Limited Leave to Remain

What is Limited Leave to Remain in the UK?

Limited leave to remain refers to the immigration status of non-UK nationals who have permission to stay in the UK with a visa until its expiration. This is unlike Indefinite Leave to Remain, which gives holders permission to stay in the UK for an unlimited period of time without a visa.

Who Has Limited Leave to Remain?

If you have an approved UK visa that permits you to stay in the UK for a limited period of time, you have limited leave to remain. Below are the categories of visas and permits that give you limited leave to stay in the UK:

• Work visas include the Health and Care Worker Visa, Graduate Visa, Skilled Worker Visa, Global Talent Visa, Seasonal Worker Visa, Senior or Specialist Worker Visa, and Youth Mobility Scheme Visa
• Student Visa
• Visitor Visa
• Family visas like the Child or Spouse Visa
• EU citizens with settled or pre-settled status
• Business visas like the Innovator Founder Visa
• British National (Overseas) Visa

How to Apply for a UK Visa

You must apply for a UK visa online to get limited leave to remain. This involves submitting supporting documents and fingerprints at an application centre nearest to you.

If you are outside the UK, it takes around 3 weeks to get a decision on work, study and visit visa applications and 24 weeks for family visas.

If you are applying inside the UK, work, visit, and study visas, take 8 weeks to process, while family visas can take between 8 and 56 weeks.

In some cases, the processing time can be expedited at an additional cost. The cost is £500 for the priority service and £1000 for the super-priority service to get a visa decision in 5 days or 1 day, respectively.

How Long is Limited Leave to Remain?

If you hold limited leave to remain, you’ll need to keep meeting the conditions of your visa, or you may be asked to leave the UK. The duration of your leave to remain depends on your visa.

• Student visa holders can stay in the UK for 1-4 years, depending on their level of study: 4 years for undergraduate study, 1-2 years for Masters, and 3 years for PhD
• Work visa holders can stay for 3-5 years
• Visit visa holders can stay a maximum of 6 months in 1 year

Limited Leave to Remain Benefits and Entitlements

Limited leave to remain and benefits attached to the permission are listed below:

Healthcare

If you have limited leave to remain in the UK, you can access the healthcare provided by the National Health Service (NHS). However, healthcare is not free. While making a visa application, students and children must pay £776, while adults must pay £1035 per year for the visa duration. You are exempted from paying the fee if you are applying for a Health and Care Worker Visa or if you are an EU citizen with a PRC, S2, or EHIC. This fee is called the Immigration Health Surcharge (IHS).

If you do not pay this fee while applying for a visa, the UKVI will contact you, and you’ll have to pay within 7 working days, or your application will be denied. If you will stay in the UK for less than 6 months, you do not need to pay the IHS fee. However, you will pay for any healthcare service you use in the UK.

Education

You can study in the UK if you hold limited leave to remain. Foreign nationals on a Visitor or Student Visa can study full-time. Work visa holders can only study part-time while ensuring their studies don’t affect their jobs.

Employment

Whether you can work in the UK if you hold limited leave to remain depends on your visa type. Non-UK nationals on a Visitor Visa cannot work in the UK. On the other hand, students are only permitted to take up part-time roles of no more than 20 hours per week. They can only work full-time while on study break. If you are on a work visa, you must have a valid sponsor to keep working in the UK. Partners of UK citizens with 30 months limited leave to remain can be employed in the UK without requiring sponsorship.

Travel Permission

You can travel in and out of the UK without issue as long as your visa is valid. However, if you are looking to stay in the UK and get Indefinite Leave to Remain and citizenship, you must not be out of the UK for more than 180 days in a year.

Limited Leave to Remain Restrictions

If you are on a UK visa, you are subject to immigration control, and restrictions apply. The restriction also depends on your visa category:

Social Welfare Support

This restriction applies to everyone with limited leave to remain. You cannot access social welfare support or public funds. This can be accessed only when you have indefinite leave to remain.

Restrictions on Coming to the UK with Dependents

Work visas ( like the Skilled Worker Visa and Global Talent Visa) and family visas allow applicants to come to the UK if they meet the financial requirements to support their family.

With the exception of masters by research and doctorate, students coming to the UK are not permitted to come with family. This restriction also applies to non-UK nationals with a Health and Care Worker Visa.

