Indefinite Leave to Remain or settlement (“ILR”) is the right of permanent residency in the UK.

An individual who has legally settled in the UK will no longer be subject to immigration restrictions and can remain in the country for as long as they wish.

What is Indefinite Leave to Remain?

ILR is an immigration status which allows you to live, work, and study in the United Kingdom (“UK”) indefinitely. You can access the NHS and state benefits, if eligible. You can use it to apply for British citizenship, opening doors to additional benefits and opportunities. Your children will automatically become British citizens if they are born in the UK.

It is an attractive option if you are currently on a temporary visa such as a family or work visa and want to continue living in the UK on a long-term basis. You will no longer need to worry about renewing your visa or meet ongoing immigration requirements.

However, ILR is perhaps not as permanent as it sounds. Unlike British citizenship, ILR can lapse if you have significant periods of absences from the UK. We will discuss this in more detail in our next blog.

1. Am I eligible for Indefinite Leave to Remain?

You may be eligible to submit an indefinite leave to remain application if any of the following apply:

• You have family in the UK;
• You work in the UK;
• You are a Commonwealth citizen;
• You are an EU national;
• You have lived in the UK for 10 years.

2.When can I submit an Indefinite Leave to Remain Application?

Before you can submit an indefinite leave to remain application, you must have been living in the UK on an eligible visa(s) for a continuous period, also known as “the qualifying period”.

For most visas, the qualifying period will be 5 years. We’ve outlined some of the main visa routes to ILR and the relevant qualifying periods:

3. Indefinite Leave to Remain; requirements & eligibility

You do not automatically qualify for ILR once you have completed a continuous period of lawful residence in the UK. You must submit an online application to UK Visas and Immigration (UKVI) with evidence that you meet the following requirements:

• Continuous lawful residence in the UK for the required qualifying period;
• Absences from the UK not exceeding 180 days in any 12-month period during the qualifying period;
• Passed a Life in the UK Test;
• Sufficient knowledge of English language.

180-day rule

You must have spent no more than 180 days outside the UK in any 12-month period. Under the 10-year Long Residence route, absences can be summarised as follows:

• any single absences started before 11 April 2024 must be no longer than 184 days;
• if you have completed a 10-year period before 11 April 2024, you must not have total absences of more than 548 days;
• from 11 April 2024, you must not have been outside the UK for more than 180 days in any 12-month period and the 548 total absences limit is removed.

It is crucial to keep track of your travel dates and maintain accurate records to ensure compliance with this requirement.

The family routes do not have a 180-day rule at the indefinite leave to remain application stage, but absences will be taken into account when applying for British citizenship.

If you have excessive absences due to “serious or compelling reasons”, the Home Office may exercise discretion and allow the application. Serious or compelling reasons could include:

• Serious illness of the applicant or a close relative;
• Conflict;
• Natural disaster, for example, volcanic eruption or tsunami.

Knowledge of English language and life in the UK

You must also demonstrate a sufficient knowledge of the English language. You can prove this through an approved English language test at minimum level B1, or by having obtained a relevant qualification in the UK or abroad, provided the course was taught in English.

You do not need to prove your knowledge of the English language if you are 65 or over, have a long-term physical or mental condition or come from a majority English-speaking country.

In addition to the language requirement, you must pass a Life in the UK test as part of the indefinite leave to remain application. The test is completed online and comprises of a 45-minute multiple-choice test focused on the history, culture, and values of the UK. You must score 75% (18 out of 24).

The test costs £50 and the Home Office has published various resources which can be purchased to aid your revision.

Indefinite Leave to Remain; application process

The earliest you can submit an indefinite leave to remain application is 28 days before you’re eligible and the application costs £2,885.

You will be required to submit your biometrics (fingerprints and a photo) at your nearest visa centre.

You will normally receive a decision within 6 months if you apply using the standard service. There may be an option to select priority service and receive a decision within 5 working days (£500) or by the end of the next working day with super priority (£1000).

How can we help?

The indefinite leave to remain application can be a tricky process to navigate and given the significant time and costs involved, it is important get it right the first time. Our team of experts can assess your eligibility and guide you through the application process.

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