Indefinite Leave to Remain (ILR)

Settled status is the equivalent of indefinite leave to remain granted to EEA nationals and their family members under the EU Settlement scheme.

People who have indefinite leave to remain or settled status are called settled.

One of the important benefits of being settled is that children born to you in the UK will be  British by birth. They will not need to be registered as British citizens, all you need to do is apply for their British passport.

Children born in the UK at the time when neither parent is settled, are entitled to be registered as British citizens as soon as at least one of the parents is granted ILR.

 Indefinite leave to remain after five years continuous lawful residence

The most common immigration categories leading to settlement after five years of residence are:

1. Spouse or Partner visa;
2. Tier 1 visa;
3. Skilled Worker or Tier 2 visa(with the exception of Tier 2 ICT);
4. Ancestry visa;
5. Sole representative of an overseas business;
6. Innovator;
7. Global talent.

Dependants of the main visa holders in the above categories can also apply for indefinite leave to remain. Residence requirements for the dependants vary depending on the type of the visa of the main visa holder.

General requirements for indefinite leave to remain

1. You have to have spent in the UK a continuous period of time which varies (from two to 10 years) depending on the category you are applying in.
2. For most (but not all) immigration categories there is a restriction on the number of days you can be absent from the UK during the period of residence you are relying on.
3. Knowledge of English to B1 level or above. You can meet the requirement by passing the language test with an approved test provider or by having a University degree which was taught or researched in English. The language requirement does not apply to children under 18 or persons over 65 years old. EEA nationals applying for settled status do not have to meet the language requirement.
4. Knowledge of Life in the UK. This is a separate test from the language test. Persons over 65 and children under 18 are exempt. EEA nationals are not required to take this test for settled status application. The test is valid for life and you can rely on the results in your application for naturalisation.
5. Good character requirement – check the General grounds for refusal below.

The same requirements apply to partners of the main visa holders. Absence restrictions or continuous residence requirements do not apply to partners of ancestry visa holders. Dependent children qualify for ILR at the same time as dependent partner of the main applicant.Each immigration route has its own requirements for ILR in addition to the general requirements listed above.

General Grounds for Refusal of ILR

General grounds for refusal of indefinite leave to remain are set out under paragraph 322 (1C) of the immigration rules:

• convictions which had led to a sentence of imprisonment of 4 years or more (there is no amnesty period);
• convictions which had led to a sentence of imprisonment from 12 months to under 4 years, unless 15 years have passed since the end of the sentence;
• sentence to imprisonment for less than 12 months, unless 7 years have passed since the end of the sentence;
• any non-custodial sentence, caution or warning within 24 months prior to the date of the decision on the application.

Time spent in the Crown Dependencies

The Crown Dependencies are the Isle of Man and the Bailiwicks of Jersey and Guernsey.  These territories have their own immigration systems, but time spent there may be counted towards the five-year qualifying period for indefinite leave to remain in the UK provided you are applying in an eligible work category and your leave in the Crown Dependency was in an equivalent or similar category.

The eligible visa categories under the UK immigration rules are:

• Tier 1 Exceptional talent, Entrepreneur and Investor;
• Tier 2 General, Sportsperson and Minister of religion;
• Ancestry visa holders

It is important to note that the continuous residence and, if applicable, the continuous employment requirements apply to the time spent in the Crown Dependencies as well as the time spent in the UK during the relevant five-year period.

Although not part of the UK for immigration purposes, the Crown Dependencies are defined as part of the UK under the British Nationality Act and persons born there may qualify for British citizenship.

Accelerated settlement

Entrepreneur, investor, innovator and global talent routes allow accelerated settlement in less than five years.

Accelerated settlement for investors

The qualifying investment for settlement after three years of residence is £5 million, or £10 million for settlement after two years of residence.

Tier 1 Entrepreneurs

Tier 1 Entrepreneurs may qualify for indefinite leave to remain after 3 years of residence if their business has created at least 10 new jobs or received at least £5 million in income from business activities.

Innovator

Innovators qualify for ILR after three years of residence. They have to achieve at least two goals from the list of options.