Route to Settlement

Not all UK visas lead to permanent settlement in the UK. Only time spent on certain work visas and family visas count towards getting indefinite leave to remain. If you do not hold a visa eligible to count towards ILR, you may need to switch to another pathway to settle permanently in the UK.

What to Do Before Your ‘Limited Leave to Remain’ Expires

Below are some of the legal options if your limited leave to remain is about to expire:

• You can apply to extend your stay. This applies only if your visa can be extended or renewed, such as the Skilled Worker Visa, the Global Talent Visa, or the Innovator Founder Visa. You must continue to meet the visa requirements and stay in the UK until a decision is made on your application
• You can apply for permanent residency via the Indefinite Leave to Remain route. You can only apply if your previous permit provides a route to settlement and you have reached the qualifying period on such a visa
• Leave the United Kingdom. You’ll have to leave if your visa has expired and you have not made any application to extend or switch

It’s important to take action before your limited leave to remain expires. Failure to do so may lead to you being asked to leave the UK. Overstaying is a serious offence and an immigration law breach will negatively affect future immigration plans. It will reduce your chances of getting another visa to the UK or other countries like the US, Canada, Australia, and New Zealand.

Limited Leave to Remain UK to Indefinite Leave to Remain

To move from limited leave to remain to Indefinite leave to remain (ILR), you must have been living in the UK on an eligible visa. Below are the visas with pathways to ILR:

• Work Visas: This excludes temporary and seasonal work visas and includes Global Talent, Skilled Worker, Health and Care Worker, and Innovator Founder visas
• Family Visas: This is for partners and children of UK nationals or ILR holders
• Asylum: If you are a protected refugee living in the UK, you can apply for ILR

Eligibility

To move from limited leave to remain to indefinite leave to remain, you must meet the following eligibility criteria:

• Pass the Life in the UK test. This test assesses how much you know about British life. The test costs £50, and you can get materials from the Home Office for practice. You are given 45 minutes to answer 24 questions. This requirement is waived if you are under 18, above 65, or have any impairment that will prevent you from passing the test
• Meet the residency requirement of 2 to 10 years, depending on your visa type
• Prove that you have been a legal resident in the UK for the length of your stay. You’ll need to show your British resident permit to prove this
• Prove that you meet the English language requirement by presenting a degree acquired in the UK or passing a recognised English Language test
• Show that you have not lived outside the UK for more than 6 months in 1 year throughout the qualifying residency period
• You also need to show that you are a law-abiding citizen. Your application may be refused if you have a criminal record of an offence that led to your being remanded in custody for 12 months or more

Benefits of Obtaining ILR

Below are some benefits you can gain from obtaining ILR in the UK:

• You can leave and re-enter the UK at will
• You can study or work in the UK as long as you want without needing a visa and an eligible sponsor
• You can access public funds and social welfare support
• You can access free healthcare from the NHS without paying the IHS fee
• You can bring your family members to stay with you in the UK until they qualify to apply for ILR or British citizenship
• You can apply for British citizenship after holding Indefinite leave to remain for 1 year

Application Process for ILR

To apply for ILR, follow the steps below:

Gather Supporting Documents

The documents you need for this application are:

• Your passport, issued within the last 10 years, with previously granted visas
• Marriage and birth certificates, if you are applying with family
• Police clearance certificate to prove you have not been convicted of a criminal offence
• Evidence of tax payment
• Employment letter
• Life in the UK test reference number
• English language test reference number or Ecctis-certified degree certificate
• Lease, rent, or property deed showing your address in the UK
• Pay slips to prove you meet the financial requirements
• Completed application form
• Biometric residence permit

Complete the Application Online

You must submit your application online. If you are applying as a family member of a British national or ILR holder, you must complete Form Set (O); otherwise, Form Set (M). You’ll also submit your documents online and pay the application fee.

Schedule and Attend a Biometric Collection Appointment

After applying online, schedule a biometric collection appointment with UKVCAS. Take your passport with you to your appointment.

Wait for a Decision

After your biometric appointment, wait for a decision. Do not leave the UK until you get a decision, or your application will be withdrawn.

How Can IAS Help You?

At IAS, we have a team of expert immigration lawyers who can give you the bespoke advice and support needed to accomplish your immigration goals.

Our lawyers can assist you if you want to apply for a UK visa or ILR. We can assess your eligibility, help you gather your supporting documents, and make the application on your behalf.

We have a track record of success, and we can help you realize your immigration dreams. To speak to one of our immigration experts, call +44 (0)333 414 9244 or send a message online now.