Indefinite Leave to Remain (ILR)

Indefinite leave to remain (ILR) is British settlement or permanent residency in the UK.

After a UK visa holder has been in the UK for a specific period, they can apply for ILR in the UK and in some cases it can be very complex to obtain ILR. Our team of expert immigration solicitors can guide you through the process.

Contact Salam Immigration on 0161 839 7396 for immediate assistance with your situation. We’re here to support you in person, over the phone, or online.

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What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) allows you to live and work in the UK without any time restrictions, granting you the freedom to stay indefinitely. For Spouse Visa holders, achieving ILR is a significant milestone on the path to British citizenship. It enables you to exit and re-enter the country multiple times without limitations.

To apply for ILR after holding a Spouse Visa for five continuous years, you must meet specific criteria, including proving a genuine and subsisting relationship, meeting financial requirements, and passing the Life in the UK Test.

Our solicitors specialise in assisting clients through this critical transition. We provide expert guidance, ensuring all aspects of your application are meticulously prepared and aligned with the Home Office’s expectations. With our support, you can confidently take this important step towards permanent residency in the UK.

Get expert guidance—contact Salam Immigration today!

Requirements for Indefinite Leave to Remain (ILR)

To be eligible for Indefinite Leave to Remain in the UK, you must meet several important criteria:

You must not have any criminal convictions or have breached any immigration laws during your time in the UK.
Passing the Life in the UK test is mandatory, demonstrating your knowledge of British traditions, history, and culture.
You need to prove your ability to communicate in English at a B1 level, as outlined by the Common European Framework of Reference for Languages (unless you are exempt).
You should not have spent more than 180 days outside the UK in any 12-month period throughout your qualifying residency.

It’s crucial to be honest and transparent in all your interactions with the Home Office. Any instances of deception or false information in your applications or during your stay can lead to ineligibility for ILR and may result in further legal action.

When Can You Apply for ILR?

The qualifying period for applying for Indefinite Leave to Remain depends on your current visa category and individual circumstances. Importantly, you must have lived in the UK lawfully for the time to count towards your ILR eligibility.

For most applicants, a minimum of five years continuous residence is required. This typical qualifying period applies to those who have been living in the UK under the following visas:

Spouse or Unmarried Partner Visas (including civil partners)
Family Visas
Certain Work Visas, such as the Skilled Worker Visa

However, some visa categories have different residency requirements before you can apply for ILR:

Visa/Immigration Status	Minimum Time Requirement
Investor Visa (now closed to new applicants)	2-5 years (depending on investment amount)
Global Talent Visa	3 years
Innovator Visa	3 years
Skilled Worker Visa	5 years
Minister of Religion Visa	5 years
Sportsperson Visa	5 years
Spouse or Unmarried Partner (including Civil Partner) Visa	5 years
UK Ancestry Visa	5 years
Family Visa	5 years
PBS Dependant Visa	5 years
Retired Person Visa	5 years

Additionally, if you have lived in the UK lawfully for 10 continuous years under any combination of visas (including Student Visas), you may be eligible to apply for ILR based on long residence.

ILR Time Requirements Based on Immigration Status

There are several pathways to obtain Indefinite Leave to Remain (ILR) in the UK that don’t necessarily rely on holding a specific visa. These routes are often determined by your immigration status and personal circumstances. It’s important to note that some of these pathways may require a longer period of continuous residence in the UK compared to the standard five-year requirement.

Below are some of the immigration statuses and their corresponding minimum residency periods before you can apply for ILR:

Immigration Status	Minimum Time Requirement
Turkish worker or businessperson	5 years
Dependant adult or child of someone with settlement status/citizen	No minimum residence
Returning resident	May not have any requirement if returning to the UK within 3 years of departure
Discretionary Leave to Remain	6 years
Long residence and under 18	7 years
Long residence and over 18	10 years
Commonwealth citizen who has served in British Armed Forces	4 years
Individuals between 18 and 25 who have lived in the UK at least half their life	Up to 22.5 years

Calculating Continuous Residence

Determining whether you meet the continuous residence requirement for ILR can be complex but is a crucial part of your application. Only time spent lawfully in the UK counts towards ILR eligibility. Please note that periods spent in the Isle of Man or the Channel Islands do not contribute to the residency requirement for ILR.

The qualifying residency period is calculated by counting back from one of the following dates:

The date your ILR is issued.
The date you submit your ILR application.
A date up to 28 days after your application is submitted.

Who Doesn’t Need to Apply for Indefinite Leave to Remain?

Certain individuals may not need to go through the standard ILR application process or meet the typical residency requirements to obtain settlement in the UK. For example:

A child dependent of a British citizen or someone with settled status may be granted permission to stay in the UK without meeting the usual ILR criteria.
Individuals granted refugee status under exceptional circumstances may be allowed to remain in the UK without time restrictions, particularly those who have been resettled through programmes like the Gateway Protection Programme.

