Apply for Indefinite Leave to Remain (ILR) in the UK

Indefinite Leave to Remain UK (ILR), referred to as a permanent settlement visa in the UK. It is granted for a person once you have completed a period of residency in the UK. This could include either 5 years, 10 years, or 20 years of residency.

In some cases, you can apply for indefinite leave to remain automatically based on your personal circumstances for example if you are a minor, victim of domestic violence, family member, or an adult dependent. Why not send us your immigration details, and we can tell you whether you qualify or not now. Click here to complete this form.

Given that we have now moved away from the European Union, the policies regarding Indefinite Leave to Remain whether on the 5 years or 10 years will continue to evolve. To apply for Indefinite Leave to Remain is based on a person completing a continuous residency period and demonstrate the intention to settle in the UK.

Indefinite leave to remain visa fees 2021 remains the same and may change. However, in some cases, we can ask the Home Office to exempt you from paying the visa fees. Why not call us today on 0207 237 3388 so we can discuss your indefinite leave to remain application and see how best we can help you. 

Applying for indefinite leave to remain in the UK requires you to be mindful of all your absences from the UK. UK indefinite leave to remain is required for UK British nationality and this is what most of our clients intend to achieve. If you do not have a direct claim to citizenship through your parents or ancestry, then you should apply for Indefinite Leave to Remain and then consider applying for British nationality. 

ILR is the ultimate goal for many people who wish to live and work in the UK. It will only be granted if you have been living in the UK for a specific length of time, which is determined by your previous visa category. To qualify for this status, you cannot leave the UK for more than a specified number of days or commit any offence within the country. If you get ILR, you can easily travel, work, and study in the UK with minimal restrictions.

• What is Indefinite Leave to Remain?
• What is ILR in UK?

What is Indefinite Leave to Remain?

The term ILR meaning is indefinite leave to remain (ILR) and is referred to as permanent residency (PR) status. Those who are living in the United Kingdom, and hold the ILR status, are able to work, travel, study, and do other activities. There are no restrictions on their stay however remember that ILR status can be lost in a number of ways.

Those holding indefinite leave to remain under the EEA settlement scheme enjoy the same rights as a person who holds indefinite leave to remain albeit the term is used differently. These applications are termed as UK Indefinite leave to remain (ILR). Anyone who holds indefinite leave to remain or PR status from another EEA country, cannot rely on this to remain in the UK on a permanent basis however you should speak to one of our UK Immigration Lawyers prior to submitting an application. Call us today on 0207 237 3388 to speak to an expert. 

What is ILR in the UK?

Indefinite Leave to Remain in the UK is a permanent residency and can be acquired in a number of ways. You can also qualify for ILR based on UK ancestry which can include connections to a person whose grandparents were born in the UK. 

Holding ILR status allows you to enjoy the freedom of study, residency, and work in the UK. You can also open a business in the UK and be able to sponsor your family members. 

You can also lose the status of ILR based on non-residency if you no longer wish to stay here permanently or have acquired criminal convictions. In some cases, you could apply for the UK returning residency visa however you will be asked to meet the visa requirements. The risk of losing ILR is small however if you commit an offence in the UK, the Home Office can seek to remove you from the UK and this is done through a deportation order process. More about how a deportation process works can be found by clicking here. 

So let's now look at those who can apply for indefinite leave to remain and then we will look at how it can be applied for. Importantly applying for indefinite leave to remain requires the evidence or documents to help your application. If the ILR is refused, we can also apply to appeal the decision. 

When can I apply for Indefinite Leave to Remain?

If you would like to get ILR in the UK, then you need to meet some requirements based on the visa route you are on. In most cases, those completing 5 years on 1 visa category or a combination of visas, could qualify. 

Once you have completed the 60 months or 5 years residency, you can apply or you could apply before your visa is due to expire. It is important to note that in most cases, you can apply 28 days before your visa expires. In some instances, you could apply sooner but speak to our Lawyers on 0207 237 3388 to confirm whether you could.

To avoid the risk of an ILR refusal, and if you have applied too early, consider cancelling the ILR application and do not risk losing your Home Office fees. 

When can I apply for ILR when holding a spouse visa?

