1. What is an Indefinite Leave to Remain (ILR) Stamp?
Indefinite Leave to Remain (ILR) is a form of immigration status that grants individuals the right to live and work in the UK indefinitely, free from immigration restrictions. Historically, ILR status was marked with a stamp in your passport or a physical vignette. However, the UK now issues ILR as a Biometric Residence Permit (BRP) card instead of a passport stamp or vignette.
2. Eligibility for Indefinite Leave to Remain
To qualify for ILR, applicants must have:
- Continuous Lawful Residence: Typically 5 years, though some categories allow 2, 3, or 10 years of residency.
- Good Character: No recent criminal convictions or breaches of immigration law.
- Financial Stability: Proof of adequate income or savings if required under your visa category.
- English Language Proficiency: Generally, CEFR Level B1 or higher.
- Life in the UK Test: Passing the test is mandatory for most applicants, demonstrating knowledge of British culture and values.
Meeting these requirements is essential for those applying for ILR, whether it’s via a stamp in an older passport or as a BRP.
3. Types of Indefinite Leave to Remain Documentation
Depending on when ILR was granted, it could be documented as:
- Passport Stamp or Vignette: Common before the introduction of Biometric Residence Permits.
- Biometric Residence Permit (BRP): Since 2012, ILR is now issued in the form of a BRP, which includes biometric data like fingerprints and a photograph.
- Digital Status: For those granted ILR recently through the EU Settlement Scheme, status can be viewed and managed online.
If your ILR is an older stamp in your passport, you may consider transferring it to a BRP.
4. How to Transfer an ILR Stamp to a Biometric Residence Permit
If you hold ILR as a stamp or vignette in an expired passport, you can apply to transfer it to a Biometric Residence Permit (BRP) for easier verification. Here’s how:
- Application Process: Use Form NTL (No Time Limit) to transfer your ILR to a BRP.
- Required Documents: Submit your current passport, old passport with the ILR stamp, proof of continuous residence, and any additional documents as required.
- Application Fee: The fee for transferring ILR to a BRP is currently £161.
- Processing Time: Typically 8 weeks, though premium services may reduce wait times.
Transferring to a BRP can simplify travel and is generally required if your passport with the ILR stamp has expired.
5. Benefits of Having a Biometric Residence Permit (BRP) for ILR
While the ILR stamp in your passport remains valid, having a BRP offers added benefits:
- Easier Travel Verification: A BRP simplifies re-entry to the UK, as the card is updated to current immigration standards.
- Proof of Status: The BRP card is widely recognized by UK employers, landlords, and public services.
- Enhanced Security: BRPs include biometric data, making it more secure and harder to misplace than a passport stamp.
Many prefer transferring their ILR to a BRP for these practical reasons.
6. Replacing a Lost or Stolen ILR Stamp or BRP
If your ILR stamp or BRP is lost, stolen, or damaged, you must apply for a replacement:
- Lost/Stolen ILR Stamp in Passport: Apply using the NTL form to transfer your ILR to a BRP, as ILR is no longer reissued as a passport stamp.
- Lost/Stolen BRP: Report it to UK Visas and Immigration (UKVI) within 3 months and apply for a replacement using Form BRP(R).
For travel purposes, you may need to apply for a Replacement BRP Visa to re-enter the UK if your BRP is lost while abroad.
7. Validity of an ILR Stamp in Your Passport
An ILR stamp itself does not expire, but it could be invalidated if you leave the UK for an extended period, generally 2 years or more, as this may lead to loss of ILR status. To avoid this:
- Return to the UK Regularly: Ensure you do not remain outside the UK for over 2 years.
- Reapply for Returning Resident Status: If you lose ILR due to extended time abroad, you may need to reapply as a Returning Resident.
Even if the passport with your ILR stamp expires, the status remains valid as long as you comply with residency requirements.
8. Frequently Asked Questions (FAQs)
Q1: Is my ILR still valid if it’s in an expired passport?
A: Yes, the ILR remains valid, but you should carry both the expired passport with the ILR stamp and your new passport when traveling.
Q2: Do I need to transfer my ILR stamp to a BRP?
A: It’s not mandatory, but transferring to a BRP is recommended for easier verification and travel.
Q3: How much does it cost to replace a lost BRP for ILR?
A: The replacement fee is typically £56, though additional fees may apply if you need a replacement urgently.
Q4: Can I lose ILR if I leave the UK?
A: Yes, ILR can be lost if you remain outside the UK for more than 2 consecutive years.
Q5: Do I need to renew my ILR?
A: ILR itself does not expire, but you may need to replace the document that proves it, such as transferring from a passport stamp to a BRP.
Q6: Can I use the EU Settlement Scheme instead of ILR?
A: If you have ILR but also qualify under the EU Settlement Scheme, you can apply for Settled Status for added benefits, including digital proof of status.