Indefinite Leave to Remain (ILR) signifies that a migrant in the UK has the right to reside permanently without any immigration restrictions. Also known as “settlement”, “settlement visa”, or “permanent residence”, ILR allows you and your family members to settle in the UK permanently without the need to apply for further visas to live, work, or study. Achieving ILR is the ultimate goal for many migrants as it is the final step before acquiring British citizenship.
Benefits of Indefinite Leave to Remain
With ILR, you can:
- Live, work, and study in the UK without restrictions
- Access public funds and benefits
- Use the UK’s National Health Service (NHS) free of charge
- Travel in and out of the UK without additional visas (be mindful not to spend too much time outside the UK to maintain ILR status)
- Apply for British citizenship after one year
Instructing our leading London immigration law firm can ensure your ILR application is meticulously prepared and submitted, maximising your chances of success.
ILR Requirements
To be eligible for ILR, you must:
- Have continuously lived in the UK for the required qualifying period
- Be of good character
- Pass the Life in the UK test
- Prove your knowledge of the English language at B1, B2, C1, or C2 level
- Not have spent more than 180 days outside the UK in any year of the qualifying period
The qualifying period typically depends on the type of visa you hold. For most visas, you must have lived in the UK continuously for five years. However, some visas like the Global Talent Visa and Innovator Founder Visa allow you to apply after three years.
Our leading London immigration law firm can guide you through these requirements and ensure you meet all the necessary criteria for your ILR application.
When Can You Apply for ILR?
Five-Year Route
Most ILR applications are made after five years of continuous residence in the UK on a qualifying visa, including:
Work visas: Skilled Worker visa, Tier 2 Minister of Religion visa, International Sportsperson visa, Turkish Worker visa
Business visas: Global Talent visa, Innovator visa, Tier 1 (Entrepreneur) visa, Representative of an Overseas Business visa, Turkish Businessperson visa
Family visas: Spouse visa, Parent visa, Child visa, Adult Dependent Relative visa
Other visas: Tier 5 (International Agreement) visa, Ancestry visa
In some cases, switching between visa types may require more than five years of residence.
Ten-Year Route
Another pathway to ILR is through the ten-year long-residence route, which is available to those who have lived lawfully in the UK for at least ten continuous years, regardless of the visa types held during that period.
Accelerated Route to ILR
Certain visa holders can qualify for ILR in as little as two or three years, such as:
- Innovator visa
- Entrepreneur visa
- Investor visa
- Global Talent visa
For example, Innovator and Entrepreneur visa holders can apply after three years if they meet specific business growth criteria. Investor visa holders can apply after two or three years, depending on the investment level.
Exemptions for ILR Application
There are circumstances where ILR requirements may be waived or modified. For example, Spouse visa holders may apply sooner if their partner dies or if they are victims of domestic violence. The English language requirement is waived for applicants over 65, those with certain physical or mental conditions, or nationals of specific English-speaking countries.
Additionally, you might be exempt from the Life in the UK test if:
- You are a victim of domestic violence
- You are a foreign or Commonwealth citizen discharged from HM Forces (including Gurkhas)
- You are a highly skilled migrant under the terms of the HSMP judicial review
- You are a bereaved spouse, civil partner, or dependent relative of a person settled in the UK
- You are applying for ILR as a refugee or on the basis of discretionary leave
Why Choose Our Leading London Immigration Law Firm?
Navigating the complexities of an ILR application can be challenging. By instructing our leading London immigration law firm, you ensure that every aspect of your application is handled with expertise and precision. Our experienced solicitors will provide tailored advice, assist with documentation, and represent your interests to maximise the likelihood of a successful application.
Contact our specialist ILR solicitors today on 02030110276 to discuss your case and take the next step towards securing your UK settlement.