1. What is ILR?
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK, allowing foreign nationals to live, work, and study in the UK without time restrictions. ILR is typically a step towards British citizenship and grants the holder many of the same rights as UK citizens, with the primary difference being the lack of a UK passport.
2. When Can I Apply for ILR?
The earliest time to apply for ILR depends on your visa type, how long you’ve held it, and whether you meet the residency requirements. Below are the most common ILR eligibility timelines:
- Skilled Worker Visa: Eligible after 5 years of continuous residence.
- Spouse or Partner Visa: Eligible after 5 years if applying through the standard route; 10 years if you apply under the family route.
- Ancestry Visa: Eligible after 5 years of continuous residence in the UK.
- Long Residency: Eligible after 10 years of continuous, lawful residence in the UK on any combination of visas.
- Global Talent Visa: Eligible after 3 years if applying under certain criteria (e.g., exceptional talent).
- Investor, Innovator, or Entrepreneur Visa: Typically eligible after 3 to 5 years, depending on the investment or business criteria met.
Each of these routes requires that you have lived continuously in the UK and have abided by the terms of your visa.
3. ILR Eligibility Requirements
In addition to meeting the residence timeline, applicants for ILR must also satisfy these requirements:
- Continuous Residence: Have spent the required number of years in the UK without long absences. Generally, absences must not exceed 180 days in any 12-month period during the qualifying period.
- Knowledge of Life in the UK: Pass the Life in the UK Test, which covers British history, culture, and values.
- English Language Requirement: Show proof of English proficiency through a recognized test (e.g., IELTS) unless exempt.
- Financial Requirement (for Family and Partner Visas): Meet income thresholds or maintenance requirements.
Meeting these criteria ensures eligibility when the time comes to apply for ILR.
4. Timeline for Applying Based on Visa Type
a) Skilled Worker Visa (5 Years)
Those on a Skilled Worker Visa can apply for ILR after 5 years of continuous employment in the UK. Note that you must have held the same job or jobs under this visa for the 5-year period, with any job changes meeting Skilled Worker rules.
b) Spouse or Partner Visa (5 Years)
You can apply for ILR if you’ve lived in the UK for 5 years with a Spouse or Partner Visa (or 10 years under the family route). You must still be in a genuine relationship and meet any financial or English language requirements.
c) Long Residency (10 Years)
If you’ve lived in the UK continuously for 10 years under any combination of visas, you may apply for ILR based on long residence. Absences must not exceed 180 days in any 12-month period.
d) Ancestry Visa (5 Years)
Those with a UK Ancestry Visa are eligible to apply for ILR after 5 years of continuous residence, provided they have evidence of their ancestral ties and have maintained lawful residence and employment in the UK.
5. How Long Before the Qualifying Period Can I Apply?
You can apply for ILR up to 28 days before reaching the end of your qualifying period. For example:
- If you’re eligible for ILR after 5 years, you can submit your application 4 years and 11 months after you first arrived in the UK or received your qualifying visa.
- Applying earlier than 28 days before completing the residency requirement may lead to a rejection, so timing is important.
6. Frequently Asked Questions (FAQs)
Q1: Can I apply for ILR if I have been out of the UK for more than 180 days in a year?
A: No, absences of over 180 days in any 12-month period may break your continuous residence, making you ineligible for ILR. Exceptions may apply in cases of medical issues or certain employment-related travel.
Q2: Do I need to renew my current visa if I’m close to applying for ILR?
A: If you’re within 28 days of the ILR eligibility date, you can apply for ILR instead of extending your current visa.
Q3: Can I include my dependents in my ILR application?
A: Yes, dependents can apply for ILR if they meet the continuous residence requirement under your visa route and meet any additional criteria (such as age and relationship verification).
Q4: Can time on a visitor visa count towards ILR eligibility?
A: No, time spent on a visitor visa does not count towards ILR, as visitor visas are temporary and do not establish residency.
Q5: Does maternity leave affect ILR eligibility for Skilled Worker Visa holders?
A: Maternity leave does not impact your continuous residence or ILR eligibility, as long as you remain employed with your sponsoring employer.
Q6: Can I apply for British citizenship immediately after receiving ILR?
A: You can apply for British citizenship 12 months after obtaining ILR unless you are married to a British citizen, in which case you can apply immediately upon receiving ILR.