What is an Indefinite Leave to Remain (ILR)?
Depending on the category of visa you are on you should be able to secure an Indefinite Leave to Remain after either 5 or 10 years’ of living in the UK continuously and lawfully. ILR means there will be no time restrictions on your right to live and work in the country. You can also start and run your own business.
For every migrant this is the dream. Its also the last check point following which you could also apply for UK nationality.
Most people will qualify for indefinite leave to remain (ILR) after 5 years of lawful living in the UK, where this is not possible you may still be able to qualify after 10 years (also lawful living and continuous).
Eligibility
Its important to know that not all visa routes lead to indefinite leave to remain. This means for a person looking to settle in the UK you will need to ensure that you start your journey in the right category. I have set below all the visas that will set you up for ILR –
UK Ancestry Visa
Retired Person
Tier 1 (General) Visa
Tier 1 (Exceptional Talent) Visa
Tier 1 (Investor) Visa
Tier 1 (Entrepreneur) Visa
The Highly Skilled Migrant Program (HSMP) Visa
Tier 2 (General) Visa
Tier 2 (Minister of Religion) Visa
Tier 2 (Sportsperson) Visa
Tier 2 Intra-Company Transfer (ICT) Visa– only if your first Tier 2 (ICT) visa was granted/issued before 6th April 2010
Tier 5 (International Agreement) Visa
Turkish Business Person – Please note that you only have to be living in the UK for 4 years on this visa to qualify for ILR and can include any time you have spent on a Tier 1 (Entrepreneur), Business or Investor Visa
Investor, Innovator, Businessperson or Self-Employed Lawyer Visa
Work Permit Visa
Sole Representative of an Overseas Business Visa
Representative of an Overseas Newspaper, News Agency or Broadcaster Visa
Domestic Worker Visa – please note that you can only apply for ILR under the 5-year route if your Domestic Worker Visa was issued before 6th April 2012
UK Spouse/Civil Partner/Unmarried Partner/Same-Sex Visa
Asylum Seekers – Note if you are an asylum seeker what you would be going for after 5 years is called SETTLEMENT. In practice it’s a type of ILR but awarded to Asylum seekers only. Speak to us if you are looking for settlement.
EU Application – there is also a separate process for EU applicants; for indefinite leave under EU law read our services under EU applications.
Additional requirement
Other than being on a specific route the immigration rules also set a detail requirement that each application must meet to be awarded ILR.
English Language Requirement
You will have to prove that your English speaking and listening ability is at or above level B1 under the Common European Framework of Reference for Language (CEFR). Over 65s are exempted from this requirement, so are nationals from a few countries that the UK considers Majority English speaking Countries. Feel free to speak us if you want to know whether you are exempted or not.
Life in the UK Test
You will also be required to take the life in the UK test to qualify for ILR. The life in the UK test is a test of your understanding of the life and culture of the UK. A few people are exempted including people with proof of learning difficulties or medical conditions that may make it difficult to take or pass the test. There are online materials and apps that can help you to pass this test. We have seen a significant number of people prepare and pass this test in 2 weeks with the right materials. Speak to us if you need help.
Prove you are financially able to support yourself & any dependants.
You can use your earning or savings to do this. You need to demonstrate that you have sufficient savings/earnings to support yourself and your family.
Continue to meet your specific visa requirement.
This means that for the 5 years period you have lived in the UK you have complied with all the terms of your visa and continue to meet those terms. Any breach without valid reasons could ruin your chances of being granted ILR. Always discuss your circumstances with an expert where you think there is a situation that could potentially be interpreted as a breach of the terms of your visa.
As have seen there is large number of visas that can lead to ILR and the requirements are wide ranging. For a more tailored advice on your specific route you can speak us.
Like most Home office applications which require a decision from a Case Worker, presentation, and simplification of your application (situation) at the back of the immigration rules is everything.
The aim is to achieve a less complicated application pack as you possibly can before its placed in front of a Decision Maker. The less complicated the application can be presented the quicker you will get a decision and the result you desire, which is where we come in.
We have the experience to get you results.
Get in touch for an expert help: 0113 457 9835
