UK: A Comprehensive Guide To Indefinite Leave To Remain

• What is indefinite leave to remain?
• How can I get indefinite leave to remain? Different routes to obtaining ILR
• The benefits of indefinite leave to remain
• Meeting the requirements for indefinite leave to remain
• How to apply for indefinite leave to remain
• Frequently asked questions

Before we explore the intricacies of ILR, let's first understand what it entails.

What is indefinite leave to remain?

Indefinite leave to remain is an immigration status in the United Kingdom that allows individuals to live and work in the country without any restrictions. It grants you settlement status, which means you are no longer subject to immigration restrictions.

Obtaining indefinite leave to remain comes with numerous benefits that make it an attractive option for those seeking to settle in the country. Indefinite leave to remain provides individuals with the freedom to live and work in the UK indefinitely, without any time limitations.

This means that ILR holders can enjoy the same rights and benefits as British citizens, such as access to public services and healthcare.

How can I get indefinite leave to remain? Different routes to obtaining ILR

Indefinite leave to remain is not granted automatically and there are various routes to obtaining it, each with its own set of requirements. The most common routes include through employment, marriage or civil partnership, long residence, and certain visa categories.

Visa categories

If you have a work visa in the UK, you may be eligible for indefinite leave to remain. Usually, you must have lived and worked in the UK for five years. However, if you have a tier 1 visa, it can be 2 or 3 years. An Innovator Founder or Global Talent visa, can apply after three years.

You may also need to meet the salary or financial requirements, which will depend on your visa.

If you meet the requirements and have been continuously employed in the UK for a specified period, you may be eligible to apply for ILR through this route.

Marriage or civil partnership

If you are married to or in a civil partnership with a British citizen or settled person, the partner route may be available. This route allows you to apply for indefinite leave to remain based on your relationship. This route requires meeting specific eligibility criteria and providing evidence of a genuine and subsisting relationship.

Long residence

If you have been living in the UK for an extended period, the long residence route may be applicable. This route is for those who have legally resided in the UK for at least 10 years and can demonstrate strong ties to the country. It requires providing evidence of continuous residence, good character, and knowledge of the English language and life in the UK.

The benefits of indefinite leave to remain

Indefinite leave to remain offers a sense of security and stability that temporary visas do not provide. With ILR, individuals no longer need to worry about renewing visas or meeting ongoing immigration requirements. They have the freedom to pursue their personal and professional goals without interruption.

Indefinite leave to remain can also pave the way towards British citizenship, opening doors to additional benefits and opportunities. Once an individual has lived in the UK for at least five years and held indefinite leave to remain for at least a year, they are eligible to apply for naturalisation and become a British citizen, although yYou do not need to wait a year if you're married to a British citizen.

Meeting the requirements for indefinite leave to remain

Obtaining indefinite leave to remain requires meeting specific criteria set by the UK government. While the requirements may vary depending on the route you are taking, there are some key criteria that are applicable to most ILR applications.

Key criteria for ILR eligibility

One of the main requirements for ILR is demonstrating a sufficient knowledge of the English language. This can be proven through an approved English language test or by having obtained a relevant qualification in the UK. There are some exceptions — if you are 65 or over, have a long-term physical or mental condition or come from a majority English-speaking country, then you do not need to prove your knowledge of English.

In addition to the language requirement, applicants must also meet the residency requirement. This typically involves having spent a specified period in the UK and not having spent excessive time outside the country.

The 180-day rule for ILR

Applicants for ILR must adhere to the 180-day rule, which means that they must not have been absent from the UK for more than 180 days in any 12-month period during the qualifying period. It is crucial to keep track of your travel dates and maintain accurate records to ensure compliance with this requirement.

How to apply for indefinite leave to remain

Applying for indefinite leave to remain may seem like a complex process, but with proper guidance and preparation, you can be successful.

Here, we will provide you with a step-by-step guide to the ILR application process, as well as highlight essential documents required for a successful application.

Step-by-step guide to indefinite leave to remain applications

1. Determine the appropriate route: identify the most suitable route for your ILR application based on your circumstances.
   
2. Gather required documents: collect all necessary documents, such as passports, visas, evidence of residence, and English language test certificates.
   
3. Complete the application form: fill out the indefinite leave to remain application form accurately, providing all requested information.
   
4. Pay the application fees: submit the required fees along with your application form.
   
5. Book an appointment: arrange an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to submit your biometric data.
   
6. Attend the appointment: attend the scheduled appointment to have your fingerprints and photograph taken.
   
7. Await a decision: once you have submitted your application, wait to receive a decision on your ILR status.

Essential documents for a successful ILR application

When applying for indefinite leave to remain, it is essential to include certain documents to support your application. These may include:

• Passports and travel documents
• Visa and immigration history
• Evidence of residence in the UK
• English language test certificates
• Proof of financial requirement(s)

How long does it take to get a decision on ILR?

One common question applicants have is how long it takes to receive a decision on their ILR application. The processing times can vary depending on various factors, such as the complexity of the case. On average, it takes around six months to receive a decision on an ILR application. However, this may be quicker in straightforward cases and longer in complex cases, especially where additional checks and/or documents are required before a decision is made.

While waiting for a decision, it is important to remain patient and avoid making any travel plans or significant life decisions until your ILR status is confirmed. You will not be able to leave the UK and travel abroad during this time. It is advisable to check the UK government's official processing times regularly to stay informed about the progress of your application.

The path to British citizenship after ILR

After holding ILR for a specified period, individuals may be eligible to apply for British citizenship. British citizenship offers further benefits, including the right to vote, access to certain government jobs, and the ability to travel using a British passport. However, the path to British citizenship has its own criteria and requirements, which vary depending on individual circumstances.

Dealing with ILR application refusals

While most indefinite leave to remain applications are successful, there is always a possibility of refusal. If your ILR application is refused, it is essential to understand your options and the potential grounds for refusal.

Common reasons for ILR application rejection

Common reasons for ILR application rejection can include:

1. Incomplete or incorrect application forms
2. Failure to meet the eligibility criteria
3. Insufficient evidence of residence in the UK
4. Providing false or misleading information
5. Lack of necessary supporting documentation

If your application is refused, you may have the right to appeal the decision or submit a fresh application with proper adjustments and additional evidence.

Frequently asked questions

How much does an indefinite leave to remain application cost?

An indefinite leave to remain application costs £2,404 per applicant.

Can I bring my family with me?

If you are an indefinite leave to remain holder, you may be eligible to bring your family members to the UK. Dependants, such as partners and children, can apply for a visa to join you in the UK and enjoy the same benefits and rights as you do.

Will my child born in the UK have British citizenship with indefinite leave to remain?

If you have obtained indefinite leave to remain and are planning to have a child in the UK, you may be wondering about their citizenship status. While your child will not automatically receive British citizenship based solely on your ILR status, they may be eligible for registration as a British citizen.

Will criminal convictions influence an ILR Application?

Certain criminal offenses can have a significant influence on the outcome of your ILR application. It is crucial to seek legal advice and guidance to navigate any complexities associated with criminal convictions.

Conclusion

Understanding the requirements and application process for indefinite leave to remain is crucial for individuals seeking to settle in the United Kingdom.

By familiarising yourself with the various routes, meeting the eligibility criteria, and preparing a strong application, you can increase your chances of a successful ILR application and pave the way towards a secure and prosperous future in the UK.

We have a team of experienced immigration solicitors, who can help with and advise you on all aspects of navigating this application process and maximising your prospects of a successful outcome. Please do not hesitate to get in touch with any questions.