At Salam Immigration, our expert immigration lawyers are dedicated to assisting you with any queries related to Indefinite Leave to Remain. We understand that each case is unique, and we provide personalised guidance to help you navigate the complexities of UK immigration law.

Get expert guidance for your UK permanent residency today.

What are the Periods of Absence Requirements for ILR?

To be eligible for Indefinite Leave to Remain (ILR) in the UK, applicants must meet specific residency requirements, particularly concerning absences from the country. Generally, you must not have spent more than 180 days outside the UK in any 12-month period during your qualifying residency. Exceeding this limit may break your continuous residence and affect your ILR eligibility.

It’s important that any time spent outside the UK aligns with the reasons for your stay. For instance, short trips abroad for holidays or business purposes are acceptable, provided they fall within the 180-day limit. Keeping detailed records of your travel can help demonstrate compliance with these requirements.

Exceptions to the Absence Requirements

There are certain circumstances where absences exceeding the standard limit may not interrupt your continuous residence:

Absences due to exceptional circumstances like severe illness, natural disasters, or conflicts may be considered on a case-by-case basis.
Some visa holders, such as those under the Innovator or Global Talent visas, may have different absence allowances.
If your UK-based employer requires you to work overseas temporarily, this may not count against your residency, provided you can supply sufficient evidence.

It’s crucial to provide thorough documentation explaining any extended absences when applying for ILR.

English Language Test Requirement for ILR

Most applicants must prove their proficiency in English as part of the ILR application process. This involves demonstrating skills at B1 level or higher on the Common European Framework of Reference for Languages (CEFR) in speaking and listening.

You can meet this requirement by:

Passing an approved English language test at a recognised test centre.
Holding a degree taught in English from a recognised institution.
Being a national of a majority English-speaking country, such as Australia, Canada, or the USA.

Exemptions from the English Language Test

You may be exempt from the English language requirement if:

You are under 18 or over 65 years old.
You have a long-term physical or mental condition that prevents you from meeting the requirement.
You are a victim of domestic violence and your partner was a British citizen or settled person.
You are applying under the 10-year private life route.

Secure your future in the UK with Salam Immigration’s guidance.

Life in the UK Test

In addition to language proficiency, most ILR applicants need to pass the Life in the UK Test. This is a 45-minute exam consisting of 24 questions about British customs, history, laws, and political systems. A score of at least 75% is required to pass.

Preparing for the Test:

Study the official “ Life in the United Kingdom: A Guide for New Residents” handbook.
Take practice tests available online to familiarise yourself with the format.

Exemptions from the Life in the UK Test

You won’t need to take the test if:

You are under 18 or over 65 years old.
You have a long-term physical or mental condition that prevents you from taking the test.

Contact Salam Immigration today for expert guidance on your UK Spouse Visa application.

Documents Required for ILR Application

When preparing your ILR application, you’ll need to submit various documents to support your case. These may include:

Valid passport and any previous passports used during your stay in the UK.
Biometric residence permit (if you have one).
Proof of continuous residence: travel tickets, employer letters, or tenancy agreements.
Evidence of English language proficiency: test certificates or degree qualifications.
Financial documents: bank statements, payslips, or tax records to demonstrate financial stability.
Letters from employers confirming employment history and any work-related absences.
Life in the UK Test pass certificate.

Ensure all documents are in English or accompanied by a certified translation.

Assistance with Your ILR Application

Navigating the ILR application process can be complex. At Salam Immigration, our expert solicitors are here to guide you every step of the way. We offer:

Personalised advice tailored to your unique circumstances.
Comprehensive support with preparing and submitting your application.
Document checking services to ensure all requirements are met.
Representation in communications with the Home Office.

Ensure your UK Spouse Visa application meets all accommodation requirements.

Which Form Do I Need to Complete for ILR?

Once you have gathered all your necessary documents, you will need to complete the appropriate application form and submit it to the Home Office.

Form SET(M): If you are applying as the partner or spouse of a person, or the parent of a child who already has settled status in the UK, you should complete Form SET(M).
Form SET(O): For all other Indefinite Leave to Remain applications, including those based on work visas or long residence, you should complete Form SET(O).

It’s imperative that you fill out the application form fully and accurately, adhering to all guidelines. The Home Office may reject applications that do not meet the administrative requirements for ILR.

Please be aware that in certain circumstances, the Home Office might invite you for an interview after your application has been submitted.

Contact Salam Immigration for a professional legal review of your application.

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What Is the Biometric Residence Permit?

