Introduction to Indefinite Leave to Remain

Indefinite Leave to Remain (ILR), also known as permanent residency or settlement, grants non-UK nationals the right to live and work in the United Kingdom without time restrictions. It represents a significant milestone in an individual’s immigration journey and is the penultimate step before obtaining British citizenship.

ILR status allows individuals to build a permanent life in the UK, removing the uncertainty associated with temporary visas and creating stability for personal and professional endeavours. The UK government continues to recognise ILR as an essential pathway for skilled migrants, family members, and long-term residents who wish to make Britain their permanent home.

Benefits of Obtaining ILR

Securing Indefinite Leave to Remain offers numerous advantages that significantly improve the quality of Life for immigrants in the UK:

1.   No time limits on UK residency: Freedom to stay in the UK permanently without visa renewals
2.   Unrestricted work rights: Ability to work for any employer without sponsorship requirements
3.   Full study opportunities: Access to educational institutions with home student status
4.   Complete NHS access: Free healthcare services without additional Immigration Health Surcharge fees
5.   Travel flexibility: Greater freedom to travel outside the UK (up to 2 years)
6.   Family stability: Opportunity for eligible dependants to also secure settlement
7.   Social benefits access: Eligibility for public funds and social welfare support
8.   Path to citizenship: Ability to apply for British citizenship after 12 months of holding ILR
9.   No more visa fees: End to regular visa renewal expenses and applications

Who Can Apply for ILR?

The following categories of individuals may qualify for Indefinite Leave to Remain in the UK:

Work-Based Routes

1.   Skilled Worker visa holders (formerly Tier 2 General)
2.   Scale-up visa holders
3.   Global Talent visa holders
4.   T2 Minister of Religion visa holders
5.   International Sportsperson visa holders
6.   Innovator Founder visa holders
7.   Representative of Overseas Business visa holders

Investment and Business Routes

1.   Tier 1 (Entrepreneur) visa holders
2.   Tier 1 (Investor) visa holders
3.   Turkish Worker or Businessperson visa holders

Family Routes

1.   Spouses or partners of British citizens
2.   Dependent children of British citizens or settled persons
3.   Ancestry visa holders
4.   Hong Kong BN(O) route visa holders
5.   Other family members of settled persons

Long-Term and Special Categories

1.   Individuals with 10 years of lawful continuous residence
2.   Refugees and those with humanitarian protection
3.   Bereaved partners of British citizens or settled persons
4.   Victims of domestic violence who entered as partners
5.   Individuals on discretionary leave

Eligibility Requirements for ILR

To qualify for Indefinite Leave to Remain, applicants must satisfy the following general requirements:

Qualifying Period

The required period of continuous residence in the UK varies by immigration route:

1.   5-year route (most common): Skilled Workers, family visas, and most work visas
2.   3-year route: Global Talent visa holders in specific fields, particularly Tier 1 investors
3.   2-year route: Select Tier 1 (Entrepreneur) and Tier 1 (Investor) cases
4.   10-year route: Long residence category or family settlement 10-year route

Immigration Status

Applicants must have maintained lawful immigration status throughout their qualifying period, with all visa conditions met.

Good Character

Applicants must demonstrate good character and have no serious criminal convictions or immigration offences. Even minor offences may affect eligibility.

Financial Stability

While no specific financial threshold exists for most ILR applications, applicants should demonstrate they can maintain themselves without recourse to public funds.

No Public Interest Reasons

The Home Office must be satisfied that there are no public interest reasons to refuse settlement.

Continuous Residence Requirements

Continuous residence is a critical component of most ILR applications. The requirements vary based on the immigration route:

Standard 5-Year Route

For most immigration categories, including Skilled Worker and family routes:

1.   Applicants must not have been outside the UK for more than 180 days in any 12 months during the qualifying 5 years
2.   Absences are calculated on a rolling basis by counting backwards from:
3.   The date of application, or
4.   Any date up to 28 days after the date of application, or
5.   The date of the decision

10-Year Long Residence Route

For the long residence category:

1.   Applicants must not have been absent for more than 548 days (18 months) in total during the 10 years
2.   No single absence should exceed 184 days (6 months)
3.   On average, applicants should spend no more than 54 days outside the UK each year

Family Route Considerations

For family visa holders:

1.   The Home Office assesses whether applicants have been genuinely living with their family in the UK
2.   Time abroad is permitted for legitimate reasons such as holidays, work, study, or family visits
3.   Applicants must demonstrate a continuing intention to live permanently in the UK

Permitted Absence Exceptions

In certain circumstances, extended absences may be disregarded:

1.   Absence for compelling compassionate reasons (e.g., caring for a terminally ill relative)
2.   Travel disruptions due to natural disasters or civil unrest
3.   Absences related to pregnancy, childbirth, or serious illness
4.   Work assignments that are considered an essential part of UK-based employment
5.   Military service (for specific categories)
6.   COVID-19-related absences where travel restrictions prevented return to the UK

English Language and Life in the UK Test

Most ILR applicants must demonstrate English language proficiency and knowledge of British society:

