What Is Indefinite Leave to Remain (ILR)?

Minimum continuous period

The requirements to qualify for the settlement/ILR vary depending on the applicant’s circumstances, including the nature of the visa (type of immigration route) they hold. For instance:

• Domestic Worker in a Private Household route, applicants are eligible to apply after lawfully living in the UK for 5 continuous years.
•  Entrepreneur – Tier 1 route—the qualifying period to settlement is 3 or 5 years.

•  Investor – Tier 1 route—applicants can qualify to ILR/settlement after 2,3, or 5 years provided they have met the requirements.

And the applicants with Retired Person of Independent route—the qualifying period to settlement is after 5 years.

Routes to ILR UK

If you have been abiding by the immigration rules and regulations whilst residing in the UK under a settlement Visa UK, you are entitled to apply for the ILR. The minimum threshold qualifying period depends on the kind of visa or immigration route you are holding, and these include:

• T1 Investor Visa (Tier 1)
• Tier 1 Start-up Visa
• Global Talent (Tier1 (exceptional Talent)
• Tier 1 Graduate Entrepreneur Visa
• Tier 1 Entrepreneur Visa
• Spouse Visa
• Family Visa
• Civil Partners
• Long residence
• Retired Person Visa
• Returning Resident
• T2 Ministry of Religion (Tier 2 Visa)
• Skilled Worker (Tier 2 (general)
• T2 sportsperson (Tier 2 (Sportsperson)
• Tier 2 Intra-Company Transfer Visa
• Representative of an overseas (Sole Representative Visa)

There are other routes that permit an applicant to become eligible for ILR. Find out more with our Axis Legal Advisors on 0800 048 7573 or feel free to drop an email: (contact@axis.lawyer).

ILR after 5-years continuous Period

As mentioned earlier, the minimum qualifying period to stand eligible for ILR /settlement depends on your current resident status and the type of visa you are holding in the UK.

In most cases, if you are non-EEA, whether you are residing outside/ inside the UK, then 5 -year continuous period of lawful residence is applied. Typically, the following visa holders can apply for ILR UK after five years of continuous period:

• UK Ancestry Visa
• Family Visa
• Spouse Visa
• Unmarried Partner Visa
• Fiancé Visa once the Switch to Spouse visa
• Business Visas

Contact us for detailed guidance on these visa categories.

ILR with less than 5 years of Residency

However, under particular circumstances, it is possible that the minimum threshold to qualify for ILR is less than 5 years of Residency in the UK, and these include:

• Tier 1 Global Talent Visa—applicants can apply for ILR UK only after three years of continuous residence in the UK. Provided the last endorsement was designated under the ‘exceptional promise/exceptional talent’ criteria for the British Academy or Royal Academy of Engineering or the Royal Society.
• Tier 1 Investor Visa – Investors can apply for settlement after 2,3 or 5 years, depending upon their level of investment.
• Tier 1 Entrepreneur Visa—can be eligible after 3 years depending upon Business activity.
• For citizens of the Commonwealth (those who served for the British Armed Forces), the qualifying period to ILR is after only 4 years.

ILR 10 years long residency

Once the applicants have completed their 10 years of continuous lawful residence in the UK they can apply for Indefinite Leave to Remain. The lawful residence period can be completed with various combinations of visa applications.

The applicants must not have more than 540 days of absence from the Uk in 10 years period.

However, in case of absences over 540 days, the Home office can exercise discretion in some instances.

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

Staying outside the UK— 180-days limit

To be eligible for the UK settlement status and Indefinite Leave to Remain, the absences must not be outside the UK for more than 180-days during the last consecutive 12 months period. Please bear in mind that the 180-days limit stipulates to include only whole days and any part days absence such as less than 24 hours are not included. Also, if the applicant had a single absence during the 12 months and arrived in the UK on the 181 days, the period doesn’t count towards exceeding the 180-day limit.

180-day absence rule exemptions—Compelling reasons

The applicants need to maintain a record of a minimum qualifying period to become eligible for the ILR status in the UK. The exemptions to the 180-day absence rule are applicable in certain circumstances (i.e., if you are out of the UK for business visits etc.) must be supported by compelling reasons when filing an ILR application.

Other compelling reasons include:

• Absences with Tier2 (General) Visa/Skilled worker Visa holders who are sponsored a PhD. Level occupation
• Due to Conflict
• `A natural disaster
• Any serious illness of the close family member they have paid a most recent visit to
• If the applicants take absences with Exceptional Talent Visa (Tier1)/ Global talent Visa holders

If the absence was due to the applicant assisting with a national or international economic or humanitarian crisis

Under exceptional cases, It is recommended for all the applicants to attach a document of evidence stating a sound reason for their absences. These could include the following:

• Birth/death certificates
• Medical certificates
• Evidence of travel crisis about the delays in entry to the UK

It is advised to keep a strong record of absences (period) spent outside the UK when applying for the ILR. The number of days can be counted backwards in the following ways: whichever is beneficial for the applicants:

• From the date of ILR application
• Any date up to 28 days after the application date or;
• Date of decision

UK annual paid leaves for settled workers

It is also mandatory to duly note for any applicant belonging to the ‘settled work/Employment Visa category’, the evidence (in the form of a letter) is required regarding the ‘paid annual leave’ must be ‘in line with UK annual paid leaves entitlement to settled workers’. For some, the employers provide the legislative paid annual leave of up to 5.6 weeks paid holiday each year which for those working 5 days a week is 28 days of paid leave. While for many, the employer’s contract offers 25-30 days paid leave per year (including National Bank Holidays), so it must clarify in the letter with the ILR application.

As per immigration policy, to qualify for ILR status, any stays outside the UK during the ‘weekends or non-working period’ do not break the continuity of leave. However, these reasons must be stipulated clearly within your employment contract/ letter to be provided with the ILR application in case of absences from the UK during the minimum qualifying period to UK settlement. This will validate that any absences under the ’employment category’ are considered as normal working paid leaves and that it does not disturb the pattern of the minimum qualifying threshold (180- days limit).

It is also important to understand that if the business no longer exists, any extended period of stay out of the UK is not permissible, and applicants shall lose the right to apply for the UK settlement status.

Indefinite Leave to Remain application—Supporting documents.

Generally, the following evidence must be provided for your Indefinite Leave to remain application:

• A valid passport or a travel document including the old passport provided it was valid during the time of your Residency in the UK during/ before the date of ILR application.
• A Travel History if any, if you have immigrated to the UK in the past under any Visa category
• A certified pass certificate of ‘Life in the UK’ test
• A certified pass certificate of English Proficiency (B1 level as specified by the CEFR)
• Adoption/birth certificates (if applicable)
• A police registration certificate, for those who are required to register with the police during their arrival in the UK
• A travel proof, confirming any time spent outside the UK during your residency period.
• Financial information such as bank statements, etc.
• Any other relevant documentation that would be relevant to your specific visa category
• Immigration history