The United Kingdom, one of the most developed countries in Europe, attracts millions of foreigners to tour, work, or study. Those who have lived in the country for a few consecutive years look forward to settling there. UK indefinite leave to remain would help. In this passage, we are going to talk about the requirements for ILR, how to get ILR in UK, how much it costs, and some related issues.
What is Indefinite Leave to Remain (ILR)
UK Indefinite leave to remain (UK ILR), also known as settlement or permanent residence, is a status granted to immigrants to the UK and allows them to live permanently in the country. It is also the final step before obtaining British citizenship. With this status, one can work and study without extra visas. Moreover, ILR holders can enjoy similar benefits to local nationals, such as applying for public funds and subsidies, accessing free public healthcare services, traveling in and outside the UK freely, and so on.
Eligibility for Indefinite Leave to Remain
There are different ways to obtain UK indefinite visa. The eligibility varies according to your circumstances.
Foreigners Working in the UK
Work visa holders are eligible to apply for indefinite leave to remain if they meet the following qualifications.
- Skilled worker, T2 or Tier 2 visa holders must:
➢ have lived and worked in the country for consecutive 5 years.
➢ not spend more than 180 days outside the UK in a 12-month period.
➢ meet the salary requirements. For example, £25,600 per year, £10.10 per hour, or at least the “going rate” for undertaking work for a T2 or Skilled Worker visa.
➢ continue to be employed and be paid the minimum salary requirements after getting ILR (proven by a letter or document from the employer).
➢ book and pass the Life in the UK Test (required for applicants aged 18-64).
- Scale-up worker visa holders must:
➢ have lived and worked in the UK for 5 years.
➢ meet the financial requirements.
➢ book and pass the Life in the UK Test (required for applicants aged 18-64).
- Global talent, Tier 1 (Investor), and Tier 1 (Entrepreneur) visa holders must:
➢ have lived in the UK for 2-5 years.
Global talent visa holders should be endorsed by either the British Academy, the Royal Academy of Engineering, the Royal Society or UK Research and Innovation or Arts Council England or Tech Nation.
➢ meet financial requirements.
Entrepreneurs should provide 10 new full-time job opportunities for 12 months or create a business volume of £5 million in 3 years.
Investors issued the visa on or after 6 November 2014 should invest £10 million after 2 years, £5 million after 3 years, or £2 million after 5 years,
➢ not spend more than 180 days outside the UK in a 12-month period.
➢ book and pass the Life in the UK Test (required for applicants aged 18-64).
- Innovator founder or innovator visa holders must:
➢ have lived in the UK for 3 years.
➢ get an endorsement from an approved body indicating that the applicant has grown business in the UK.
➢ not spend more than 180 days outside the UK in a 12-month period.
➢ book and pass the Life in the UK Test (required for applicants aged 18-64).
- representative of an overseas business or media organisation must:
➢ have a valid work visa.
➢ have lived in the UK for 5 years.
➢ not spend more than 180 days outside the UK in a 12-month period.
➢ prove that he/she will still work on the current job.
➢ prove that a UK-registered branch has been established (required for sole representative)
➢ book and pass the Life in the UK Test (required for applicants aged 18-64).
➢ meet the English language requirements, such as an English qualification at B1, B2, C1 or C2 level or a degree taught or researched in English (required for applicants aged 18-64).
- Turkish worker or Turkish businessperson visa holders must:
➢ have lived in the UK for 5 years.
➢ not spend more than 180 days outside the UK in a 12-month period.
➢ pass the Life in the UK Test.
➢ meet the English language requirements.
Family Members of a British citizen or a Person in the UK with ILR
It applies to a partner/parent/child/ adult dependent relative with a family visa, a partner/child as a dependant on a work visa, or a child/partner dependant on an innovator founder visa. You can also apply for indefinite leave to remain when your partner has died or your relationship ended due to domestic violence. To be eligible for ILR, applicants should:
- have lived in the UK for 2-10 years.
- meet the language requirements and pass the life in the UK test unless exempted.
- meet the financial requirements which vary from visa type of the dependant and sponsor.
Foreigners Living in the UK for 10 Years
It is also known as the long-residence route despite visa types, which is ideal for those who have to switch from one visa to another during their stay in the UK. Here are the general qualifications.
