Law

Understanding the Eligibility Criteria for Indefinite Leave to Remain

A migrant to the UK has the right to make a permanent move to the country without any immigration restrictions when they achieve indefinite leave to remain (ILR) status. It’s also known as a “permanent residence” or “settlement visa”, as a settlement is made between an individual and the UK government to lead to the person and potentially their family members staying in the UK without applying for another visa.

Not everyone will be accepted for ILR, as there are specific requirements that need to be met to become eligible and stay in the UK. If you meet the eligibility criteria, you can live, study, and work in the UK, as well as gain access to public funds and the NHS without extra costs. This guide will explore ILR and how you can become eligible for the status. Continue reading if you are looking to apply for an ILR or simply want to learn more.

ILR Requirements

There are eligibility requirements that need to be met to qualify for an ILR and be accepted, including:

Resided in the UK for a certain period of time.
Passed the Life in the UK Test.
Not spent more than 90 days outside the UK in 12 months during the qualifying period.
Not breached any immigration rules during UK stay.
Zero criminal record.
Have a Level B1 in English, as per the CEFR.

If you meet these requirements, you can make an application for ILR and potentially begin plans to settle in the UK. Once you have been in the UK for 12 months with an ILR, you will have the opportunity to apply to become a British citizen.

When Can You Apply for ILR?

The residency requirement before you can apply for ILR depends on the type of visa you are currently holding. Five years is the most common timeframe before someone can apply for an ILR, but it can also be applied for within three years if you’re an entrepreneur, innovator or investor visa holder.

Five-year Route

Let’s take a look at the most common method of applying for an ILR; the five-year route. The following visas qualify for ILR after five years:

Work Visas
Business Visas
Family Visas
Tier 5 Visas
Ancestry Visas

If you switch to a different visa at any point, it might ‘reset the clock’ and you will then need to build up to five years again from scratch. This isn’t the case for all visas, so you will need to conduct research for the visa you are looking to switch to. For some visas (e.g. Skilled Worker and Tier 2 routes), it may be possible to combine time in the UK on different visa types to meet the qualifying period of five years.

How do I apply for ILR?

Once you know that you are eligible for an ILR, you will need to complete the following steps when applying for an ILR:

Complete and submit the application form.
Pay the ILR application fee.
Pay the biometric residence permit (BRP) fee.
Book an appointment with your nearest UK Visa and Citizenship Application Services (UKVCAS)
Provide your biometric information to UKVCAS.
Provide UK Visas and Immigration (UKVI) with the required documents.
Attend an interview with UKVI, if required.

You can expect to receive a decision on your ILR application within 6 months, but it can sometimes take longer if there are any unforeseen situations. It is also possible to pay an extra £1K for the ‘super-priority service’, in which case you will receive a decision within 1-2 working days. You can also get a result within 5 working days if you pay a £500 fee.