Indefinite Leave to Remain (ILR)
Guide for Indefinite Leave to Remain in the United Kingdom
For many migrants who come to the UK, Indefinite Leave to Remain or Settlement is the ultimate objective. In terms of employment, culture, and family life, Britain has a lot to offer. And it’s natural that after five years or more in the UK, you and your family would wish to make it your permanent home. Unfortunately, the British government has made obtaining Indefinite Leave to Remain exceedingly complicated. From arbitrarily refusing applicants due to a historical error on their tax form to requiring Skilled Worker visa holders to obtain written confirmation from their employer that they are needed to work for the “foreseeable future” at the time of the ILR application, it has become increasingly difficult for those who wish to settle in the UK to do so.
Our team at Global Solicitors has a thorough grasp of ILR standards and has an extraordinarily high success record for our clients. By hiring us, you can rest assured that your application will be handled professionally and with care.
What are the eligibility requirements for Indefinite Leave to Remain?
Eligibility for Indefinite Leave to Remain is determined by the category or channel through which the applicant applies. For example, ten years of legitimate residency in the UK may qualify for ILR. Other ILR applications may be based on time spent working or dwelling in the UK with family. Most pathways need a minimum residency requirement; for example, to apply for ILR based on a spouse visa, the applicant must have been in the country for 5 years on their spousal visa, in addition to completing the other conditions.
The advantages of an indefinite leave to remain visa are as follows.
Who is eligible to apply for indefinite leave to remain?
The migrants listed below may be able to apply for ILR:
- Holders of a working visa under the previous PBS scheme
- Those who now possess a work visa under the new PBS scheme
- Current dependent visa or family visa holders
- Long-term residents of the United Kingdom, defined as individuals who have lived in the nation for ten years or more.
Which requirements must be met in order to obtain indefinite leave to remain?
To apply for ILR, you must meet the following criteria:
Have held your visa continuously for five years (or have lawfully resided in the UK for continuous ten years)
- Show proof of your English language proficiency:
- Nationality from an English-speaking country
- OR An accepted English language degree
- OR Successfully passing an accredited English language test
- Pass the ‘Life in the UK’ test
- Meet the ‘continuous residency’ requirements
- Meet any minimum income requirements (if applicable)
- It is important to note that ILR status can be revoked if you live outside the UK for more than two years.Â
Fees for an Indefinite Leave to Remain (ILR)
The application cost for indefinite leave to remain is £2404.
Where applicable, it costs an extra £800 for super-priority processing (24-hour processing) and £500 for priority processing (5-day processing). Read More – Additional ILR Fees
What is the procedure for applying for indefinite leave to remain?
- Incorrect or inadequate documentation; or Incorrect or incomplete application;
- Failure to deliver extra papers or information within a certain time frame, if asked by UK Visas and Immigration.
When applying for indefinite leave to remain, what documents should I provide?
In general, while filing for ILR, you will need to present the following papers (Note: This is not an entire list, and it may change depending on the visa type).
- Your passport; proof of current legal status (i.e., your visa);
- Proof of any absences from the United Kingdom;
- For Skilled Workers, pay stubs from your company proving you satisfy the minimal income criteria;
- Evidence that you have met the English language requirement and passed the Life in the UK exam.
Can I appeal the denial of my application for indefinite leave to remain?
Refusals of ILR can be distressing to you and your family. Your life is frequently placed on hold as a result of such a bad decision. Our skilled staff can advise you quickly on your alternatives for challenging the denial. The following possibilities are possible answers depending on the immigration category you choose:
- Resubmitting your ILR application; filing an appeal;
- Submit an Administrative Review Issue Judicial Review Hearings
- We will advise you on the best course of action depending on your specific situation.
Are there different routes to obtaining Indefinite Leave to Remain?
There are various routes to apply for Indefinite Leave to Remain.
These include applications based on:
- Long Residence in the UK (SET(LR))
- Family and Private Life in the UK(SET(M))
- Work in the UK (SET(O))
- EU Settlement Scheme
Do I have the right to apply for Indefinite Leave to Remain after five years?
If you are on (and have been dwelling on) a route that qualifies for Indefinite Leave to Remain after five years in the UK, you can apply for Indefinite Leave to Remain. After 5 years of continuous residence in the UK on that visa or a combination of eligible visas, several visa types allow the holder to apply for Indefinite Leave to Remain. Some pathways may allow for a shorter qualifying term, whilst others might not allow for Indefinite Leave to Remain at all.
How should I apply for Indefinite Leave to Remain?
The form you must use is determined on the basis of your application.
- Applicants are often asked to apply online, with the following forms of online applications receiving the most attention:
- Apply to Settle in the United Kingdom (including work-related categories) (also known as SET(O)).
- Application form for ILR based on Long Residence in the UK (also known as SET(LR))
- Form for applying to settle as a settled person’s partner or parent (also known as SET(M)).
What is the processing time for a petition for Indefinite Leave to Remain?
The normal service period for ILR applications is 6 months. It costs an extra £800 for super-priority (24-hour processing) and £500 for priority (5-day processing, if eligible).
