1. What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) grants permanent residency in the UK, allowing non-UK nationals to live, work, and study without time restrictions. ILR is a step towards British citizenship and offers security for those planning to reside in the UK long-term.
2. Key Eligibility Requirements for ILR
Eligibility for ILR depends on the visa type and duration of UK residence. General criteria include:
- Minimum Residency Period: Typically, 5 years in the UK on a qualifying visa, though some categories require longer stays (e.g., 10 years on the long residence route).
- Continuous Residence: Applicants should have maintained continuous residence in the UK, with no absences exceeding 180 days per year during the qualifying period.
- Good Character Requirement: Applicants must have a clean criminal record and comply with UK immigration laws and tax obligations.
3. Minimum Residency Period for Different Visa Categories
- Spouse or Partner Visa: 5 years of residence with a UK citizen or settled person.
- Skilled Worker Visa (Tier 2): 5 years of employment in the UK on a Skilled Worker Visa.
- Ancestry Visa: 5 years of residence for those eligible based on UK ancestry.
- Long Residence Route: 10 years of continuous residence, regardless of visa type.
- Investor Visa: 2, 3, or 5 years depending on the investment amount.
4. English Language Requirement
Applicants must prove proficiency in English unless they’re from a majority English-speaking country. Options for meeting the language requirement include:
- Approved English Language Test: Achieving at least B1 level on the CEFR (Common European Framework of Reference).
- Degree Taught in English: Applicants with a degree taught in English may submit an Ecctis (formerly UK NARIC) certificate proving equivalency.
- Exemptions: Certain applicants are exempt, such as those aged 65 or older, or those with physical or mental conditions preventing them from taking the test.
5. Life in the UK Test
The Life in the UK Test is required for ILR applicants to demonstrate knowledge of British culture, history, and values. Key details include:
- Cost: £50
- Format: 24 multiple-choice questions; applicants must answer at least 18 correctly to pass.
- Booking: The test must be booked online, with available study resources to prepare.
6. Financial Requirements for ILR
Certain ILR routes require proof of financial stability, particularly for applicants on family visas. Financial thresholds include:
- Minimum Income for Spouse and Partner Visa: £18,600 annually for the main applicant, plus additional amounts for dependents:
- £3,800 for the first dependent child
- £2,400 for each additional child
Proof of Financial Stability
- Bank Statements: Showing income and savings.
- Employment Documentation: Pay slips, employment letters, or self-employment records.
- Savings: Applicants may use savings to meet the requirement, typically requiring a minimum holding period of six months.
7. Required Documents for ILR Application
Having the correct documents is essential for a successful ILR application. Required documents generally include:
- Valid Passport: Proof of identity and nationality.
- Biometric Residence Permit (BRP): Showing current immigration status.
- Proof of Residence: Documents demonstrating residency, such as utility bills, bank statements, or council tax statements.
- Proof of Continuous Employment or Income: If required, such as employment contracts, pay slips, or financial documents.
- Life in the UK Test Certificate: Evidence of passing the test.
- English Language Certificate: If applicable.
- Absence Records: Travel records demonstrating compliance with continuous residence requirements.
8. Application Process for ILR
Step 1: Gather Documentation
Prepare all required documents, ensuring they are up to date and accurate.
Step 2: Submit ILR Application Online
Applications must be submitted online through the UK Visas and Immigration (UKVI) portal. The ILR application fee for 2023 is £2,404 per person, with an additional biometric fee of £19.20.
Step 3: Book and Attend Biometric Appointment
After submitting the application, book a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) center, where fingerprints and photographs will be taken.
Step 4: Wait for Decision
Standard processing times for ILR applications can take up to 6 months. Priority processing options are available:
- Priority Service: An additional £500 for a decision within 5 working days.
- Super Priority Service: An extra £800 for a 24-hour decision.
9. Benefits of Indefinite Leave to Remain
Holding ILR provides several advantages:
- Permanent Residency Rights: The ability to live and work in the UK without time restrictions.
- Pathway to Citizenship: After 12 months with ILR, applicants may be eligible to apply for British citizenship.
- Access to Public Services: Eligibility for certain UK public services and benefits.
- Freedom to Travel: The ability to travel without needing a visa to re-enter the UK.
10. Frequently Asked Questions
- Can I lose my ILR status if I leave the UK?
Yes, if you stay outside the UK for more than 2 years, you may lose ILR status. - Do children need to take the Life in the UK Test for ILR?
No, children under 18 are exempt from the Life in the UK Test. - What happens if my ILR application is refused?
You may have the option to appeal, request an administrative review, or reapply. - Can I apply for ILR earlier than 5 years?
Certain visas, like the Investor Visa, offer faster routes to ILR based on investment amount. Otherwise, standard residency periods apply. - Can I include family members in my ILR application?
Yes, dependents can apply for ILR if they meet the eligibility criteria, including residency requirements.
11. Conclusion
Obtaining Indefinite Leave to Remain (ILR) is a crucial milestone for non-UK nationals aiming to secure permanent residency. By fulfilling residency, financial, language, and test requirements, applicants can gain long-term rights in the UK. Properly preparing documentation and understanding the application process will help ensure a successful ILR application and pave the way for eventual British citizenship.