Partners or spouses of a person holding ILR or a British national can apply for their ILR once they have completed their residency in the UK. To start with, if you would like to bring your spouse to the United Kingdom, then your spouse will get permission to live in the UK for 30 months or 2.5 years. After that visa period, you have to extend your Spouse Visa UK for the next 30 months or 2.5 years. After the next 60 months or 5 years, you can apply for ILR status. 

It is also important that you read your original decision letter, as in some spouse or partner routes, the Home Office may have placed you in the 10 years visa route. 10 years route to ILR or settlement is a category within the spouse partner route. This means you might need to complete a further 5 years. Call our Lawyers on 0207 237 3388 or complete our free form to get some initial help. 

After getting ILR visa status, you will have full rights to live, work and study in the UK without any restrictions. This ILR visa status gives you the ability to also claim public funds and services. There is also risk associated with the ILR visa status i.e. this could be lost due to a long period of absences, or you have decided to live somewhere else. The list is not full because in immigration matters, everyone's case details are different and you cannot make a judgment based on someone else's visa circumstances. 

ICS Legal has won a number of awards for our quality of work in legal as well as the support we provided and we are one of the best and leading immigration law firms in the UK. We have expert and well-trained spouse visa Immigration Lawyers & Solicitors. Our Immigration Lawyers can advise and help you apply for the ILR application route, UK spouse visa, and any other UK immigration issues that you may have faced. 

We know that sometimes you may not be meet the requirements of the ILR visa status however we are here to give you the help that you require. Our experience will help you make the right decision. ICS Legal will always advise you on the merits of your case prior to applying, so why not speak to us today on 0207 237 3388 or complete this form to see whether you meet the requirements. 

Can I apply for Indefinite Leave to Remain after 5 years?

Yes, you can apply for indefinite leave to remain after 5 years but there is a few limited Indefinite Leave to Remain visas that allow you to apply for ILR. If you have at least 5 years, or if you come to the United Kingdom under those visas categories, then you can also apply for ILR after 5 years living period in the UK.

Here are some of the visa routes you can apply under or combine together to meet the 5 years residency. Remember this list is not a full list and we can combine other categories. 

• The UK spouse visa.
• The UK family visa.
• UK Fiancé Visa, or UK partner visa.
• Ancestry visa the UK.
• Tier 2 visa UK.
• The UK work visa.

The immigration rules set out the categories that are allowed to grant you a settlement when you have completed a period of 5 years of residency in the UK. In some immigration categories, you will need to complete fewer periods of residency to secure UK Indefinite Leave to Remain ILR), for example, the Tier 1 Investor visa. 

This means that you may be eligible to apply early for ILR based on your personal circumstances or that of your dependants. Both EEA nationals and non-European Economic Area (EEA) must now apply for indefinite leave to remain. 

Processing time 2021 for a UK Indefinite Leave to Remain (ILR)

The UK ILR processing time 2021 is the same as the prior ILR application processing time. The application for Indefinite Leave to Remain is usually decided within 12 weeks. In some cases, you can fast-track or put the application on priority. Speak to us about fast-tracking your application today. 

It's now important to avoid any delays or risk of refusal, you ensure all the right information or documents needed for ILR application is enclosed to prevent delays. These delays may mean the ILR application is not processed within the timescales and they now would take 6 months.

We know that the processing time for an ILR visa is not the same as in 2020, however, they are now being fast-tracked by the Home Office. Whilst the Home Office has published news on processing time for visas, we have seen that refugee ILR applications, which are sometimes more complex, are taking longer. 

How to apply for Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) UK is an application required to be applied by both EEA nationals and non-European Economic Area nationals. To apply for the ILR visa, you must have a visa or lawful leave to remain in the United Kingdom.

There is some specific requirement for a person who is eligible to apply for Indefinite Leave to Remain (ILR). This means that, if you live in the UK for 60 months or 5 years here in the UK, then you will be eligible to apply for the ILR. If you are granted this visa status, then your immigration conditions will not have any restrictions or any limitations on you.

The ILR requirements 2021 are given below:

• First of all, you must have a valid visa, and you have to live in the United Kingdom for a specific period.
• You have to live in the United Kingdom for 60 months, or 5 years. This could be lower or more, depending on your visa category. 
• Must not have any criminal offences or records including civil penalties or offences. Most ILR refusals are because a person's good character is being challenged by the Home Office. 
• Your absences from the UK must be in line with the immigration rules and during the visa periods, you should not spend more than 180 days outside the United Kingdom. However, exemption and exceptional circumstances can be applied. ICS Legal have been successful on helping those with longer absences from the UK. 
• You have to prove that you are able to meet the B1 level of English, and you have English proficiency in the communication of the Common European Framework of Language (CEFL).