- Applicants must have legally resided in the UK for 10 years without gaps (up to 180 days in any 12-month period).
- The time below cannot be counted as a continuous residence:
➢ Time spent on a standard visitor visa.
➢ Time spent as a visa-free visitor.
➢ Time spent on a short-term study visa (within 11 months).
➢ Time spent on a seasonal worker visa.
➢ Time spent on immigration bail, temporary admission or temporary release.
➢ Time spent in a prison or similar institution.
➢ Time of overstaying, either permitted or prohibited.
➢ Time spent in Ireland, the Isle of Man, or the Channel Islands.
- The current permission must have been issued for at least one year.
- pass the Life in the UK Test (required for applicants aged 18-65).
- meet the English language requirements (required for applicants aged 18-65).
Commonwealth Citizen
Commonwealth citizens on a UK ancestry visa are eligible for ILR if they meet the requirements below.
- The applicant has lived in the UK for 5 years.
- The applicant has not spent more than 180 days outside the UK in a 12-month period.
- The applicant must prove to have enough money to support themselves and their dependants, plan to work in the UK, and be a Commonwealth citizen.
- pass the Life in the UK Test (required for applicants aged 18-65).
- meet the English language requirements (required for applicants aged 18-65).
Refugee or Expats Under Humanitarian Protection/Discretionary Leave
- Applicants have a valid residence card or permission to stay.
- Applicants have lived in the UK for 5 years under protection status or Section 67 Leave; or
- Applicants have lived in the UK for 6 years under Discretionary Leave (status granted on or before 8 July 2012); or
- Applicants have lived in the UK for 10 years under Discretionary Leave (status granted on or before 9 July 2012).
Persons whose ILR was Revoked
Those who were given ILR status and stay outside the UK for more than 2 years will be deprived of ILR. The good news is that you can re-settle in the UK as a “returning resident” if you can prove strong ties to the UK, your current circumstances, and persuasive reasons to be absent from the UK.
Persons Serving or Have Served in Armed Forces
The applicant must be leaving or has left the army in 2 years and has served for at least 4 years. The length of service is exempted supposing that he/she is discharged due to injury or illness resulting from duties or tasks.
When you Can Apply for ILR
After satisfying the qualifications stated above, you can apply for ILR in the last month of the period of validity of the current visa/permit. The UK indefinite leave to remain application can be submitted up to 28 days before reaching the continuous residence. It is advised to check the time countable to avoid being rejected due to an earlier application. Please note that you are supposed to renew the current visa if it expires before you are eligible to apply for ILR.
Exemption for Indefinite Leave to Remain
Some individuals are automatically granted permanent residence once qualified instead of applying for it, which is listed below.
- Individuals eligible for automatic British citizenship, such as those who were born to a British citizen outside the UK.
- Child dependants whose parent(s) is a British citizen or permanent resident.
- Adult dependants who must be supported by a family member who is a British citizen or permanent resident.
- UK Gateway Protection Program participants.
- Moreover, applicants are exempt from the knowledge of language and life (KoLL) requirements in one of the following cases.
- The applicant suffers from domestic violence.
- Foreign and Commonwealth citizens who have served HM Forces.
- Highly skilled migrants applying under the terms of the Highly Skilled Migrant Programme (HSMP) judicial review, as well as their dependants.
- Spouse visa holders whose spouse or partner dies.
- Parents, grandparents, and other adults dependent of those who settled in the UK, applying under paragraph 317 of the Immigration Rules despite age.
- Adult dependent relatives applying under Appendix FM of the Immigration Rules despite age.
- Retired persons with independent income.
- Refugees.
- Applicants applying under discretionary leave Page 6 of 31 Published for Home Office staff on 24 November 2022.
- Applicants under humanitarian protection
- Applicants not applying under Immigration Rules.
- Stateless applicants.
How to Apply for Indefinite Leave to Remain
The ILR application must be done online through the following steps. You must be physically present in the UK and do not have any ongoing Home Office applications.
- Visit the GOV.UK and answer the questions to get started.
- Fill out and submit the application form online.
- Upload the required documents, including a valid passport, residence permit, certificate of KoLL, etc.
- Agree to the listed Declaration.
- Pay the ILR application fee.
