Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) applications have a high success rate when they are meticulously prepared, accompanied by compelling evidence, and fulfil all the requirements outlined in the immigration rules. By leaving no aspect unaddressed, such well-prepared ILR applications provide the Home Office with minimal grounds to refuse them.
Our highly skilled team is proficient in handling a wide range of issues related to indefinite leave to remain.
We offer comprehensive assistance in the following areas:
- Assessing your eligibility for indefinite leave to remain
- Providing guidance on the Life in the UK test
- Offering advice on Biometric Residence Permits
- Representing you and submitting your indefinite leave to remain application
- Assisting with judicial reviews and appeals in case of refusals
Regardless of your current visa or immigration status, we can help you with your indefinite leave to remain application. To gain a better understanding of how this applies to your specific circumstances, we invite you to refer to our informative guide.
A member of our immigration team will assess your eligibility for ILR by considering the minimum period that you are required to hold residence in the UK before applying for indefinite leave to remain.
Indefinite leave to remain (ILR), also known as settlement, allows you to establish permanent residency in the UK. It grants you the right to live, work, study, and access benefits for as long as you desire. Furthermore, ILR serves as a pathway to apply for British citizenship. Most applicants can apply for ILR after meeting a residence requirement of five years, but this period can be shorter or longer, depending on your visa category and taking account of other factors such as the requirement of residence period in the UK. There are complex rules on extended absences from the UK during the period of residence. The residence requirement length depends on the following factors:
• Your visa category
• Your ability to maintain yourself financially
• Your marital status and, if you have a partner, your partner's nationality
• Your Immigration history
With the dedication of the best immigration team, your chances of a successful application for Indefinite leave to remain are higher.
There are various routes to apply for indefinite leave to remain, depending on your specific circumstances:
EU, EEA, or Swiss Citizens: If you or your family member is an EU, EEA, or Swiss citizen, you may be eligible to apply for settled status under the EU Settlement Scheme.
Working in the UK: If you hold a work visa, you may qualify for indefinite leave to remain. Generally, you must have resided and worked in the UK for five years. However, if you have a Tier 1 visa, the requirement may be two or three years. For Innovator or Global Talent visa holders, it can be three years. Additionally, meeting salary or financial requirements may be necessary, depending on your visa category.
The application process varies based on your visa type:
• Tier 2, T2, International Sportsperson, or Skilled Worker visa
• Scale-up Worker visa
• Global Talent, Tier 1 Entrepreneur, or Investor visa
• Innovator visa
• Representing an overseas business
• Turkish Worker or Businessperson visa
• Private servant in a diplomatic household with an International Agreement visa or a domestic worker
Having Family in the UK: If you have a partner, parent, child, or other relatives settled in the UK (either as a British citizen or someone with indefinite leave to remain), you may be eligible to apply for indefinite leave to remain. The application process depends on your visa type and your family member's settled status.
Alternative eligibility routes include:
• Application after the death of your partner
• Application due to the end of a relationship caused by domestic violence
Residing in the UK for 10 Years: If you have lived in the UK for ten years or more, you may be eligible to apply for indefinite leave to remain. There is a separate application process for individuals with a visa based on their private life, starting from June 2022.
Commonwealth Citizens: Commonwealth citizens who have resided in the UK for five years on a UK Ancestry visa may apply for indefinite leave to remain. Some Commonwealth citizens possess the "right of abode" in the UK, allowing them to live and work without immigration restrictions. You can check your eligibility to prove your right of abode in the UK. Additionally, you may be eligible for citizenship under schemes such as the Windrush scheme.
Other Eligibility Routes: You may be eligible for indefinite leave to remain if you fall under the following categories:
• Being a refugee or having humanitarian protection or Discretionary Leave
• Returning to the UK after holding indefinite leave to remain previously
• Serving in the armed forces
Determining your eligibility for indefinite leave to remain can be complex, and it is advisable to seek guidance from immigration professionals to navigate the process successfully.
The Life in the UK Test is mandatory for individuals applying for UK Indefinite Leave to Remain (ILR).
A number of exemptions can apply. You will not need to take the Life in the UK test if you:
- Are under 18 years of age or over 65; or
- Are suffering from a long-term illness or disability that severely restricts your mobility and ability to attend language classes; or
- Have a mental impairment which means that you are unable to learn another language.
To qualify for the exemption, you need to complete the online exemption form or provide a letter from a doctor confirming your condition. Visual or hearing impairments are unlikely to exempt you from the test.
Guidance states that "Life in the UK test centres can cater for a variety of disabilities, such as blindness. An applicant may be able to do the test even if they produce evidence of a disability". As such, you should contact your local test centre when booking your test to make a request to accommodate your disability or
specific needs.
Note that illiteracy is not an acceptable ground for exemption.
Passing the Life in the UK Test is a requirement for both indefinite leave to remain (ILR) and citizenship applications.
What is the English language test?
Most Indefinite Leave to Remain applicants will need to be able to demonstrate that they possess at least a B1 level of English in speaking and listening as set out by Common European Framework of Languages before they can be considered for being granted ILR in the United Kingdom.
The English language test can be taken at a number of different locations in the UK, and throughout the world. The test must be taken at an approved SELT test centre. If you are not exempt, you will need to include a certified UK test pass certificate from an accredited test centre in your application, or be able to show your test result online.
English language test exemptions
It is not an absolute requirement for Indefinite Leave to Remain to take the language test, and a number of individuals will be exempt. For example, if you are a citizen of a majority English speaking country, you will not need to take the required test for list of empted countries please click here
If an applicant has taken a degree or higher qualification in English at a recognised institution, they will not need to sit the test. Any ILR applicant who is aged 65 or over, or has a long-term physical or mental condition, will also not need to take the test to be granted ILR.
Other exemptions include those in the following circumstances:
An adult dependant between 18 and 64 who is present and has settlement status in the UK, including those under the UK government EU Settlement Scheme (EUSS), formerly permanent residence
A victim of domestic violence whose partner or spouse is a British citizen/has settlement status
Partner or spouse of a person who has died who was a British citizen/had settlement status
In addition to the ELT, ILR applicants may be subject to the Life in the United Kingdom test, sometimes known as the British Citizenship Test before they can be granted ILR.
Once you have submitted your application for indefinite leave to remain, the next steps involve providing biometric information and submitting supporting documents. Here are the details:
Biometric Information:
You will be required to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information, which includes your fingerprints and a photo.
Supporting Documents:
You have two options for submitting your supporting documents:
Online Upload: You can upload your supporting documents directly into the online application service.
UKVCAS Appointment: Alternatively, you can bring your supporting documents to your UKVCAS appointment, where they will be scanned and submitted.
For children aged 6 or over who are included in your application, their biometric information must also be provided.
Important Restrictions:
During the processing period, it is essential not to travel outside of the UK, Ireland, the Channel Islands, or the Isle of Man. If you do so, your application will be withdrawn.
Typically, you can expect to receive a decision on your application within 6 months.
However, if you opted for the 'super priority service,' you will receive a decision within 2 working days.
Alternatively, if you chose the 'priority service,' you will receive a decision within 5 working days.
Working days refer to Monday through Friday, excluding bank holidays.
In cases where the application is more complex and requires additional time, you will be contacted. Some examples of such situations include:
- Verification of supporting documents.
- The need for an interview.
- Unique personal circumstances, such as having a criminal conviction.
It is important to note that the above information may be subject to change, and you are advised to refer to the official UK government website for the most up-to-date guidelines and processes - for further details please click here.