Indefinite Leave to Remain (ILR)

What is Indefinite Leave to Remain (ILR) in the UK?

Indefinite Leave to Remain is known to some as settlement or permanent residence, and this residency process allows overseas nationals to settle in the UK permanently. There are different ways to qualify for Indefinite Leave to Remain based on your circumstances and the length of time you have been in the UK. 

What are the different categories to Indefinite Leave to Remain? 

The various routes to Indefinite Leave to Remain and these applications include the following:

  • Family visas – Spouse visa / Civil Partner visa / Unmarried Partner visa / Child / Parent – Set(M)

This settlement is achievable after a 5 or 10 year period in the country. Whether it is a 5 or 10 year period depends on the applicant meeting the requirements of the rules. Generally, it is a 5 year route, but failure to fulfil the requirements will lead to a 10 year route. A child or parent may also qualify for settlement and the period in terms of the 5 or 10 year route is dependent on the circumstances. 

  • Work visas – Skilled Worker / Global Talent visa / Investor visa (Tier 1), PBS Tier 2 – Set(O)

In the majority of cases, settlement can be obtained after 5 years but can be less in some cases dependent on the type of visa held. Leave held under different visas can sometimes be combined. 

  • UK Ancestry Visa – Set(O)

The required period to apply for a settlement under this category is 5 years. 

  • Long Residence – Set(LR)

This applies to those who have been living in the country lawfully for 10 years. The applicant will need to prove continuous residence in the UK for that period under any type of visa or a combination of visas. 

Key Contact:

Steph Revelle

Director

Steph Revelle

Hi everyone, and welcome. I’m the Founder and Director of Your Immigration Solutions. Whether you’re an individual or a corporate company, I’m here to help you with your entire visa application process.

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Frequently Asked Questions

What are the eligibilities and requirements for Indefinite Leave to Remain application? Cross Icon

The specific eligibility requirements for Indefinite Leave to Remain depend on the category in which you are applying for. Most routes will have a minimum residency period requirement, for example the applicant applying under the spousal category must have resided in the UK for at least 5 years in addition to fulfilling the other requirements. 

 

The general requirements for Indefinite Leave to Remain are based on:

 

  • Living lawfully in the UK for a certain period
  • Not in breach of immigration law and no criminal record
  • Meet ‘continuous residency’ requirements 
  • Meet minimum financial requirements (if applicable)
  • No absences outside the UK that exceeds 180 days in a 12-month period during qualifying period (this is more relevant to work, investment, and business settlement routes. The family migration routes such as spousal visa do not have explicit limitations concerning the maximum number of absences from the UK, but it will be considered when applying for British citizenship. It is therefore strongly advised to consult an Immigration lawyer for further advice on this matter)
  • A pass in the ‘Life in the UK’ test
  • Show proof of English Language proficiency (nationality from English speaking country, pass B1 level English test from an approved English Language provider, an accepted English Language degree)

 

It is vital to note that if you live outside the UK for more than 2 years, the Indefinite Leave to Remain status can be revoked.

What type of documents to provide when applying for Indefinite Leave to Remain (ILR)? Cross Icon

The type of documents required for ILR varies depending on the circumstances in relation to the visa type held. Generally, you will be expected to provide the following documentation (this list is non exhaustive):

 

  • Your current passport or travel document
  • Your current leave to remain status (your visa / BRP copy)
  • Any absences from the UK
  • Financial requirements (meeting minimum requirements – payslips, bank statements)
  • Housing requirements (if applicable)
  • English Language proficiency (B1 level) and ‘Life in the UK’ test

What are Indefinite Leave to Remain (ILR) fees? Cross Icon

The current fee for ILR is £2885 per applicant. If you are applying with your family members, each member will also need to pay the full fee. 

 

An expedited service is also available if you require a quicker decision and is subject to availability on the day of submission. It costs an additional £800 for the super priority service (within 24 hours) and £500 for the priority service (within 5 working days).

Do I have to pay for Immigration Health surcharge (IHS) fee when applying for ILR? Cross Icon

There is no health surcharge to pay in Indefinite Leave to Remain application. However, if you applied for ILR but being granted limited leave to remain instead, you may be required to pay the IHS fee. Additionally, you will be exempted from paying the IHS fee as well when applying for a British citizenship. 

How long does the process of applying for an Indefinite Leave to Remain (ILR) take? Cross Icon

The standard processing time for ILR can take up 6 months. By paying an additional £800, you can opt for a super priority service (decision within 24 hours) and for an extra £500, a priority service (within 5 working days, where eligible). Super priority service has a limited number of slots available per day for Set (LR) applications. Availabilities of these services are offered daily, and you can opt for it where available during submission and payment. 

What happens if my Indefinite Leave to Remain application is refused? Cross Icon

There are various options to consider and depending on the immigration category you have submitted your application, these are the possible solutions:

 

  • Resubmit your ILR application
  • Appeal against the decision (provided you have a valid Human Rights claim)
  • Lodge an Administrative Review (to challenge case working errors)
  • Issue Judicial Review proceedings (a last resort remedy to seek a review at the courts on the lawfulness of the decision made by the Home Office / UKVI)

 

Contact us for the best steps to take based on your circumstances.