- Make an appointment with the UK Visa and Citizenship Application Services (UKVCAS) centre.
- Attend the appointment to submit supporting documents and biometrics.
ILR for Dependants
You might be eligible to apply for ILR as a dependant of a person who has obtained UK indefinite leave to remain or is applying for ILR at the same time if you are:
- the spouse, civil partner, or unmarried partner who has lived with the main applicant for at least 2 years; or
- a child of the main applicant below 18 years old; or
- a child above 18 years old and financially reliant on the main applicant.
If your visa is issued at the same time as your sponsor, you might also be able to apply for infinite leave to remain at the same time. If you are yet to be eligible, you can also request independently. The application form and required documents might differ. Please visit the GOV.UK and choose proper access according to your circumstances and start applying online.
Indefinite Leave to Remain Fee 2024
It costs £2,885 for each application. Dependants should also pay the same full fees while applying along with the main applicant. There might be extra fees if you choose priority processing services. The priority service charges £500 to provide decisions on ILR applications within 5 business days. The super priority service charges £1,000 to provide decisions on ILR applications within 1 business day.
ILR to British Citizenship
ILR will lead to UK citizenship after obtaining the status for 12 months as long as you satisfy the following requirements.
- Be at least 18 years.
- Have physically been in the UK for 5 years upon the day of application.
- Be proficient in English, Welsh, or Scottish Gaelic.
- Have passed the life in the UK test.
- Have the intention to live in the UK in the future.
- have good standing.
Being a UK citizen means one can get a UK passport. In this case, you can not only enjoy national civil rights and public benefits but also travel in and out of the country without restriction. Your citizenship will not be revoked no matter how long you have spent abroad. Moreover, the United Kingdom allows dual citizenship. You might retain your original nationality after obtaining UK citizenship.
What to do if my ILR Application is Refused
The UK Visas and Immigration (UKVI) has the final decision on your ILR application. Being rejected is frustrating, but it sometimes happens. The authority will send a written notice indicating the reasons for rejection and the right to appeal. First of all, you should find out if there are any issues listed in the notice, for example, errors on the application form or insufficient documentation. If yes, address the issues and re-submit the application again. If not, here are some possible solutions.
- File an Appeal
Follow the instructions in the rejection letter if an appeal is acceptable. You can authorize an attorney or legal adviser to contact the UK Border Agency’s legal delegate and fulfill the appeal on your behalf. It must be made within the time limits. The Asylum and Immigration Tribunal will review your request and make a decision.
- File an Administrative Review
Supposing that you have no right to appeal, you can file an administrative review to request reconsideration of your application. It could be done on GOV.UK within 14 days after refusal. The result of the administrative review will be sent in 28 days during which you cannot overstay or submit any visa application.
- File Judicial Reviews
It is a more complicated process and can only be done when the court approves it. It is highly suggested to do that when you have sufficient evidence to challenge the decision and ask for help from an experienced immigration lawyer. If you lose, you will not be able to receive ILR and have to pay a large sum of legal costs.
How to Renew Indefinite Leave to Remain Card
Your ILR status usually remains valid for a lifetime unless you are absent from the UK for more than 2 years. If you did spend beyond the time limit abroad, you are supposed to apply for a Returning Residents Visa (RRV) to return to the UK. Once it is approved, you will regain the settlement status.
Although ILR status does not expire, you should renew your Biometric Residence Permit (BRP) card on GOV.UK every 10 years. The BRP will be switched to eVisa, a digital proof of immigration status after December 31st, 2024.
FAQ
Q: Can you vote with indefinite leave to remain
A: No. Voting is a civil right for only UK citizens.
Q: Does a spousal visa give indefinite leave to remain?
A: Yes, as long as the visa holder satisfies the indefinite visa in UK rules.
Q: How long can you go abroad with indefinite leave to remain?
A: 2 years, after which your ILR status will be revoked automatically.
Q: How long is ILR valid for?
A: There is no expiry date for ILR, but it can be revoked when the ILR holder violates the related rules and regulations.
Conclusion
The UK ILR is a pathway to UK citizenship for those who have lived in the UK for years and intend to settle down. It can be applied online. We hope this passage helps you learn about the requirements for ILR and how to get ILR in UK. Wish you good luck in the indefinite leave to remain application.
Erin Lo