Indefinite Leave to Remain (ILR)

You may be eligible to apply for Settlement or ILR once you have lived in the UK for a specific period as required by the Immigration Rules.

If you need legal advice or assistance with your Settlement (ILR) application, speak to our highly experienced ILR solicitor in London on 0203 417 3700.

Page Contents

1. What is indefinite leave to remain (ILR)?
2. Types of ILR applications
3. What are the requirements for indefinite leave to remain?
4. Indefinite leave to remain document checklist
5. ILR application processing time
6. Immigration solicitors for ILR applications
7. Need Legal Advice & Assistance?

What is indefinite leave to remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent residency that allows foreign nationals to live and work in the UK without any time restrictions or the need for a visa. ILR is also commonly referred to as "settlement" or "permanent residency".

After holding ILR for a specified period, individuals may become eligible to apply for British citizenship if they meet certain requirements.

Types of ILR applications

Here are some common types of Indefinite Leave to Remain (ILR) applications:

• ILR based on a 10-year long residence
• Indefinite leave to remain after 5 years
• ILR as a skilled worker
• ILR as a health and care worker
• ILR as a spouse
• ILR as an unmarried partner
• ILR as a parent of a British child
• ILR as a refugee
• ILR for a child born & lived in the UK for 7 years
• ILR as a bereaved partner
• ILR as a victim of domestic violence
• ILR application refusal

What are the requirements for indefinite leave to remain?

Here are some common eligibility criteria that generally apply to most ILR applications.

Length of Residence

You must have lived in the UK for a specified period. The length of residence requirement can vary based on your immigration category. Common periods include five years, ten years, or less for specific visa routes.

Immigration Status

You must have held a valid and lawful immigration status throughout your residence in the UK. This means that you should not have overstayed your visa or violated immigration rules.

Absences from the UK

There are restrictions on the amount of time you can spend outside the UK during your qualifying period. Excessive absences, particularly during the last year of your qualifying period, may affect your eligibility for ILR.

Criminal Record

Applicants are typically required to demonstrate good character, which includes having no serious criminal convictions or breaches of immigration law.

English Language and Life in the UK Test

Depending on your visa category, age, and nationality, you may be required to pass an English language test and a "Life in the UK" test to demonstrate your knowledge of British culture, history, and language.

Financial Requirements

Some ILR applicants, such as those on family visas, may need to meet specific financial criteria, including minimum income or financial savings.

Relationships and Dependents

For certain categories, such as spouse or partner visas, you may need to prove that your relationship is genuine and subsisting, and any dependents should also meet the relevant criteria.

Private Life and Compassionate Circumstances

Some individuals may apply for ILR based on their private life in the UK or compassionate circumstances. These applications are considered on a case-by-case basis and may have specific requirements.

The requirements for obtaining Indefinite Leave to Remain (ILR) can vary depending on the specific immigration category under which you are applying. It is advisable to consult with an immigration solicitor for the most up-to-date and accurate information.

Indefinite leave to remain document checklist

You'll need to provide:

• Current valid passport
• Biometric residence permit (BRP)
• Evidence that you have been living in the UK continuously for the qualifying period
• Evidence of absence from the UK
• Evidence to prove your knowledge of English
• Life in the UK test certificate

Above is a general list of documents. You might need to provide additional documents depending on your circumstances and the type of your ILR application. Get in touch with our highly experienced immigration solicitors in London to get a comprehensive list of supporting documents for your ILR application.

ILR application processing time

ILR applications usually take between 3 to 6 months if applied using the standard service. However, it may take longer if your case is complex.

Immigration solicitors for ILR applications