Indefinite Leave To Remain (UK Settlement)

Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is a highly sought-after immigration status in the United Kingdom, granting non-British citizens the freedom to live, work, and study in the country without time constraints. 

To qualify for ILR, most applicants need to have lived in the UK for at least five years. However, in certain cases, you can apply after three or even two years of continuous residence. Various visa categories can lead to ILR, including Spouse Visas, Innovator Visas, and Skilled Worker Visas.

Obtaining ILR is significant as it offers the freedom to reside and work in the UK indefinitely, free from immigration control, and is the pathway to becoming a British citizen. It also enables eligible family members to join them in the UK. However, the path to obtaining ILR is not without its challenges.

The application process requires extensive documentation to prove eligibility. The requirements for ILR are stringent, and interpreting them within the context of individual circumstances can be difficult without prior experience. Errors or omissions in the application can lead to refusal, resulting in significant financial loss and dashed hopes.

Given these considerations, seeking professional guidance from an immigration solicitor can ensure your application has much better chances of a successful outcome.

Advantages of Indefinite Leave to Remain (ILR)

Obtaining Indefinite Leave to Remain (ILR) in the UK offers a multitude of benefits, providing individuals with enhanced security, stability, and access to various services.

Unrestricted Residency

ILR holders gain the right to live in the UK indefinitely without any time limitations, fostering a sense of permanence and belonging.

Unrestricted Employment

ILR grants unrestricted work authorization, eliminating the need for separate work permits and removing any restrictions on the type of work or working conditions. This empowers individuals to pursue diverse career paths and even establish their own businesses.

Access to Public Services

ILR holders enjoy equal access to the National Health Service (NHS) and other public services, ensuring comprehensive healthcare, social support, and other essential benefits.

Educational Opportunities

Equal access to education is also granted, enabling ILR holders to enrol in state schools and universities, potentially with access to student loans and grants.

Family Benefits

Children born to ILR holders in the UK automatically acquire British citizenship. Additionally, ILR holders can sponsor eligible family members to join them in the UK.

Pathway to Citizenship

Perhaps most notably, ILR serves as a crucial stepping stone towards British citizenship, allowing individuals to eventually apply for naturalisation after fulfilling the necessary residency requirements.

In conclusion, ILR is a valuable immigration status that provides numerous advantages and opportunities for individuals seeking to build a life in the UK. It not only grants the freedom to live and work without constraints but also opens doors to various public services, educational opportunities, and family benefits. Ultimately, ILR can pave the way for a future as a British citizen, solidifying one’s place in UK society.

Requirements and Eligibility

Securing Indefinite Leave to Remain (ILR) in the UK is a significant milestone for many immigrants, providing a pathway to permanent residency and, eventually, British citizenship. The fundamental requirement is to have lived lawfully in the UK for a continuous period, typically five years. 

In addition to this, applicants must meet the following general criteria:

• Continuous lawful residence: Maintain legal residency in the UK for the required duration, usually five years, without violating immigration laws or having a criminal record.
• Limited absences: Ensure absences from the UK do not exceed 180 days in any 12-month period during the qualifying period.
• Pass the “Life in the UK” test: Demonstrate knowledge of British culture, history, and traditions by passing a standardised test.
• English language proficiency: Prove sufficient English language skills by meeting the B1 level as defined by the Common European Framework of Reference for Languages.

Note that additional requirements may apply depending on the specific visa route and individual circumstances. For example, some applicants may need to meet financial or employment-related criteria.

To get the most accurate and up-to-date information regarding your eligibility for ILR, it is recommended to seek guidance from an immigration solicitor.

ILR Exemptions

There are categories of individuals who are not required to apply for Indefinite Leave to Remain (ILR) to obtain settled status in the UK. 

These exemptions include:

• Eligibility for British citizenship by descent or other automatic means: If you are eligible for British citizenship through ancestry or other automatic routes, you may not need to apply for ILR.
• Child dependents of British citizens or settled persons: Children who are dependents of British citizens or individuals with settled status are typically exempt from applying for ILR.
• Adult dependents requiring long-term care: Adult dependents who rely on the long-term care of a British citizen or settled person may also be exempt.
• Refugees resettled through the Gateway Protection Program: Refugees who have been resettled in the UK under this program are granted settled status without needing to apply for ILR.

It is important to note that these are just a few examples, and other exemptions may apply depending on individual circumstances.

