Indefinite Leave to Remain (ILR)

If you are already in the UK you can make various applications to apply for leave to remain here, either on a temporary or permanent basis. The Immigration Advice Service are experts in immigration law and have the experience and expertise to assist you with your application for Indefinite Leave to Remain (ILR).

Settlement – if you are a foreign national who is subject to immigration control but have lawfully lived in the UK for a certain length of time, you may be able to apply for permission to settle here permanently. This is known as Settlement or Indefinite Leave to Remain (ILR).

Given that a successful application will grant you permanent residency in the UK, there are strict criteria set out under the Immigration Rules that you must satisfy. Your right to apply for settlement will depend on your current immigration category and whether you continue to meet the criteria for that category.

You can qualify for ILR through various routes, most commonly where you are in the UK with permission as a partner, family member, certain workers, continuous and long-term lawful residence and those with ancestry ties. The dependent child of a British citizen or a person who is settled in the UK may be given immediate permission to remain indefinitely, and refugees who are resettled in the UK through the Gateway Protection Programme will automatically be granted immediate permission (click here for Claiming Asylum).

To make an application you must already be in the UK and in many cases will need to demonstrate a knowledge of language and life, although certain applicants are exempt from this requirement including children (under 18), parents, grandparents and other dependent relatives of people present and settled in the UK, or those resident in the UK as a refugee. You can demonstrate your knowledge of language and life by passing the Life in the UK test, and either having a recognised qualification in English, having a degree that was taught or researched in English or being a national of an English-speaking country.

As part of your application for ILR you will need to enrol your fingerprints and facial image (known as biometric information) and obtain a biometric residence permit. This will confirm your immigration status and entitlements.

Further Leave to Remain – if you do not yet qualify for ILR you may be able to extend your existing visa temporarily. This is known as Further Leave to Remain. If you came here as a visitor, in most cases you cannot extend your permission to stay beyond 6 months although in limited circumstances you may be able to switch to a different immigration category. You must also apply to extend your stay before your existing permission expires as an overstayer will risk an order for enforced removal.

Returning Residents – your settled status may be lost if you have lived abroad for a continuous period of 2 years or more.

Here at IAS we can assist with all applications for Further and Indefinite Leave to Remain in the UK, including appeals in the event of a refusal. As the UK’s leading immigration experts, we have an exceptional track record in Indefinite Leave to Remain (ILR) applications.

Frequently Asked Questions – Indefinite Leave to Remain (ILR)

I am applying for Indefinite Leave to Remain (ILR), do I need to sit the Life in the UK Test?

Yes, you will need to sit the Life in the UK test as part of your application for citizenship or settlement if you are between the ages of 18 and 65. The test is a standard exam that is geared to test your knowledge of British traditions and customs. To pass the test and make sure you satisfy this section of the eligibility requirements for Indefinite Leave to Remain, you must score 75% or above. There is a fee to take the test and you must pay the fee for every attempt at the test you make, although you may take it as many times as you need to. If you would like any further information on how to prepare for the Life in the UK test then contact one of our experienced immigration lawyers who would be happy to help with your application.

I am applying for Indefinite Leave to Remain (ILR), is my Life in the UK Test certificate enough?

No, unfortunately passing the Life in the UK test is not sufficient on its own to qualify for Indefinite Leave to Remain in the UK. You must also satisfy a number of other requirements including, as of October 2013, passing a speaking and listening qualification in English for Speakers of Other Languages (ESOL qualification). For full details of the requirements for Indefinite Leave to Remain (ILR) and to ensure your application complies with all requirements speak to one of our friendly immigration lawyers who would be happy to advise on all aspects of your ILR application.

I have some unspent convictions, will this affect my Indefinite Leave to Remain (ILR) application?

It is highly likely that any unspent convictions will effect your application for Indefinite Leave to Remain (ILR), under the suitability requirements, although this does depend on the type of conviction and the individual circumstances. If the conviction is spent then there is still a chance that this could affect your ILR application, again, this will depend on the type of conviction. We would recommend talking to an immigration specialist about your conviction before putting together your application to ensure you have the best possible chance of success.

If you’re unsure whether you qualify for Indefinite Leave to Remain in the UK, or you’re ready to begin your application, you can request a call back below:

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