Indefinite Leave to Remain (ILR) in the UK: Your Complete Guide
Indefinite Leave to Remain (ILR) is a vital step in your UK immigration journey. It grants permanent residence, allowing you to live, work, and study in the UK without time restrictions. Achieving ILR also paves the way for British citizenship. Whether you’re on a Skilled Worker visa, a Spouse visa, or have Discretionary Leave to Remain, this guide covers the eligibility criteria, required documents, and common questions.
Eligibility for Indefinite Leave to Remain (ILR)
There are various routes to ILR depending on your immigration status in the UK. Here’s a breakdown of the most common pathways:
1. ILR for Skilled Worker Visa Holders
If you’re in the UK under the Skilled Worker route, you may apply for ILR after completing five years of continuous residence.
Requirements:
- Continuous Residence: 5 years in the UK under a Skilled Worker visa.
- Employment: Ongoing employment with a licensed sponsor.
- Absences: No more than 180 days outside the UK in any 12-month period during the 5 years.
- Knowledge of Life in the UK: Pass the Life in the UK test.
- English Language: Meet the English language requirement.
2. ILR for Spouse or Partner Visa Holders
Spouses or civil partners of British citizens or settled individuals can apply for ILR after five years of continuous residence on a Spouse visa.Requirements:
- Relationship: Proof of a genuine relationship.
- Financial Requirement: Meet the financial threshold (currently £18,600 for a couple, subject to exemptions).
- Residency: Five years of continuous residence in the UK.
- Life in the UK and English Language: Pass the required tests unless exempt.
3. ILR Through Discretionary Leave to Remain (DLR)
Discretionary Leave is granted on a case-by-case basis for individuals with unique circumstances. ILR is typically available after 5 or 10 years of residence, depending on the conditions of the leave.
Requirements:
- Continuous Residence: Complete the qualifying period of 5 or 10 years.
- Good Character: No criminal record or immigration breaches.
- Life in the UK Test and English Language: Fulfill the knowledge and language criteria unless exempt.
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4. ILR for Refugees and Humanitarian Protection Holders
Refugees and individuals with humanitarian protection can apply for ILR after five years of residence.
Requirements:
- Continuous Residence: 5 years as a refugee or under humanitarian protection.
- Good Character: Adherence to UK laws with no criminal offences.
- Life in the UK Test and Language: Must meet the standard requirements unless exempt.
5. ILR for EU Citizens and EEA Nationals
EU, EEA, and Swiss citizens may apply for ILR through the EU Settlement Scheme after five years of residence.
Requirements:
- Continuous Residence: 5 years of lawful residence in the UK.
- Absences: No more than 180 days in any 12-month period.
- Good Character: No criminal convictions or immigration issues.
Documents Required for ILR Application
- Valid Passport or Travel Document
- Biometric Residence Permit (BRP)
- Proof of Continuous Residence: Utility bills, bank statements, or tenancy agreements.
- Proof of Employment or Self-Employment: Payslips, employment letters, or tax returns.
- Evidence of Relationship (for Spouse Visa): Marriage certificate, joint bills, or tenancy agreements.
- Life in the UK Test Certificate
- English Language Test Certificate (if required).
Common Questions About ILR
1. Can I Lose ILR Once Granted?
Yes. ILR can be lost if you:
- Leave the UK for more than two consecutive years.
- Commit a serious crime that leads to deportation.
2. How Long Does It Take to Process an ILR Application?
ILR applications typically take up to 6 months for a standard application. Priority and super-priority services are available for faster decisions.
3.Can I Apply for British Citizenship After ILR?
Yes, you can apply for British citizenship 12 months after receiving ILR, provided you meet the eligibility requirements.
4. Do I Need to Meet the Financial Requirement for ILR?
Yes, applicants under certain routes, such as the Spouse visa, must meet the financial requirement unless exempt due to specific circumstances.
5. What Happens If My ILR Application is Refused?
If your ILR application is refused, you may have the right to appeal or request an administrative review. Our legal team can assist you in challenging a refusal.
How Lawfinity Solicitors Can Help You
Applying for Indefinite Leave to Remain can be a complex and time-consuming process. At Lawfinity Solicitors, we:
- Assess your eligibility based on your immigration history.
- Assist in gathering and preparing the necessary documents.
- Ensure that your application is complete and accurate to avoid delays or refusals.
- Represent you in appeals or reconsideration requests if necessary.
Contact us today to speak with our expert immigration lawyers and take the next step toward permanent residence in the UK.
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