Routes to Indefinite Leave to Remain in the UK

Receiving Indefinite Leave to Remain (ILR) is a major milestone for those seeking permanent residency in the UK. If you have been lawfully residing in the UK under a settlement visa, you may be eligible to apply for ILR once you meet the required residency period for your specific visa category. Additionally, applicants may need to satisfy a number of other requirements.

Visa Categories Leading to Indefinite Leave to Remain

1. Spouse Visa
2. Unmarried Partner Visa
3. Family Visa
4. Global Talent Visa
5. Innovator Founder Visa
6. Skilled Worker Visa
7. Sportsperson Visa (T2)
8. Minister of Religion Visa (T2)
9. Senior or Specialist Worker Visa
10. UK Ancestry Visa
11. Retired Person Visa
12. Long Residence
13. Returning Resident

Non-Traditional Routes to ILR

In some cases, individuals may qualify for ILR through non-traditional routes that do not require holding a specific visa.

Guidance for Your ILR Application

At Axis Solicitors, we offer expert guidance to help you ensure compliance with all relevant criteria and prepare your application to significantly enhance your chances of approval.

Contact us for a free initial consultation and let our experienced immigration solicitors assist you with getting your Indefinite Leave to Remain in the UK.

ILR Qualifying Period Requirements in 2024

The requirements for Indefinite Leave to Remain (ILR) in the UK vary depending on the applicant’s visa category and circumstances. 

Domestic Worker in a Private Household

• Qualifying Period: 5 years of continuous lawful residence.

Tier 1 Entrepreneur Route

• Status: Closed as of 29 March 2019.
• Qualifying Period: Existing visa holders can apply for ILR after 3 to 5 years, depending on business activities and achievements.

Tier 1 Investor Route

• Status: Closed as of 17 February 2022.
• Qualifying Period: Existing visa holders can apply for ILR after 2, 3, or 5 years, depending on their level of investment.

Retired Person of Independent Means

• Qualifying Period: 5 years of continuous lawful residence.

ILR after 5 Years Continuous Period

In most cases, non-EEA residents can apply for ILR after 5 continuous years of lawful residence in the UK. Typically, the following visa holders can apply for ILR after five years:

• UK Ancestry Visa
• Family Visa
• Spouse Visa
• Unmarried Partner Visa
• Skilled Worker Visa (formerly Tier 2)

Contact us for detailed guidance on these visa categories.

ILR with Less Than 5 Years of Residency

Certain visa categories allow for an accelerated pathway to ILR, requiring less than 5 years of residence:

1. Global Talent Visa
   • Qualifying Period: 3 years for those endorsed as exceptional talents.
2. Innovator Founding Visa
   • Qualifying Period: 3 years, depending on business achievements.
3. Commonwealth Citizens in the British Armed Forces
   • Qualifying Period: 4 years of service.

ILR after 10 Years Long Residency

Applicants can apply for ILR after 10 years of continuous lawful residence in the UK. The requirements include:

• 548-Day Absence Limit (Before April 11, 2024): Total absences from the UK cannot exceed 548 days within the entire 10-year period, and no single absence can exceed 184 days.
• 180-Day Rolling Absence Limit (After April 11, 2024): Applicants cannot have been absent from the UK for more than 180 days in any rolling 12-month period. This means any 12-month window within your 10-year qualifying period.
• Home Office Discretion: May be exercised for absences exceeding this limit.

In certain cases, the Home Office can exercise discretion if the absences exceed 540 days. It is advisable to seek legal advice in such circumstances to understand the potential impact on the application​

If your application for Indefinite Leave to Remain is due and you have exceeded the number of days you were allowed to remain outside the UK (under 10 years long residence), contact our legal team at Axis Solicitors to discuss your circumstances in detail.

Other Considerations

• Continuous Residence: Time spent in the UK must be lawful and under a valid visa. Breaks in residence or changes in visa status can impact eligibility.
• Specific Requirements: Certain visa categories may have additional criteria, such as financial thresholds or specific endorsements.

For the most accurate and up-to-date advice tailored to your specific circumstances, contact our legal team at Axis Solicitors.

Supporting Documents, Forms & Fees

Supporting Documents for ILR

To apply for Indefinite Leave to Remain (ILR), you must submit several supporting documents, both for yourself and any dependents included in your application. These documents must be original; however, if originals are unavailable, you can provide a clear explanation. In exceptional cases, the Home Office may accept alternative evidence.

