At 1 Absolute Advisor, we understand that navigating the UK immigration system can be complex. If you’re looking to settle in the UK permanently, Indefinite Leave to Remain (ILR) is the key to your future. In this comprehensive guide, we’ll walk you through the essential information, requirements, and the process of applying for ILR in the UK.
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If you’re seeking expert advice or need assistance with your ILR application, our immigration specialists at 1 Absolute Advisor are here to help. Contact us today to begin your journey toward permanent settlement in the UK.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of permanent residency that allows individuals to live, work, study, and access public services like the National Health Service (NHS) without immigration restrictions. It’s the ultimate goal for many migrants to the UK, representing the last step before applying for British citizenship. Once granted, you can stay in the UK indefinitely.
Key benefits of ILR include:
- Unlimited living and working rights in the UK
- Access to public funds such as benefits
- Free healthcare through the NHS
- Freedom of movement in and out of the UK (with some conditions)
- Eligibility for British citizenship after holding ILR for at least 12 months
ILR Requirements
Before you apply for ILR, it’s important to ensure you meet all the necessary requirements:
- Continuous residence: You must have lived in the UK continuously for the required period.
- Good character: You should not have any serious criminal convictions.
- Life in the UK test: This test assesses your knowledge of British history, culture, and laws.
- English language proficiency: You must demonstrate a good understanding of English, typically at a B1 level or higher.
- Residency limits: You should not have spent more than 180 days outside the UK in any year of the qualifying period.
When Can You Apply for ILR?
The eligibility to apply for ILR is determined by the type of visa you hold. Generally, you must have lived in the UK for a set number of years on a valid visa before you can apply.
Five-Year Route
For most visa holders (such as Skilled Worker Visa or Spouse Visa), you can apply for ILR after five years of continuous residence in the UK. The following visas qualify for the five-year ILR route:
- Skilled Worker Visa
- Spouse Visa
- Family Visas (e.g., Parent or Child Visa)
- Tier 2 Visa
Ten-Year Route to ILR
If you’ve been living in the UK for ten years, you may be eligible to apply for ILR under the long-residence route. This applies to individuals who have held any visa type for this period, as long as you’ve maintained lawful residence in the UK.
Accelerated Route to UK Indefinite Leave to Remain
Certain visa holders may be eligible for an accelerated route to ILR. This allows them to apply for ILR after only two or three years. Common visa types under this route include:
For example, if you’re an entrepreneur with a thriving business or have made a significant financial investment, you could apply after just three years. Investor visa holders might qualify for ILR in as little as two years, depending on their level of investment.
Exemptions for UK Indefinite Leave to Remain Application
In some cases, ILR requirements may be waived or adjusted:
- Domestic violence: Spouse visa holders may apply for ILR earlier if their partner dies or if they are a victim of domestic violence.
- Age and health conditions: Individuals over 65 or with long-term health conditions may be exempt from certain language requirements.
- Nationality exemptions: Citizens from certain English-speaking countries (e.g., USA, Canada, Australia) may not need to prove their English proficiency.
How to Apply for UK Indefinite Leave to Remain?
Applying for ILR involves several important steps:
- Ensure eligibility: Make sure you meet the residence, language, and other requirements.
- Complete the online application form: Fill out the appropriate application form on the UK government’s official website.
- Pay the fees: This includes the ILR application fee and biometric residence permit (BRP) fee.
- Biometric appointment: Book an appointment at a UKVCAS center to provide your biometric details (fingerprints and photo).
- Provide documentation: Submit supporting documents, such as passports, proof of income, and the Life in the UK test certificate.
Documents Required for UK Indefinite Leave to Remain Application
- Passports or travel documents
- Birth/adoption certificates for dependents
- Police registration certificate (if applicable)
- Proof of income (e.g., payslips, bank statements)
- Life in the UK test certificate and English language qualification
- Evidence of absences from the UK
- Photographs (passport-sized)
Timeline for UK Indefinite Leave to Remain Application Decisions
It typically takes around 6 months to receive a decision on your ILR application. You can expedite this process by paying for priority services, which offer a decision in 1-5 days, depending on the service chosen.
ILR 180-Day Rule
The ILR 180-day rule requires that you do not spend more than 180 days outside the UK in any 12-month period during your qualifying residency period. Failure to adhere to this rule may delay or negatively impact your application.
ILR for Dependents
Dependents, including your spouse/partner and children under 18, can also apply for ILR, provided they meet the required criteria:
- Continuous residence
- English language proficiency (if required)
- Evidence of income and financial support
Financial Requirements for Dependents:
- £285 for a dependent partner
- £315 for the first dependent child
- £200 for any additional dependent children
British Citizenship After UK Indefinite Leave to Remain
Once you hold ILR status for at least 12 months, you may apply for British citizenship. To become a British citizen, you must:
- Be over 18
- Prove you’ve lived in the UK for five years
- Demonstrate good character and knowledge of the English language
- Pass the Life in the UK test
- Show intent to remain in the UK
ILR Application Refused
If your ILR application is refused, you have options to challenge the decision. You may appeal based on human rights grounds or request a judicial or administrative review if you believe the decision was made in error.
Common Reasons for Refusal of ILR Application:
- Criminal convictions or immigration violations
- Failure to meet residence requirements
- Providing false or incomplete information
- Failure to attend the biometric appointment
More About ILR
If you’re unsure about your eligibility or need assistance with your application, our team of immigration experts at 1 Absolute Advisor is available to help. We can guide you through the process to ensure your application is successful.
Frequently Asked Questions
How Much Does ILR Cost?
The ILR application fee can vary based on the type of application, but it generally costs between £2,404 and £2,800. Additional costs may include biometric fees and priority services.
What is the Earliest Time You Can Apply for ILR?
You can apply for ILR as soon as you meet the continuous residence requirement for your visa type. This is usually 5 years for most visa holders, but some visa categories may allow for a shorter duration.
Can ILR Be Revoked?
Yes, ILR can be revoked if you break immigration laws, commit serious crimes, or spend extended periods outside the UK. It’s important to comply with all residency requirements to maintain your ILR status. Contact Immigration Lawyers at 1 Absolute Advisor for a hassle free process.