Indefinite Leave to Remain (ILR) is a form of settlement available to overseas nationals.
Typically, you must have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK, or even two.
Many different types of immigration visas can lead to ILR including Spouse Visas, Innovator Visas and the Skilled Worker Visa.
Indefinite Leave to Remain enables a person to live in the UK without any restrictions, and is the first step towards naturalisation and full citizenship.
Typically, you must have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK, or even two.
Many different types of immigration visas can lead to ILR including Spouse Visas, Innovator Visas and the Skilled Worker Visa.
Indefinite Leave to Remain enables a person to live in the UK without any restrictions, and is the first step towards naturalisation and full citizenship.
What are the Indefinite Leave to Remain requirements and eligibility?
The specific requirements differ depending on the particular circumstances of the applicant, including the type of visa they hold.
The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.
The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:
The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.
The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:
- Lawful living in the UK for a certain period of time.
- No breach of immigration laws during your stay in the UK and no criminal record
- A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
- A pass in the Life in the UK test, which is a test based on British culture, history and traditions
- Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages.
Can I apply for Indefinite Leave to Remain after five years?
The amount of time you must have spent in the UK before you are eligible to apply for Indefinite Leave to Remain depends on your particular circumstances. In most cases, an overseas national can apply for ILR after five years of lawful residence in the UK.
Some of the visas which require five years of UK residence include:
Some of the visas which require five years of UK residence include:
- Spouse Visa
- Unmarried Partner Visa
- Family Visa
- Long-term Work Visas
- Skilled Worker Visa
- UK Ancestry Visa
Under certain circumstances you could be eligible for ILR status with less than five years of residence in the UK, including those residing in the UK under:
- Innovator Visa. Eligible after three years, depending on business achievements
- Entrepreneur Visa. Eligible after three years, depending on business activities. ( Please note that this visa is no longer in operation)
- Global Talent Visa. Eligible after three years if last endorsement was given under “exceptional talent” or “exceptional promise” criteria or under UK Research and Innovation fast track criteria
- Investor Visa (Tier 1). Eligible after two or three years depending on business activities
Periods of absence
Usually, you must not have spent more than 180 days outside of the UK in a 12-month period to be eligible for ILR status.
However, there are exceptions to this rule, for example, if you have been outside of the UK on business, or your time outside of the UK was due to exceptional circumstances.
If you were outside the UK for the following reasons, it will generally be accepted as permissible absence:
However, there are exceptions to this rule, for example, if you have been outside of the UK on business, or your time outside of the UK was due to exceptional circumstances.
If you were outside the UK for the following reasons, it will generally be accepted as permissible absence:
- Due to conflict
- Serious illness of the applicant or a close family member
- A natural disaster
- Skilled Worker Visa holder who has been sponsored to work in a PhD level occupation
- Work undertaken overseas by certain full-time HM armed force reserve members
- Some absences taken by applicants with a Global Talent Visa
Need assistance?
Applying for Indefinite Leave to Remain may be stressful and time-consuming. J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.
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