Indefinite Leave To Remain
Indefinite Leave to Remain (UK Settlement)
Indefinite Leave to Remain (ILR) or Permanent Residency (PR) is an immigration status which allows you to live in the United Kingdom without restrictions. At Legal Pathway Solicitors, we can guide and assist you in obtaining ILR.
ILR Eligibility Requirements
Typically, the essential requirements to become eligible for Indefinite Leave to Remain status are as follows:
- Take and pass the Standard English language requirements.
- Lawfully reside in the UK for the minimum qualifying period set out by the Home Office (UK Immigration policy).
- Satisfy the ‘character suitability’ requirements—have no criminal record or have not breached any immigration law during your stay in the UK.
- Meet the 180-day limit, i.e. you must not stay outside the UK for more than 180 days and in a consecutive 12-month period.
- Pass the ‘Life in UK test’.
ILR Exemptions
The following applicants are exempted from applying for ILR and are automatically considered for and granted settled status in the UK:
- Refugees with settled status in the UK through the Gateway Protection Program
- Child dependents of a British citizen or person having settled status.
- Those eligible for Permanent Residency/British Citizenship by descent — UK ancestry
- An adult-dependent person with a settled status/ a British Citizen who requires long-term care from their UK family member.
These exceptional cases stipulate that it is possible to secure a Permanent Residency without having to hold a specific immigration visa/route.
Different Routes to Indefinite Leave to Remain
If you have abided by the immigration rules and regulations while residing in the UK under a settlement visa, you can apply for ILR. The minimum threshold qualifying period depends on the kind of visa or immigration route you are holding, and these include:
- T1 Investor Visa (Tier 1)
- Tier 1 Innovator Visa
- Tier 1 Start-up Visa
- Global talent (Tier1 (Exceptional Talent)
- Tier 1 Graduate Entrepreneur Visa
- Tier 1 Entrepreneur Visa
- Spouse Visa
- Family Visa
- Unmarried Civil Partner
- Long residence
- Retired Person Visa
- Returning Resident
- T2 Ministry of Religion (Tier 2 Visa)
- Skilled worker (Tier 2 (general)
- T2 sportsperson (Tier 2 (Sportsperson)
- Tier 2 Intra-Company Transfer Visa
- Representative of an overseas (Media representative and Sole Representative)
- T5 (Temporary worker) International Agreement Worker (Private Servant in a Diplomatic Household)
Fewer traditional routes will sanction an applicant to become eligible for ILR without holding any specific category visa. Find out more with our Legal Pathway legal advisory package at 0203 004 9956, or feel free to drop an email at contact@legalpathway.co.uk.
ILR Qualifying Period Requirement
The requirements to qualify for the settlement/ILR vary depending on the applicant’s circumstances, including the nature of the visa (type of immigration route) they hold. For instance:
- Applicants with Domestic Worker in a Private Household route qualify to apply after lawfully living in the UK for 5 straight years.
- Applicants with Entrepreneur — Tier 1 route — the qualifying period to settlement is 3 or 5 years.
- Applicants with Investor — Tier 1 route — can qualify for ILR/settlement after 2,3 or 5 years, provided they have met the requirements.
- Moreover, the applicants with a Retired Person of Independent route — the qualifying period for settlement is after 5 years.
Qualifying Period for ILR after 5 Years Continuous Period
Applicants with Domestic Worker in a Private Household route qualify to apply for settlement after lawfully living in the UK for 5 straight years. The qualifying period to settlement for applicants with Entrepreneur – Tier 1 route is 3 or 5 years, while applicants with Investor – Tier 1 route – can qualify for ILR/settlement after 2, 3 or 5 years, provided they have met the requirements. For applicants with the Retired Person of Independent route, the qualifying period for settlement is after 5 years.
In most cases, if you are a non-EEA citizen residing outside/inside the UK, a 5-year continuous period of lawful residence is applied. Typically, the following visa holders can apply for ILR in the UK after five years continuous period: UK Ancestry Visa, Family Visa, Spouse Visa, Unmarried Partner Visa, and Business Visa.
ILR with Less Than 5 Years of Residency
However, some visa holders are exempted from the 5-year qualifying period for UK settlement and are granted permission to live in the UK permanently. For example, Tier 1 Global Talent Visa applicants can apply for ILR only after three years of continuous residence in the UK, provided that the last endorsement was designated under the ‘leaders’ category and was endorsed by a science body. Innovator Visa applicants are eligible after 3 years, depending on the business achievement. For citizens of the Commonwealth (those who served in the British Armed Forces), the qualifying period for ILR is after only 4 years.
ILR After 10 Years Long Residency
Once the applicants have completed 10 years of continuous lawful residence in the UK, they can apply for Indefinite Leave to Remain. The applicants must not have more than 540 days of absence from the UK in the 10 years. The lawful residence period can be completed with various combinations of visa applications.
Documents for Indefinite Leave to Remain Application
To apply for Indefinite Leave to Remain, generally, the following evidence must be provided: a valid passport or a travel document, a travel history, if any, a certified pass certificate of ‘Life in the UK’ test, a certified pass certificate of English Proficiency (B1 level specified by CEFR), adoption/birth certificates (if applicable), a police registration certificate (for those who are required to register with the police during their arrival in the UK), a travel proof confirming any time spent outside the UK during your residency period, financial information such as bank statements, any other relevant documentation that would be relevant to your specific visa category, and immigration history.
English Language Requirements for ILR
It must satisfy UK immigration rules and regulations, including meeting the standard English language (B1 level specified by CEFR) requirements to stand eligible for Permanent Residency/ Indefinite Leave to Remain in the UK.
You can fulfil the English language requirement in the following ways: a B1 certificate of English Proficiency issued by the certified and approved test centre, an accredited English-taught degree (Bachelor/Master/Ph.D.) recognizable by UK ENIC (previously known as UK NARIC) or having completed a degree (Bachelors/Masters/Ph.D.) in the UK.
Being Outside the UK Longer than 180 Days
In order to be able to apply for ILR, you must not be outside the UK for more than 180 days in any given consecutive 12-month period. Under exceptional cases, it is recommended for all the applicants to attach a document of evidence stating a sound reason for their absences exceeding 180 consecutive days. These could include birth/death certificates, medical certificates, or evidence of travel crises about the delays in entry to the UK. It is advised to keep a strong record of absences spent outside the UK when applying for the ILR.
180 Days Limit for Settled Workers
For any applicant in the ‘settled work/employment visa category’, the required evidence (in the form of a letter) regarding the ‘paid annual leave’ must be ‘in line with UK annual paid leaves entitlement to settled workers’. It is also essential to understand that if the business no longer exists, any extended stay out of the UK is not permissible, and applicants shall lose the right to apply for the UK settlement status.
If Your Indefinite Leave to Remain Application was Rejected
If your Indefinite Leave to Remain application is rejected, you can still secure your chances of getting permanent residency in the UK. Your refusal letter states the reasons for this rejection. Alternatively, several options (also indicated in the rejection letter) to make an ILR appeal, including starting the ILR application to rectify any mistakes/missing information previously made, seeking a Judicial Review, or Administrative Review. It is important to note that your ILR rejection letter should indicate whether or not you are eligible/entitled to make a refusal appeal or resubmit the application with fresh evidence through the above-stated options.
Contact Us
Contact us for detailed guidance on visa categories and assistance with your ILR application. Our legal team at Legal Pathway Solicitors can guide you through the process and help you secure your ILR status in the UK.
