1. What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) allows non-UK citizens to live and work in the UK without immigration restrictions. It’s a permanent residency status, granting individuals the right to stay indefinitely and is often a step towards British citizenship.
2. Benefits of Indefinite Leave to Remain
- No Immigration Restrictions: ILR holders can live, work, and study in the UK without restrictions.
- Access to Public Benefits: Eligibility for certain public benefits, such as healthcare and housing assistance.
- Path to British Citizenship: After holding ILR for 12 months, you may be eligible to apply for British citizenship.
- Travel Flexibility: ILR allows for extended travel outside the UK, though it may lapse if you’re outside the UK for more than 2 consecutive years.
3. Eligibility Requirements for ILR
Eligibility for ILR depends on the applicant’s visa category, length of stay, and compliance with UK residency rules. Here are common pathways and their requirements:
3.1 Residency-Based Eligibility
- Long-Term Residency: Most visa categories require 5 years of continuous residence in the UK, though some routes, like the Innovator Visa or Investor Visa, may offer ILR eligibility after 2-3 years.
- 10-Year Long Residency: Individuals who have legally resided in the UK for 10 years continuously may apply under the Long Residence Rule.
3.2 Family Route
- Spouse/Partner of a UK Citizen or Settled Person: ILR eligibility after 5 years on a Spouse Visa.
- Parent of a British Child: Eligibility after meeting certain requirements regarding parental responsibilities and residence.
3.3 Work-Based Route
- Skilled Worker Visa: Eligibility after 5 years of continuous residence and employment.
- Global Talent, Tier 1 Investor, and Innovator Visas: May be eligible for ILR after 2-3 years depending on the specific visa and contributions.
3.4 Financial and Legal Requirements
- Financial Requirement: Certain family and partner routes have a financial threshold, such as a minimum income requirement for the sponsoring partner.
- Good Character Requirement: Applicants must not have criminal convictions, immigration breaches, or public order offenses.
- Absence Limits: Generally, applicants should not have spent more than 180 days outside the UK per year during the qualifying period.
4. Required Documents for ILR Application
To apply for ILR, applicants must provide a comprehensive set of documents:
- Passport and any current Biometric Residence Permit (BRP).
- Proof of Residency: Documents proving continuous residence, such as utility bills, bank statements, or rental agreements.
- Proof of Relationship: For family and spouse applications, marriage certificates, joint bank accounts, and proof of cohabitation.
- Life in the UK Test Certificate: Most applicants aged 18–64 must pass this test.
- English Language Proficiency: Proof of meeting English language requirements through an English test or equivalent qualification.
- Criminal Record Check: Some visa categories may require a background check.
5. ILR Application Process
Step 1: Prepare Your Documents
Gather all required documents, including proof of residence, financial records, language certificates, and any relationship proof (if applying on a family route).
Step 2: Take the Life in the UK Test
Schedule and pass the Life in the UK Test, covering topics on British culture, history, and government. The test costs £50 and requires a score of at least 75%.
Step 3: Complete the Application Form
Complete the SET(O) form (for most visa types) or SET(M) form (for partner visas) online through the UK Visas and Immigration (UKVI) portal.
Step 4: Submit Biometrics and Attend Appointment
Schedule a biometric appointment to submit fingerprints and a photograph. Biometric fees are £19.20.
Step 5: Pay the ILR Application Fee
The current ILR application fee is £2,885 per applicant. If applying for Priority or Super Priority services, there are additional fees of £500 and £800, respectively.
Step 6: Wait for a Decision
Processing times vary:
- Standard processing: Up to 6 months.
- Priority service: Typically 5 working days.
- Super Priority service: Decision within 24 hours after the biometric appointment.
6. Costs Associated with ILR
- Application Fee: £2,885 per applicant.
- Priority Processing: Additional £500.
- Super Priority Processing: Additional £800.
- Life in the UK Test: £50.
- English Language Test: Around £150.
7. Common Reasons for ILR Refusal
ILR applications may be refused due to:
- Insufficient Residency Evidence: Lack of adequate proof of continuous residence.
- Criminal Convictions or Violations: Any recent offenses or immigration violations.
- Absence Limit Breach: Exceeding 180 days outside the UK within any 12-month period.
- Financial Requirements Not Met: Failing to meet the minimum income threshold, particularly for family route applications.
8. Frequently Asked Questions
- How long can I be outside the UK with ILR?
ILR may be lost if you are outside the UK for more than 2 consecutive years. - Can I include family members in my ILR application?
Family members must submit their own applications and meet ILR requirements separately. - Does ILR expire?
ILR is permanent, but you may need to replace the Biometric Residence Permit (BRP) every 10 years. - Is ILR the same as citizenship?
No, ILR grants permanent residency, while citizenship provides full rights, including the right to vote and obtain a British passport. - Can I switch jobs with ILR?
Yes, ILR holders can change employers without needing visa sponsorship.
9. Conclusion
Indefinite Leave to Remain is a valuable status for non-UK citizens seeking a secure and permanent life in the UK. By meeting residency, financial, and character requirements, and preparing a thorough application, you can navigate the ILR process successfully and enjoy the freedoms of UK residency.