What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain

A person with Indefinite Leave to Remain (ILR) or in other words, with permanent status in the UK, is a person who is legally in the UK without any restrictions or conditions being placed on his/her residence. ILR is the precursor to applying for naturalisation as a British citizen.

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Requirements for ILR

The requirements for ILR vary depending on the visa category of the applicant. The general requirements taken into consideration in ILR applications are:

  • Length of time spent in the UK
  • English Language test
  • Life in the UK test
  • Absence/presence of unspent criminal conviction
  • Continuous lawful residence

Qualifying period for ILR

The qualifying period for ILR can vary depending on the visa category you were in when you entered the UK and/or have been in since you entered. You and any of your dependents applying with you should apply before the end of your/their permitted stay in the UK. However, the application should not be made more than 28 days before completing the qualifying period.

The qualifying periods for ILR are as follows:

  • 2 or 3 years in the following visa categories:
  1. Tier 1 Investor (accelerated)
  • 3 years in the following visa categories:
  1. Tier 1 Entrepreneur (accelerated)
  2. Tier 1 Exceptional Talent (accelerated)
  • 5 years in the following visa categories:
  1. Tier 1 and Tier 2 point-based system (excluding Post-study work category of Tier 1)
  2. Tier 1 Entrepreneur (Start-up/Innovator
  3. Tier 1 Investor
  4. Tier 1 Global Investor
  5. Sole Representative of an overseas business
  6. UK ancestry
  7. Retired person of independent means 

How travelling affects continuous stay

 The qualifying period will be calculated by counting backward from whichever of the following is most beneficial to the applicant: the date of application, or the date of decision, any date up to 28 days after the date of application.

Previously, if you were absent from the UK for more than 180 days in any 12-month period the continuous period would be been broken. Following recent changes to rules pertaining to absences, for settlement applications made from 11th January 2018, absences from the UK are calculated on a rolling basis rather than in separate consecutive 12-month periods. However, if your qualifying period includes Leave granted before this date, any absences during that Leave will be considered under the previous rules, i.e. in separate 12-month periods.

In some circumstances, the Home Office may consider a period of absence from the UK as an allowable absence, if the absence is for a serious or compelling reason. This usually includes:

  • Serious illness of the applicant or a close relative
  • A conflict
  • A natural disaster, for example, tsunami or volcanic eruption

How NA Law Solicitors can help with your ILR application: 

Our team of immigration solicitors specialise in the provision of advice on all aspects of UK immigration law and with years of experience, we can ensure your application is up to the highest possible standard.

Get in touch for an initial case assessment to find out how we can help you stay in the UK permanently.

Frequently asked questions (FAQs):

If you have been successful in obtaining an ILR, you may be able to apply for naturalisation as a British citizen depending on the visa category you are in.

For instance, if you are a married to a British citizen, you can apply for naturalisation straight after you obtain your ILR. If you obtained ILR through the 5-year qualification period as a Tier 1 General, Tier 2 General route, you can apply for British citizenship 12 months after the approval of your ILR.

You will need to take the Life in UK Test. You will also need to take an English Language test (IELTS). However, if you have a university degree taught in English, you will not need to take the English Language test.

You eligible to apply for British Citizenship a year after being granted ILR,  or immediately if you are married to a British Citizen.

ILR does not expire. However, it is important not to spend long periods of more than two years outside the UK as this may lead to the loss of ILR.

Many ILR holders make the mistake of assuming that they have the right to abode once they obtain ILR. However, even if you have ILR, you may lose your ILR if your leave the UK for more than 2 years. In this case, you may be able to reapply for ILR and start over again.

Alternatively, you may also lose your ILR if you commit an offence that carries a prison sentence of more than 4 years.

ILR may be revoked if you commit a serious offence, or for reasons of national security.

It may be revoked where an immigration officer does not believe you intend to reside in the UK. This could happen where you have left the UK, and have returned other than for an indefinite period, i.e. as a visitor.

You may also lose ILR if you have left the UK for a period of more than two years.

You must apply for a returning resident visa to come back to live in the UK if you were previously settled.

If you entered the UK through Ireland and are unable to demonstrate your date of entry from your passport, alternative evidence can be used to demonstrate your date of entry into the UK. This may include:

  • A copy of your travel ticket
  • A letter from your previous or current employer stating when you started your employment in the UK
  • A tenancy agreement from your landlord stating when you started residing in the UK

Our team of immigration solicitors specialise in the provision of advice on all aspects of UK immigration law and with years of experience, we can ensure your application is up to the highest possible standard.

Get in touch for an initial case assessment to find out how we can help you stay in the UK permanently.

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