English Language Requirement

Applicants must prove English skills at Common European Framework of Reference for Languages (CEFR) level B1 or higher in speaking and listening. This can be satisfied by:

1.   Passing an approved Secure English Language Test (SELT) at B1 level or higher
2.   Holding a degree taught in English (equivalent to a UK bachelor’s degree or higher)
3.   Being a national of a majority English-speaking country
4.   Having previously proven B1 level in a successful visa application

Life in the UK Test

The Life in the UK Test assesses knowledge of British traditions, values, history, and everyday Life:

1.   Format: 24 multiple-choice questions
2.   Pass mark: 75% (18 correct answers)
3.   Duration: 45 minutes
4.   Topics covered: British values, history, traditions, government, and everyday Life

Exemption Categories

The following individuals are exempt from both English language and Life in the UK test requirements:

1.   Applicants under 18 years of age
2.   Applicants aged 65 or over
3.   Those with a physical or mental condition preventing them from meeting the requirements (medical evidence required)

ILR Application Process

The application process for Indefinite Leave to Remain follows these key steps:

1. Eligibility Check

1.   Confirm you meet all requirements for your specific immigration route
2.   Calculate your continuous residence period
3.   Ensure your current visa is valid when applying

2. Document Preparation

1.   Gather all required evidence (identity, residence, employment, etc.)
2.   Translate any non-English documents with certified translations
3.   Ensure documents meet Home Office specifications

3. Online Application

1.   Complete the SET(O) form (for most routes) or appropriate alternative
2.   Pay the application fee and book a biometric appointment
3.   Provide detailed information about your residence history

4. Biometric Appointment

1.   Attend your scheduled UKVCAS appointment
2.   Provide fingerprints and a digital photograph
3.   Submit original documents if required

5. Application Processing

1.   Application review by Home Office caseworkers
2.   Possible requests for additional information or clarification
3.   Decision notification (typically via email)

6. Post-Decision

1.   If successful, receive a Biometric Residence Permit (BRP) confirming ILR status
2.   If refused, review reasons and consider appeal, administrative review, or reapplication

Required Documents for ILR Applications

A comprehensive ILR application requires extensive documentation. The following list covers the essential documents needed for most applications:

Identity and Immigration Status

1.   Current passport or travel document
2.   Previous passports covering the qualifying period
3.   Current Biometric Residence Permit (BRP)
4.   All previous visas and immigration documents

Continuous Residence Evidence

1.   Bank statements (covering the qualifying period)
2.   Utility bills (showing consistent UK address)
3.   Council tax bills or statements
4.   Tenancy agreements or mortgage statements
5.   Employment records (P60s, payslips)

Employment Evidence (Work Routes)

1.   Employer letter confirming current employment
2.   Contract of employment
3.   Payslips (covering the qualifying period)
4.   P60 certificates for each tax year
5.   Evidence of maintaining minimum salary requirements

English Language Evidence

1.   SELT certificate at B1 level or above
2.   UK degree certificate and transcript
3.   Evidence of degree taught in English
4.   Proof of nationality (if from an English-speaking country)

Knowledge of Life in the UK

1.   Life in the UK test pass certificate

Additional Documents (Route Specific)

1.   Family route: Evidence of genuine relationship
2.   Entrepreneur route: Business activity evidence
3.   Investor route: Investment maintenance evidence
4.   Global Talent: Evidence of continued activity in the field

Processing Times

The Home Office aims to process ILR applications within these timeframes:

1.   Standard Service: Up to 6 months
2.   Priority Service: 5 working days
3.   Super Priority Service: Next working day
4.   Family 10-year route: Up to 12 months
5.   Private Life route: Up to 12 months

Important: During peak periods or for complex cases, processing times may be longer.

Common Reasons for ILR Refusals

Understanding why ILR applications are refused can help applicants avoid common pitfalls:

Excessive Absences

1.   Breaking the 180-day absence rule without qualifying exceptions
2.   Failing to provide evidence explaining unavoidable absences
3.   Incorrect calculation of absence periods

Continuous Residence Issues

1.   Gaps in permission to stay in the UK
2.   Overstaying a previous visa
3.   Periods of illegal residence

Documentation Problems

1.   Insufficient evidence of residence
2.   Missing or incomplete documents
3.   Inconsistencies between documents and application information

English Language and Life in the UK Test

1.   Failing to provide valid certification
2.   Using expired test certificates
3.   Submitting fraudulent certificates

Criminal Convictions and Character

1.   Undisclosed criminal history
2.   Serious criminal convictions
3.   Deception in current or previous applications

Employment Requirements (Work Routes)

1.   Failure to maintain minimum salary requirements
2.   Gaps in employment
3.   Working outside the scope of visa permission

Relationship Breakdown (Family Routes)

1.   Relationships no longer genuine and subsisting
2.   Undisclosed relationship changes
3.   Partner no longer settled in the UK

Understanding ILR Status

Maintaining ILR Status

Once granted, Indefinite Leave to Remain status is permanent unless revoked. To maintain ILR status:

1.   Avoid absences from the UK exceeding two consecutive years
2.   Comply with UK laws and regulations
3.   Update the Home Office with changes to personal details
4.   Ensure your BRP card remains valid and is renewed when necessary