A Biometric Residence Permit (BRP) is an identification document issued to individuals granted permission to stay in the UK, including those with Indefinite Leave to Remain. You do not need to apply separately for the BRP; it will be provided automatically if your ILR application is successful.

The BRP contains important information such as:

Your name, date of birth, and place of birth
Your immigration status and any conditions of your stay
A photograph of your face and your fingerprints

Please note that BRPs are in the process of being phased out and will eventually be replaced by eVisas.

Contact Salam Immigration today for expert guidance on your ILR application and let us help you navigate the process with confidence.

What Is the ILR Application Fee?

The current fee for applying for Indefinite Leave to Remain is £2,885.

Additionally, there are other costs to consider:

Life in the UK Test: £50
English Language Test: Approximately £150
Document Translation Fees: If any of your documents are not in English, you may need to pay for professional translation services.
Failing to meet accommodation requirements

When Will I Receive a Decision on My ILR Application?

For standard ILR applications, the Home Office aims to make a decision within six months from the date your application is received.

This timeframe does not include the time taken to issue your Biometric Residence Permit. If your application is approved, you should receive your BRP within seven days of the decision.

If you require a faster decision, there are options available:

Priority Service: For an additional £500, you can receive a decision within 5 working days, if eligible.
Super Priority Service: For an extra £800, you can receive a decision by the end of the next working day (within 24 hours), if eligible.

How We Assist with Indefinite Leave to Remain (ILR) Applications?

Applying for Indefinite Leave to Remain (ILR) in the UK can be a complex process that demands strict adherence to immigration regulations. At Salam Immigration, our expert solicitors are dedicated to guiding you through each stage of your ILR application. Whether you’re applying after meeting the residency requirement, transitioning from another visa category, or seeking ILR for family members, we provide personalised support tailored to your unique circumstances.

We understand the significance of obtaining ILR and the challenges involved in the immigration process. Our team offers comprehensive assistance, from preparing and reviewing necessary documentation to ensuring compliance with all legal requirements.

With our in-depth knowledge of UK immigration laws, we aim to simplify the process, reduce stress, and maximise your chances of a successful outcome. Let us help you navigate the complexities of your ILR application with confidence and ease.

Our team of experienced immigration solicitors is based across the UK, including in London, Manchester, and Birmingham. You can also use our office finder to locate the branch closest to you.

We offer immigration advice sessions as face-to-face appointments at all our UK offices or via telephone consultations

How We Assist with Indefinite Leave to Remain (ILR) Applications
Requirements for Indefinite Leave to Remain (ILR)
When Can You Apply for ILR?
ILR Time Requirements Based on Immigration Status
Who Doesn’t Need to Apply for Indefinite Leave to Remain?
What are the Periods of Absence Requirements for ILR?
English Language Test Requirement for ILR
Life in the UK Test
Documents Required for ILR Application
Which Form Do I Need to Complete for ILR?
What Is the Biometric Residence Permit?
What Is the ILR Application Fee?
When Will I Receive a Decision on My ILR Application?

Legal Disclaimer

The information provided is for general guidance only and does not constitute legal advice. While we strive for accuracy, laws may change, and the content may not always reflect the latest legal developments. No guarantees are made regarding its accuracy or completeness, and we accept no liability for any reliance placed on it. We recommend consulting a qualified lawyer at Salam Immigration before making any decisions based on this information.

FAQ’s

What are the eligibility criteria for ILR?

To qualify for ILR, you must have lived in the UK for a specified period under an eligible visa category, pass the Life in the UK Test, and meet the English language requirements.

Can dependents apply for ILR along with me?

Yes, dependents can apply for ILR at the same time as the main applicant, provided they meet the eligibility criteria.

What happens if my ILR application is refused?

If your application is refused, we can advise you on potential appeal options or reapplication strategies.

How long does it take to process an ILR application?

The standard processing time is up to six months, but priority services may be available for faster decisions.

Do I need to take the Life in the UK Test for ILR?

Yes, most applicants must pass the Life in the UK Test unless exempt due to specific circumstances.

What documents do I need for an ILR application?

You will need to provide a valid passport, proof of residence, financial evidence, and other relevant documents to support your application.

Can I travel outside the UK while my ILR application is being processed?

It is generally advisable to avoid travelling outside the UK while your ILR application is pending, as it could affect the processing of your application.

How does ILR affect my ability to work in the UK?

Holding ILR allows you to work in the UK without any restrictions, similar to British citizens.

What are the benefits of obtaining ILR?

Benefits of ILR include the right to live and work in the UK indefinitely, access to public services and benefits, and the ability to apply for British citizenship after a qualifying period.

Can I lose my ILR status?

Yes, ILR can be lost if you spend more than two years outside the UK without returning, commit serious criminal offences, or if deportation action is taken against you.