Normally, only a small number of SET(LR) candidates can use the super priority service daily. When you are ready to submit and pay, the option for super priority will be unavailable on your application form if the maximum number of clients has been achieved.
ILR with Biometric Residence Permit
When applying for ILR, you must include biometrics in your application. This is true even if you already participated in biometrics for a previous visa or were previously awarded a Biometric Residence Permit (BRP). When your ILR application is granted, a new BRP will be provided to you. Your BRP showing ILR status will normally be issued for 10 years.
When your BRP expires (unless you have subsequently left the UK for more than 2 years or been granted British Citizenship) you will be required to renew the card.
You must thoroughly inspect your BRP card upon receiving it. If the card has an incorrect expiration date, you should contact the Home Office. Because of advancements in encryption technology, your new BRP may be issued automatically with an expiration date of December 31, 2024. This will not affect your status, and the Home Office will keep BRP holders informed of how to update their soon-to-expire cards.
Indefinite Leave to Remain UK as a spouse
You should be entitled to apply for ILR if you have lived in the UK with your spouse for a continuous period of 5 years. You should not file for ILR more than 28 days before finishing your 5-year spousal visa. Some portions of the application will be identical to those of your past spouse applications. You must demonstrate that you are in a stable relationship with your sponsor and that you have appropriate housing for yourself and your family (for example, a rental agreement or proof of house ownership). You would need to present proof to demonstrate that you fulfill the financial criteria (sufficient income/funds) at the time of application.
In addition, you must pass the Life in the UK test and provide evidence that you have a suitable level of English (B1 on the CEFR framework in Speaking and Listening). You will also need to demonstrate that you have been living together (cohabiting) in the UK with your spouse since your last grant of leave as a spouse. If you were awarded ILR based on 5 years of residence as a spouse, you would generally be allowed to apply for British Citizenship immediately if you met the conditions for Citizenship.
Is the ILR Status revocable?
The ILR status can be revoked. This might occur if a person is determined to have obtained ILR status through fraud or becomes deportable.
Exactly what is an ILR card?
When applying for ILR, you must provide biometrics (a photograph and your fingerprints) as part of your application. When your ILR application is granted, you will be given a biometric residence permit (BRP), often known as an ILR card.
Qualification Criteria for ILR
The qualifying conditions for ILR are determined by your current visa status, as well as any prior visas you may have had while residing in the UK. You must fulfill the ILR standards for your chosen visa route. Furthermore, you must not generally fall within the “general grounds for refusal.” For example, if you have just obtained a felony conviction, you may be ineligible to apply for ILR.
Indefinite leave to remain applicant applying for a British passport
After obtaining ILR status, you may be entitled to seek British citizenship after 12 months. If you are married to a British citizen, you may be able to apply for naturalization as a British citizen right away.
Before applying for Naturalization, be sure you satisfy the conditions. After becoming a British citizen, you can apply for your first British passport.
Periods of eligibility for indefinite leave to remain
Most eligible visa categories require a minimum qualifying duration of 5 years for ILR. Some paths provide rapid access to ILR (for example, the Tier 1 Investor route, which allows some qualified people to apply after three years). Long Residence ILR requires the applicant to have amassed 10 years of lawful residence in the UK. To qualify for ILR on this basis, the applicant must have resided in the UK for 10 continuous years with any combination of valid leave.
Visa holders cannot generally apply for ILR more than 28 days before the end of their qualifying term under the appropriate route.
Having an understanding of the English language for ILR
Anyone between the ages of 18 and 65 must demonstrate proficiency in English. In both Speaking and Listening, the minimum level is (B1) of the CEFR framework. If the candidate is from an English-speaking country, they can present proof of their nationality to demonstrate that they fit the criterion.
Other candidates must provide proof of either a Home Office-approved English test result or a degree taught in English. Degrees taught outside the UK will require a UK ENIC certificate indicating the academic level and, if relevant, the English language level at which the degree was taught.
A Life in the UK Test for ILR
As a qualifying condition for ILR, anybody between the ages of 18 and 65 must pass the Life in the UK test. The paper assesses the applicant’s understanding of British customs and traditions in 24 questions over 45 minutes. The exam must be taken at one of the UK’s 30+ government-approved testing venues. Applicants are highly urged to study and prepare for the exam in advance, and they must book at least three days in advance, when ready. To take the test, the candidate must present identification. The test costs £50 and may be retaken; however, if you fail (the pass mark is 75%), you must wait 7 days before retaking it. Disabled applicants should be accommodated in testing centres.
Some persons are excused from taking the exam due to extraordinary circumstances, but only if the applicant has a long-term physical or mental handicap that is substantiated by medical evidence and prevents them from taking the test. Instead of a paper certificate, candidates will be given a Unique Test Reference number beginning December 17, 2019.
Forms for Indefinite Leave to Remain
It is critical that you thoroughly understand the questions on the application form and that you have reviewed all answers. Once the form has been submitted online, it cannot be updated directly, thus you must ensure that the form contains proper data.
This data should be given as supporting evidence if you need to change or clarify an answer after it has been submitted. An inaccuracy on the form can cause delays or even the denial of an ILR application, and it can also have an influence on future applications you submit (or sponsor), so pay close attention to detail and get legal advice if you have any worries.