Losing ILR Status

ILR can be lost or revoked under the following circumstances:

1.   Absence from the UK for more than two consecutive years
2.   Deportation due to criminal activity
3.   Obtaining ILR through deception or fraud
4.   Revocation by the Home Office for public interest reasons

Regaining Lost ILR

If ILR is lost due to absence, individuals may be eligible to apply for a Returning Resident visa if they can demonstrate:

1.   Strong ties to the UK
2.   Intention to return to live permanently in the UK
3.   Reasons for the extended absence
4.   Family connections in the UK

Transitioning from ILR to British Citizenship

Indefinite Leave to Remain provides a pathway to British citizenship:

Eligibility for Naturalisation

ILR holders can typically apply for British citizenship after:

1.   12 months with ILR status (standard route)
2.   Immediately if married to or in a civil partnership with a British citizen (provided you meet other requirements)

Requirements for Naturalisation

1.   Meet the residence requirements (no more than 90 days of absence in the 12-month qualifying period)
2.   Pass the Life in the UK Test
3.   Meet the English language requirement
4.   Be of good character
5.   Intend to make the UK your principal home

Benefits of Citizenship Over ILR

1.   British passport and unrestricted travel
2.   Right to vote in all elections
3.   Access to British consular assistance abroad
4.   No risk of losing status due to the absence
5.   Right to stand for public office

Application Process

1.   Complete form AN (for standard applications) or form MN1 (for minors)
2.   Attend a citizenship ceremony
3.   Take the citizenship oath

How Davenport Solicitors Can Help

At Davenport Solicitors, our specialist immigration team provides comprehensive support for ILR applications:

Expert Assessment Services

1.   Detailed eligibility assessment for all ILR routes
2.   Strategic planning for complex cases
3.   Absence calculation analysis
4.   Personalised timeline development

Application Preparation

1.   Document authentication and review
2.   Expert application drafting and review
3.   Supporting letter preparation
4.   Specific evidence compilation strategies

Ongoing Support

1.   Direct communication with the Home Office
2.   Representation at interviews (if required)
3.   Appeal and administrative review assistance
4.   Post-decision support

Specialised Services for Employers

1.   Guidance on supporting employees through ILR applications
2.   Advice on talent retention through immigration pathways
3.   Compliance audits to ensure employee eligibility
4.   Workforce planning incorporating immigration considerations

Complex Case Handling

1.   Appeals against ILR refusals
2.   Judicial review applications
3.   Human rights-based applications
4.   Discretionary applications

Contact Davenport Solicitors

For personalised advice on your Indefinite Leave to Remain application, contact our specialist immigration team. 

Frequently Asked Questions

1. Can I apply for ILR after 3 years?
   Yes, in specific categories such as Global Talent visa holders in science, engineering, humanities, medicine, digital technology, arts and culture, and certain Tier 1 Investor visa holders who have invested £5 million or more. 
2. How is continuous residence calculated for ILR?
   Continuous residence is calculated by assessing your absences from the UK during your qualifying period. You cannot have been outside the UK for over 180 days in 12 months for most routes. 
3. Can I combine different visa categories for the 5-year qualifying period?
   Generally, no. Most immigration routes require 5 years in the same category. However, some categories, such as Skilled Workers and Global Talent, can be combined. The 10-year-long residence route allows for the combination of different legal immigration statuses. 
4. What if I’ve exceeded the allowed absence limit?
   If your absences exceed the permitted limits, you may still be eligible if the absences were for exceptional reasons, such as serious illness or a global crisis. These are considered case-by-case, and substantial evidence must be provided. 
5. Can I work while my ILR application is pending?
   Yes, if you had valid permission to work when you applied, you can continue working under the same conditions until a decision is made on your application. 
6. What happens if my current visa expires while my ILR application is processed?
   As long as you applied before your current visa expires, your existing immigration status and rights will be extended until a decision is made on your ILR application. 
7. Can I travel while waiting for my ILR decision?
   It is not recommended to travel outside the UK while your ILR application is pending. If you must travel, seek legal advice first, as leaving the UK may affect your application. 
8. How long does the ILR decision typically take?
   Standard applications take up to 6 months, but you can opt for the Priority Service (5 working days) or Super Priority Service (next working day) for an additional fee. 
9. Do I need to renew my ILR status?
   No, ILR status itself does not expire. However, your Biometric Residence Permit (BRP) will expire, and you should apply for a replacement before it expires. 
10. What if I lose my BRP card?
    If you lose your BRP card, you must apply for a replacement immediately through the official UK government website. It is an offence not to hold a valid BRP when required. 
11. Can ILR be revoked, and under what circumstances?
    Yes, ILR can be revoked if you spend more than two consecutive years outside the UK, commit serious criminal offences, obtain ILR through deception, or if the Home Office determines it is in the public interest to revoke your status. 
12. How soon can I apply for British citizenship after obtaining ILR?
    You can typically apply for British citizenship 12 months after receiving ILR. If you’re married to a British citizen, you can use it immediately upon receiving ILR, provided you meet all other requirements.