Introduction
If you’re living in the UK on a visa, one of the most significant milestones you can achieve is obtaining Indefinite Leave to Remain (ILR). This status grants you the right to live, work, and study in the UK without any time restrictions and can eventually lead to British citizenship.
In this guide, we’ll explore what Indefinite Leave to Remain is, who is eligible, and how to apply for it. Whether you’re on a work visa, spouse visa, or another type of residency, this guide will provide a clear overview of the ILR process.
1. What Is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is an immigration status that allows individuals to remain in the UK without any time limits. Once you’ve held ILR, you no longer need to apply for extensions or adhere to visa restrictions.
Key benefits of ILR include:
- The right to live, work, and study in the UK without restrictions.
- Access to public services such as the NHS and social benefits.
- The ability to apply for British citizenship after 12 months of holding ILR.
2. Who Is Eligible for Indefinite Leave to Remain?
Eligibility for ILR depends on several factors, including the type of visa you hold and how long you’ve been living in the UK. Below are some of the key visa categories and the qualifying periods for ILR.
2.1 Skilled Worker Visa (formerly Tier 2)
- Must have lived and worked in the UK for 5 years on a Skilled Worker Visa.
- Must still be employed by an eligible UK employer and earn a salary that meets the minimum threshold.
2.2 Spouse or Partner Visa
- Must have lived in the UK for 5 years as the spouse or partner of a British citizen or someone with settled status.
- Must continue to meet the relationship and financial requirements.
2.3 Long Residence
- If you have lived in the UK continuously for 10 years under any combination of visas, you may apply for ILR under the Long Residence rule.
2.4 Other Visa Categories
- Innovator Visa or Investor Visa holders may qualify for ILR after 3 years.
- Refugees and those granted humanitarian protection may apply after 5 years.
3. Indefinite Leave to Remain Requirements
When applying for ILR, you must meet specific criteria:
3.1 Continuous Residence
You must have lived in the UK for the required period (e.g., 5 or 10 years) without excessive absences. You can’t be outside the UK for more than 180 days in any 12-month period.
3.2 English Language Requirement
Applicants must demonstrate their proficiency in English by:
- Passing an approved English language test (e.g., IELTS).
- Holding a degree taught in English, or
- Being a national of a majority English-speaking country.
3.3 Life in the UK Test
You must pass the Life in the UK Test, a 24-question exam that assesses your knowledge of British history, values, and culture.
3.4 Good Character
You must have no serious criminal convictions or immigration violations during your stay in the UK.
4. How to Apply for Indefinite Leave to Remain
Applying for ILR involves several steps. Here’s what you need to know:
4.1 Gather the Required Documents
Ensure you have all necessary documents, which may include:
- Valid passport and Biometric Residence Permit (BRP).
- Proof of residence in the UK (e.g., tenancy agreements, utility bills).
- Payslips and employer letters for those on work visas.
- Proof of having passed the Life in the UK Test and the English language requirement.
4.2 Submit Your Application Online
You can submit your ILR application online through the UK government’s visa and immigration portal. Ensure you fill in all details accurately and upload the necessary documents.
4.3 Pay the Application Fee
The cost of applying for Indefinite Leave to Remain is £2,404 as of 2024. Additional fees may apply if you choose priority services to speed up the processing time.
4.4 Provide Biometric Information
You will need to attend a biometric appointment, where your fingerprints and photograph will be taken.
4.5 Wait for a Decision
The processing time for ILR applications can vary but usually takes between 6 weeks to 6 months. You may opt for priority service, which provides a decision in 5-10 working days.
5. What Happens After You Get ILR?
Once you receive Indefinite Leave to Remain, you can live in the UK without any restrictions. However, there are a few important things to keep in mind:
5.1 Traveling Outside the UK
While ILR allows you to travel freely, it can be revoked if you stay outside the UK for more than 2 years. If you plan on long-term travel, consider applying for British citizenship.
5.2 Applying for British Citizenship
You can apply for British citizenship 12 months after obtaining ILR, provided you meet the residency and good character requirements.
6. What If Your ILR Application Is Refused?
If your ILR application is refused, the UK government will provide the reasons for the refusal. Common reasons include:
- Failure to meet the continuous residence requirement.
- Failing the Life in the UK Test or English language test.
- Issues related to good character (e.g., criminal offenses).
You may have the option to appeal the decision or reapply once the issues have been addressed.
Conclusion: Is Indefinite Leave to Remain the Right Step for You?
Obtaining Indefinite Leave to Remain in the UK is a significant achievement that opens doors to living permanently in the UK without visa restrictions. By meeting the eligibility criteria, gathering the required documents, and successfully applying, you can enjoy the benefits of living and working in the UK without time limits.
If you’re ready to apply for Indefinite Leave to Remain, start preparing your application carefully and consider seeking professional immigration advice to ensure everything is in order.