Global Talent

The qualifying period for dependants is five years independently of whether the main applicant qualified under the accelerated route or not.

ILR FAQs

Does ILR have an expiry date?

There is no time limit on indefinite leave to remain, but it is automatically invalidated if you leave the UK for more than two years.

ILR may be revoked if the migrant commits a serious criminal offence.

Similar to other immigration categories, indefinite leave to remain is evidenced by a Biometric Residence Permit (BRP). The BRP is issued for 10 years. The end date on the BRP is not the same as the expiry date of ILR. It only shows the date of validity of the document. If you have accidentally overlooked the expiry date of your BRP with indefinite leave to remain endorsement, you haven’t lost your right of residence. However, it is advisable to apply for a new document before the expiry of the previous one.

How to renew the BRP

The application is made online. You will be invited for a new biometric appointment. You will be required to submit additional documents showing that you have been resident in the UK and that your ILR has not lapsed due to absences.

ILR on the basis of 10 years long residence

Have you lived lawfully in the UK for a continuous period of 10 years?

The first question to ask is about your absences from the UK. Have you been out of the UK for more than 540 days during this 10 year period? Have you been absent from the UK for six months or more in any one go?

The next question is whether you have always made timely applications to extend your leave to remain. Has the Home Office ever returned your application as invalid? It may have seemed unimportant at the time, but it could have made you an over stayer. And you may not have known about it. Have you ever been an over stayer?

If your immigration history is beyond reproach and absences from the UK do not exceed 540 days in 10 years, you are eligible to apply for indefinite leave to remain.

 ILR on the basis of 10 years long residence- application requirements

The application is subject to the following conditions:

1. Continuous legal residence: no interruptions in the legality of stay with the exception of any periods of overstaying of up to 28 days before 24 November 2016, or disregarding periods of overstaying after 24 November 2016 if leave was nevertheless granted after this date under paragraph 39E of the Immigration Rules;
2. Absences from the UK should not exceed 18 months in total during the 10 year period or six months in any one time; continuous residence is not interrupted if the applicant left the UK while holding a valid leave to remain and returned to the UK within six months with a valid leave to enter; or where applicant left the UK after expiry of the visa but reapplied for entry clearance within 28 days of expiry and before 24 November 2016, and re-entered the UK within six months of leaving the country;
3. There are no considerations of public interest that would make grant of indefinite leave undesirable;
4. Good character;
5. Successful completion of Knowledge of Language and Life in the UK test.

Good character requirements for ILR applications

Good character requirements, as per paragraph 322 (1C) of the Immigration Rules, are subject to the following conditions:

1. Good character requirement cannot be met where the person was convicted of a criminal offence and sentenced to imprisonment of four years or longer;
2. Where the applicant had been convicted of a criminal offence and sentenced to imprisonment of 12 months or more but less than 4 years, the conviction is considered spent after 15 years from the end of the sentence;
3. Convictions punished by imprisonment of less than 12 months are considered spent after 7 years since the end of the sentence;
4. Within 24 months from the date on which the application for indefinite leave to remain is decided there should be no convictions or admissions of liability punished by a non-custodial sentence or any out of court disposal which would be recorded in the applicant’s criminal record.

Public interest considerations

In addition to the Good Character requirements, public interest considerations include personal history, character, conduct, associations and employment record. This rule allows the decision-maker a wider use of discretion and may potentially lead to refusal on the grounds not explicitly spelled out in the immigration rules.

Dependents of applicants for indefinite leave to remain under the long residence rule

It is important to bear in mind that there are no provisions for dependents to be included in the application for settlement under the long residence rule. We strongly recommend seeking legal advice before applying as there is no general rule covering dependents of the applicants under the long residence rule and each scenario requires individual consideration.

When to apply

Applications can be made up to 28 days prior to completion of the qualifying 10-year period. Applications made earlier would normally be refused.

Alternative applications for further leave to remain

Where an application for indefinite leave to remain cannot succeed, either due to the Knowledge of Language and Life requirement or due to Good Character requirement, the applicant may consider applying for extension of leave to remain on the basis of continuous lawful residence of 10 years.