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Indefinite Leave to Remain, often called ILR, is a form of permanent settlement. It grants a person the right to work and live in the UK for an unlimited amount of time. You can apply for Indefinite Leave to Remain if you have been living in the UK with a Settlement Visa, usually called an ILR Visa. Types of Settlement Visa include Spouse Visas and Work Visas, Business Visas and Dependant Visas. To make an ILR application, you usually need to have been living in the UK for five years, but in certain cases, it is three.
The standard Indefinite Leave to Remain forms are called the Set (M) Form and Set Form (O). The Set M form can be used when applying for ILR on the basis that they are the partner of a person who is already settled in the UK or a British citizen. The Set O Form is used by anyone else who is making an Indefinite Leave to Remain application. This could include those on other Settlement/ILR Visas, like entrepreneurs, students and professionals with Work Permits.
The ILR processing times vary and can take up to six months to process in full. Once someone has held ILR for 12 months, they can switch from ILR to citizenship. This process is called naturalisation.
We can assist you throughout your ILR application to ensure that you meet these requirements. Our services include a full document check and the completion of your application form to a high standard. Your lawyer will also write a Letter of Representation, which will be sent to the Home Office with your application. It also makes reference to any UK immigration laws or other immigration cases which support your application. We will also help you prepare for your ‘Life in the UK test’ and liaise with the Home Office for you.
Call 0333 363 8577 or Get in touch online now to speak to one of our immigration lawyers about your application for Indefinite Leave to Remain.
You can get Indefinite Leave to Remain in the UK through various routes. Most commonly, these are when you are in the UK with permission as one of the following:
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 to remain.
Find out more about the ILR requirements
To apply for ILR you can use Form SET (O). 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 residing in the UK as a refugee.
You will need to demonstrate your knowledge of the English language and UK life by passing the Life in the UK test and meeting the English Language requirements. You will not need to pass the English Language requirements for ILR if you hold a recognised qualification in English, have a degree that was taught or researched in English or you are a national of an English-speaking country.
As part of your ILR application, 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.
Find out more about how to apply for Indefinite Leave to Remain
The Home Office Indefinite Leave to Remain fee is £2,389 per applicant.
It also costs £19.20 to register biometric information, which is an essential part of the ILR application process.
The 2019 ILR fees and costs have not changed from the previous years, unlike many other immigration applications.
Most typically, you can apply for Indefinite Leave to Remain after five years’ continuous residence in the UK.
However, for some applicants, you may have to wait as long as 10 years before you can apply for your ILR Visa. This will depend on the type of visa you have been using to live in the UK, as well as a number of other requirements.
Read more on how to apply for Indefinite Leave to Remain after five years.
A person could lose ILR if they leave the UK for two years or more while they hold ILR status. Sometimes, they may be allowed to really for ILR so that they can return to the United Kingdom.
If you are a returning resident, meaning you have left the UK for an extended period and then returned, you should make sure that your time spent outside the UK does not breach ILR guidances, and stays lower than five years.
An ILR card is a name given to the document you will receive when you make an application for ILR.
You must also satisfy a number of requirements to get an ILR card. As of October 2013, this includes passing a speaking and listening qualification in English for Speakers of Other Languages (ESOL qualification).
The card/certificate you receive when you get Indefinite Leave to Remain can be used as proof of your settled status when making job applications, renting property and applying for British citizenship.
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, customs. history and culture. 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 of 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 test or ILR visa.
It is highly likely that any unspent convictions will affect 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 strongly 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 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 six months, although in limited circumstances you may be able to switch to a different visa category.
You must also apply to extend your stay before your existing permission expires – as an overstayer will risk an order for enforced removal.
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 applications.
Our services include:
Please do not hesitate to contact one of our immigration lawyers using our online contact form or call 0333 363 8577 for more information on ILR visas or applying for ILR.
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