The ILR requirements do change, so get some advice from ICS Legal by speaking to us. You must provide information and documents to meet the ILR visa 2021. 

How to get Indefinite Leave to Remain?

Indefinite Leave to Remain UK is available for a person who is not settled in the UK and holds a valid visa. Getting ILR is now required for both EEA nationals and non-EEA nationals. The immigration rules have now changed since 30th June 2021. When applying for your Indefinite Leave to Remain UK, there are some limitations to apply however you must show 5 years of living in the UK. 

Living in the UK for a long period is required, whether that is 3 years, 5 years, 10 years, or 20 years. Applying for your ILR should be done within 28 days prior to the date you qualify or before your visa expires. You can also apply for your ILR after it expires however this is on exceptional grounds or reasons. 

How to apply for ILR?

If you would like to apply for ILR, you have to meet all of the requirements of ILR. You have to submit all of the documents which are required when applying for UK Indefinite Leave to Remain (ILR). The processing times and requirements for indefinite leave to remain (ILR) vary greatly depending on the visa category that you are currently on.

You must stay in the United Kingdom for 5 years, and you have to apply 28 days before the end of your 5 years’ period. It may also mean you can qualify for indefinite leave to remain by combining your immigration categories. It does not mean, you will always have to complete the 10 years period to qualify for indefinite leave to remain.

The application is applied online, using the Home Office digital platform system, where you can apply for indefinite leave to remain. In most cases, you can apply for indefinite leave 28 days prior to the qualifying period.

Getting help on your indefinite leave to remain application is available. Free advice from the citizen's advice bureau or any voluntary organisations may be limited. However, if you face any issues, you may take help from an Immigration Lawyer, or a Solicitor. ICS Legal is one of the best and leading immigration law firms, whereby we have professional Immigration Lawyers or Solicitors. We are here to help, support, and guide on the UK visa processing, ILR, and other UK immigration issues.

The term “indefinite” is used because the status is not permanent. You can lose your ILR status if you are absent from the UK for more than two years or if you cease to be a habitual resident in the UK.

What documents do I need to provide when applying for Indefinite Leave to Remain?

Generally speaking, you will need to provide the following documents when applying for ILR (Note: This is not an exhaustive list and it could be different depending on different visa types).

1. Your passport;
2. Evidence of your current leave to remain (i.e. your visa);
3. Proof of any absences from the UK;
4. Payslips from your employer to prove you meet the minimum income requirements, for Skilled Workers;
5. Proof you meet the English language requirement and have passed the Life in the UK test.

Fees for Indefinite Leave to Remain?

When you will apply for the ILR then you have to pay Indefinite Leave to Remain fees. The UK indefinite leave to remain fee 2021 consists of a number of costs you need to consider. These include the use of third-party services and visa centre costs are also required. The ILR fees change quite often, so check before you apply. More about fees can be found here.

The ILR permits you to stay in the United Kingdom and you can work in the United Kingdom without UK immigration restrictions. When applying for ILR, you have to fill the UK ILR application form and must complete the right form. Did you know? most refusals are because the applicants have used the wrong form. 

Check the ILR requirements and the fees for the ILR before you apply. Make sure you have the funds available to pay for the costs. Sometimes, you can request the ILR fees to be waived or exempted. This depends on your personal circumstances and we can make an assessment of whether you could be eligible. 

How to apply for ILR UK?

Applying for ILR UK can be a stressful process for you and your family members. Suppose, you are applying for indefinite leave to remain, then you have to stay in the United Kingdom for 5 years. In most cases, you will be eligible to apply for indefinite leave to remain after 5 years. 

As discussed, here is the list of categories under the 5 years route to ILR UK: 

1. Domestic workers in private households. 
2. Dependants of a Tier 1 Entrepreneur and T1 Investor. 
3. Skilled Worker (and Tier 2 (General)). 
4. T2 Minister of Religion (and Tier 2 (Minister of Religion)).
5. T2 Sportsperson (and Tier 2 (Sportsperson)).
6. Representative of an Overseas Business (and Media Representative and Sole Representative).
7. UK Ancestry.
8. Global Talent (and Tier 1 (Exceptional Talent)).
9. Innovator.
10. T5 (Temporary Worker) International Agreement Worker (Private Servant in a Diplomatic Household).
11. Dependants and Child Dependants of the routes listed above, except for UK Ancestry and Representative of an Overseas Business.