Essential Documents

• Passport and Travel Documents: Include your current passport and any previous passports valid during your UK residence.
• Birth or Adoption Certificates: Provide proof of your identity and relationship to dependents.
• Proof of Absences: Submit documents accounting for any time spent outside the UK during your qualifying period, such as travel itineraries or tickets.
• Police Registration Certificate (if applicable): If you were required to register with the police upon arrival in the UK, include the certificate.
• Immigration History: Provide a comprehensive record of your immigration history in the UK.
• Financial Information: Submit bank statements or other financial documents to demonstrate your ability to support yourself and any dependents.
• Life in the UK Test Pass Certificate: Include the certificate as proof of passing the mandatory test.
• English Language Proficiency Certificate (if applicable): If not exempt, provide a certificate demonstrating B1 level English language proficiency.
• Passport-Sized Photographs: Submit two identical passport-sized photographs.

Application Forms

• Form Set (O): Used for most ILR applications, including those under work visas, UK Ancestry visas, and others.
• Form Set (M): Specifically for ILR applications based on being a partner or parent of a settled person in the UK.

Processing Times and Fees

• Standard processing time is typically six months.
• The ILR application fee is £2,885, with additional charges for priority or super priority processing.
• Biometric information registration costs £19.20.
• Dependants must each pay the full application fee.

Please note that this information is a general guide. Specific requirements may vary depending on your individual circumstances and visa category. Seeking advice from an immigration solicitor is strongly recommended for accurate and up-to-date guidance.

English Language Requirements for ILR

Demonstrating English Language Proficiency

To qualify for Indefinite Leave to Remain (ILR) in the UK, applicants typically need to demonstrate English language proficiency at the B1 level in speaking and listening, as per the Common European Framework of Reference for Languages (CEFR).

Providing Proof of Proficiency

Most applicants must provide evidence of their English language proficiency by submitting a certificate from an approved test provider or presenting online test results as part of their ILR application.

Exemptions from the English Language Requirement

Certain individuals are exempt from this requirement, including:

• Citizens of Majority English-Speaking Countries: This includes nationals of countries such as Antigua and Barbuda, Australia, The Bahamas, Barbados, Canada, Grenada, Jamaica, New Zealand, Ireland, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the USA.
• Applicants Aged 65 or Over
• Holders of English-Taught Degrees: Individuals with degrees or higher qualifications from accredited institutions.
• Individuals Under Humanitarian Protection
• Victims of Domestic Abuse
• Partners or Spouses of Deceased British Citizens or Settled Persons

If you fall into any of these categories, you may not be required to take the English language test.

Considerations

It is essential to recognise that exemptions and specific requirements can vary based on individual circumstances and visa categories. For the most accurate and current information contact our Immigration Solicitors at Axis Solicitors for a free initial consultation.

Absences From the UK and ILR Eligibility

To be eligible for Indefinite Leave to Remain (ILR), you must not have spent more than 180 days outside the UK in any 12-month period during your qualifying residency.

However, certain absences may be considered permissible and not count against the 180-day limit. 

These include:

• Conflict-related absences: Periods spent outside the UK due to conflict or war.
• Serious illness or family emergencies: Absences due to your own serious illness or that of a close family member.
• Natural disasters: If you were forced to leave the UK due to a natural disaster.
• Skilled Worker Visa holders in PhD-level occupations: Absences for work-related purposes if you are a Skilled Worker Visa holder sponsored for a PhD-level role.
• HM armed force reserve members: Certain overseas work undertaken by full-time reserve members.
• Global Talent Visa holders: Some absences may be permitted under specific circumstances.

It is advisable to maintain detailed records of all your absences from the UK during your residency, including purpose and duration. This documentation can be crucial in demonstrating that your absences fall under permissible categories and do not affect your ILR eligibility.

If you have exceeded the 180-day limit in any 12-month period, it is essential to consult an immigration advisor to assess your options and determine if any exemptions or waivers may apply to your case.

New 10-Year Route Absence Rules (2024)

The UK Home Office has updated its guidance (July 9, 2024) on the 10-year Long Residence route to Indefinite Leave to Remain (ILR). These changes impact how absences from the UK are calculated for those seeking ILR, especially for individuals whose qualifying period includes time before and after the rule changes implemented on April 11, 2024.

Key Changes

• 548-Day Absence Limit (Before April 11, 2024): Total absences from the UK cannot exceed 548 days within the entire 10-year period, and no single absence can exceed 184 days.
• 180-Day Rolling Absence Limit (After April 11, 2024): Applicants cannot have been absent from the UK for more than 180 days in any rolling 12-month period. This means any 12-month window within your 10-year qualifying period.

