Indefinite Leave to Remain (ILR)

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:

• A partner
• A family member
• A certain type of worker (e.g Skilled Worker)
• On continuous and long-term lawful residence
• A person with Ancestry ties.

The dependent child of a British Citizen or a person who is a settled resident 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.

You can submit an application for Indefinite Leave to Remain as soon as you meet the eligibility requirements, you are not required to wait for your visa to expire. To apply for ILR you need to complete Form SET (O) or Form SET (M), depending on your circumstances.

Applications to settle in the UK must be completed online, you can find the application forms on the gov.uk website. If you are not confident with using a computer or do not have access to the internet, then you may be able to get help applying online. You also must already be in the UK at the time of your application.

As well as completing the initial application form, you must prove that you are able to meet all of the ILR requirements. 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.

To prove that you can meet the eligibility requirements, you will need to submit a substantial portfolio of evidence alongside your application form. Your supporting documents are a vital part of your ILR application, without the proper documents you could risk your application being refused by the Home Office. Our immigration lawyers can help you to gather all of the evidence that you will need. You can submit your documents by either uploading them into the online service or by having them scanned at your UKVVAS appointment.

As part of your application, you will also need to attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to enrol your fingerprints and facial image (known as biometric information) and obtain a Biometric Residence Permit. This permit will confirm your immigration status and entitlements to authorities and employers.

Once you have completed your ILR application, you can expect to receive a decision within 6 months.

Find out more about how to apply for Indefinite Leave to Remain.

Typically, you can apply for ILR after five years’ time as a resident 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.

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 guidelines, 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 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 the traditions, customs and history of Britain. 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 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 and remain in the UK. 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 including appeals in the event of a refusal. As the UK’s leading immigration experts, we have an exceptional track record in ILR applications.

Our services include:

• liaising with you in person, via phone or Skype at a time that suits you;
• assessing your eligibility for ILR
• checking your documents to ensure that they are sufficient for your application;
• preparing a Letter of Representation to accompany your application;
• liaising with the Home Office during your application process;
• completing your application to the highest standard to ensure there are no mistakes made;
• submitting your application to the Home Office
• helping you prepare for the ‘Life in the UK test’;
• helping you meet your English Language requirements.

Please do not hesitate to contact one of our immigration lawyers using our online contact form or call 0333 414 9244 for more information on ILR visas or applying for ILR.

According to the UK immigration rules, commonwealth citizens can be granted indefinite leave to remain if they apply and have been living in the UK for five years on a UK Ancestry visa.

Note that if you don’t have that visa, you can also apply through the usual ways if you qualify; the work visa, spouse visa, and other routes that count.

Furthermore, some citizens of the Commonwealth have ‘right to abode’ in the UK so they can live or work without immigration restrictions. Some may even be able to apply for British citizenship straight up.

You will have the right to stay, or, the ‘right of abode’ in the UK if you are: a British citizen, a citizen of Ireland, or, alternatively if you have settled or pre-settled status under the EU Settlement Scheme.

In some cases, select commonwealth citizens also have the same ‘right of abode’ in the UK.

Having the right to stay in the UK means you can live in the country free of immigration control.