority Service Fee: £500 (decision within 5 working days).
  • Super Priority Service Fee: £800 (decision within 1 working day).
  1. Common Reasons for ILR Refusals
  • Excessive Absences: Exceeding the 180-day limit can disqualify your application.
  • Incomplete Application: Missing documents or incorrect information may result in rejection.
  • Failure to Pass Required Tests: Not passing the Life in the UK Test or meeting English requirements.
  1. Pathway to British Citizenship After ILR
    After holding ILR for 12 months, you may apply for British citizenship, provided you meet these requirements:
  • Have resided in the UK for the required period.
  • Demonstrate good character (no serious criminal convictions).
  • Meet continued residency and absence criteria.
  1. FAQs About Indefinite Leave to Remain
  • How long does it take to get ILR?
    Standard applications take up to 6 months; expedited services may offer faster results.
  • Can I lose ILR?
    Yes, ILR can be lost if you leave the UK for more than 2 years or commit certain criminal offenses.
  • Can dependents apply for ILR?
    Yes, dependents such as spouses and children can apply if they meet eligibility requirements.
  • Do I need to renew ILR?
    ILR does not need to be renewed, but you may need to replace your Biometric Residence Permit (BRP) if it expires.
  • Can I work while my ILR application is pending?
    Yes, as long as your current visa allows work and has not expired.
  1. Conclusion
    Indefinite Leave to Remain (ILR) is a significant milestone in achieving permanent residency and full rights in the UK. By ensuring you meet all eligibility requirements and preparing a strong application, you can secure your ILR and enjoy the benefits of living in the UK without immigration restrictions.
Trisha Lee