Your biometric residence permits indefinite leave to remain, or a biometric residence permit will show the evidence for ILR UK. If you become settle in the United Kingdom, then you may use your Biometric Residence Permit card to confirm your identity.

Most people know that, if someone wants to get ILR, then he/she must live in the United Kingdom for 5 years after that he/she will be able to apply for ILR UK. There are different kinds of UK legal visas, and if you would like to get an ILR visa for 10 years then you may apply for Indefinite Leave to Remain in the UK by the 10 years long residence route.

The ILR is one kind of UK immigration status, and this can be shown in the form of an Indefinite Leave to Remain card or a stamped ILR UK in your passport. If you have a stamped ILR UK visa, then you are recommended to apply for the newer biometric residence permit card.

If you stay for 5 years, or more than 5 years in the United Kingdom, then you may submit indefinite leave to remain application form. If you have legal documents, or if you can fulfil all of the ILR application requirements UK then you will get permanent residence (PR), or ILR permission.

If your application is successful for indefinite leave to remain (ILR), then will be issued with the biometric residence permit (BRP) with ILR date.

The permanent residence is also called indefinite leave to remain (ILR). If you come to the UK from a non-European Union country, then you have to live in the United Kingdom for 60 months. After 60 months, you can apply for the ILR. The indefinite leave to remain guidance is important to know that you have to follow the UK immigration rules for ILR guidance. If your spouse wants to get ILR permission for the UK spouse visa then, your spouse needs to live in the UK for 60 months or 5 years. After 60 months, your spouse can apply for ILR. 

The conditions on the Indefinite Leave to Remain

The Indefinite Leave to Remain once granted allows you to work freely in the UK, there are no restrictions and you can also claim public funds.

The absence rules on Indefinite Leave to Remain applications

The Indefinite Leave to Remain application requires a person to show their strength of connections in the UK. One of the factors is considering a person's absences from the UK. A person must show their periods of stay in the UK, and when they are absent, must show their reasons for doing so.

For immigration purposes, the Home Office has issued their guides and this includes ‘UK’ means Great Britain and Northern Ireland only. It does not include the Crown dependencies of the Channel Islands and the Isle of Man. Time spent in the Crown dependencies may count towards the continuous period.

The Home Office Officer will consider the application case by case. They understand that circumstances are different and in all cases, you must show that the UK is your main home. 

For the ILR UK application, you must show your absences in a list format, with details of the reasons for travel and it must connect to your visa status. This can include paid annual leaves however all must be documented. 

Preparing your absences may require taking some advice, so you can speak to us today and understand the requirements of your ILR absences. 

Indefinite Leave to Remain Application Refusal

If your application for indefinite leave to remain is refused, you will usually have a right to appeal against the decision. Your appeal would be limited leave to remain under human rights grounds. The Immigration Act 2014 sets out the following grounds that an appeal can be bought forward:

1. Human rights or protection claim – those appeal rights are set out on Part 5 of the Nationality, Immigration & Asylum Act 2002.
2. Refusal to issue a residency permit under European Regulations.
3. Deprivation of citizenship whereby Section 40A of the British Nationality Act 1981 applies.

You will need to email us a copy of the decision letter to info@icslegal.com, so we can discuss your options if your indefinite leave to remain application is refused.

Taking legal advice on the indefinite leave to remain application

We at ICS Legal will provide guidance and correct advice on the route to settlement.

Apply for a British passport once you have Indefinite Leave to Remain (ILR)

Almost everyone who has been issued with ILR can apply for a British passport. The process of applying for a British passport if you are married to a British national is different and can be easier. 

Do not worry if you are not married to a British national, as the rules are just different but can also be applied. You will need to show when you apply, that you have registered or naturalised as a British national before you receive your British passport. 

Our British Citizenship will advise on the best visa application to apply for when you intend to visit, settle or open a business in the UK.

UK Visas And Immigration UK spouse visa UK Immigration Lawyers UK Fiance Visa

You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com if you are considering to apply for indefinite leave to remain.