Transitional Arrangements and Record-Keeping

The updated guidance clarifies how these rules apply if your qualifying period spans both pre- and post-April 11, 2024. It is essential to carefully track your absences to ensure compliance.

Who is Affected?

These changes are particularly important for individuals who:

• Have been in the UK on various visas (such as student visas)
• Have accumulated enough residency to be eligible for ILR through the Long Residence route

Legal Advice

UK immigration law is complex. If you are considering applying for ILR through the 10-year route, we strongly recommend consulting with experienced immigration solicitors. For comprehensive legal assistance and personalised advice on your ILR application, please contact our team for a free initial consultation.

180 Days Limit for Settled Workers

As per the latest UK immigration policies, workers applying for Indefinite Leave to Remain (ILR) must ensure their absences from the UK do not exceed 180 days in any 12-month period. This regulation, effective from 11 April 2024, applies to all qualifying periods. Absences must align with the initial purpose of the stay, and short trips outside the UK during weekends or non-working days do not break the continuity of residence​​​​.

UK Annual Paid Leave for Settled Workers

Settled workers in the UK are entitled to a statutory leave of 5.6 weeks, equating to 28 days for those working a five-day week. Employers often provide 25 to 30 days of paid leave annually, which may include National Bank Holidays. For ILR applications, it is mandatory to submit a letter from the employer confirming that the paid annual leave aligns with UK statutory entitlements. This letter should also outline the worker’s normal working pattern and verify that any absences were during paid leave periods​​.

Mandatory Evidence for ILR Application

Applicants under the ‘settled work/Employment Visa category’ must furnish a letter from their employer as part of their ILR application. This letter must confirm that the paid annual leave is in line with UK statutory entitlements. It should also clarify the nature of any absences, ensuring they do not exceed the 180-day limit and are consistent with normal working paid leave. This documentation is crucial for validating that the qualifying period for ILR remains uninterrupted​.

Business Continuity

It is important to note that if the business employing the applicant ceases operations, any prolonged stay outside the UK could risk the applicant’s eligibility for settlement status. Maintaining continuous residence is essential, and extended absences must be justifiable and documented to avoid jeopardising the ILR application​.

By adhering to these guidelines, applicants can ensure their ILR applications are robust and meet all necessary requirements. For more detailed information, consult the official UK government resources (GOV.UK)​​ (GOV.UK) or take advantage of a free consultation from our immigration solicitors to properly explain how these rules affect your case and circumstances.

If Your Indefinite Leave to Remain Application Was Rejected

Receiving a refusal for your Indefinite Leave to Remain (ILR) application can be distressing, but there are several avenues available to address this setback and still secure permanent residency in the UK.

Understanding the Refusal

Your refusal letter from the Home Office will detail the reasons for rejection and inform you if you have the right to appeal or resubmit your application. Common grounds for refusal include errors or omissions in your application, failure to meet residency or language requirements, or not providing sufficient evidence.

Options Following an ILR Refusal

• Submit a New Application

1. 1. • Often the simplest solution is to rectify any mistakes or missing information by submitting a fresh ILR application. This approach is effective if your initial application was denied due to minor errors or incomplete evidence​​.

• Administrative Review

1. 1. • If you believe the refusal was due to an error in processing or a misinterpretation of the evidence provided, you can request an administrative review. This must be done within 14 days if you are in the UK, and 28 days if you are outside the UK. The process costs £80 and usually concludes within 28 days​​.

• Judicial Review

1. 1. • In cases where you believe the decision was unlawful or there were significant procedural errors, a judicial review might be an option. This process is complex and may be considered after consulting with an experienced immigration solicitor​​.

• Legal Appeal

1. • If you have strong grounds to believe the refusal was unjust, you can file an official appeal. This is usually handled by the Asylum and Immigration Tribunal and must be lodged within the time limits specified in your refusal letter​​.

Important Considerations

• Residency Requirements: Ensure you meet the residency requirements, including not spending more than 180 days outside the UK in any 12-month period during the qualifying period​​.
• Language and Life in the UK Test: Confirm that you have passed the required English language test (B1 level) and the Life in the UK test if applicable​.
• Criminal Records: Any unspent criminal convictions can adversely impact your ILR application. Ensure your records are clear or seek legal advice if this applies to you​​.

Seeking Professional Advice

Given the high stakes involved in ILR applications, seeking legal advice can significantly enhance your chances of success. Our immigration solicitors can help you understand the specific reasons for your refusal, and assist you in choosing the best course of action moving forward​​.