Indefinite Leave to Remain UK Requirements

Indefinite Leave to Remain (ILR), also known as permanent residency or settled status, permits individuals to live, work, and study in the UK without immigration restrictions. Achieving ILR can eventually lead to British citizenship. The process and requirements for ILR can vary based on visa type and individual circumstances. It’s crucial to understand these requirements before applying.

Holding ILR for a certain period can lead to eligibility for British citizenship, which offers additional freedoms. For personalized advice and assistance with your ILR application, contact Immigration Connection experts for Indefinite Leave to Remain (ILR) advice . We can help ensure your application meets all criteria and has a strong chance of success.

Key Requirements for Indefinite Leave to Remain ILR

Minimum Residency Period

To qualify for ILR, you must have resided lawfully in the UK for a specified period, which varies by visa type. For example:

  • Tier 1 Investor visa holders may qualify after two years.

  • Applicants under the 10-year rule need to have lived in the UK for at least five years.

English Language and Knowledge of Life in the UK

You must demonstrate English language proficiency and knowledge of life in the UK (KoLL). This typically involves:

  • Passing the Home Office’s Life in the UK test, which includes 24 multiple-choice questions on British culture, traditions, and history.

  • Showing a genuine understanding of UK laws, values, and culture.

Impact of Indefinite Leave to Remain ILR on Your Rights and Responsibilities

Employment and Benefits

Upon receiving ILR, you gain the right to work and claim benefits in the UK. Your ILR certificate confirms your status. However, losing ILR could affect these rights, and you may need to reapply for entry clearance to return.

Security and Public Policy Considerations

ILR status can be revoked for national security or public policy reasons, at the discretion of the Home Secretary.

The Indefinite Leave to Remain ILR Application Process

Application Forms and Documentation

To apply for ILR, submit the appropriate form (SET(M) or SET(O)) based on your visa type, along with:

  • Photocopies of passport pages with visas or stamps.

  • Photocopies of the first and last pages of your passport.

  • Any additional required documents, such as utility bills or bank statements.

Biometric Data and Interviews

You may need to attend an interview at a UK Visa and Citizenship Applications Service (UKVCAS) centre to provide biometric data and confirm you meet ILR criteria. It’s advisable to seek guidance from an experienced immigration solicitor to navigate the application process successfully.

Eligibility for Indefinite Leave to Remain (ILR)

General Eligibility Criteria

To be eligible for ILR, you must:

  • Have resided lawfully in the UK for at least five years.

  • Pass the Life in the UK test.

  • Demonstrate English language proficiency.

  • Have a valid passport and adhere to immigration laws.

Routes to ILR (Indefinite Leave to Remain)

Common routes to ILR include:

  • Skilled Worker visa.

  • Family visa.

After five years on either of these visas, you may apply for ILR if all requirements are met.

Consideration of Absences and Compelling Reasons

Extended absences during the qualifying period may still be acceptable if there are compelling and compassionate grounds, such as medical treatment. Each application is reviewed individually by the Home Office.

 

August 9, 2024