Indefinite Leave to Remain Visa UK

Indefinite Leave to Remain (ILR) in the UK, also known as Permanent Residency or Settlement visa, allows people who have legally resided in the UK for a certain period to apply for permission to settle in the country. This process represents the final prerequisite that non-UK nationals must fulfil before becoming eligible to apply for British Citizenship.

Acquiring indefinite leave to stay (ILR) in the UK is a big achievement for many immigrants. It allows them to live and work in the UK without time restrictions.

Indefinite Leave to Remain (ILR) is granted to non-UK citizens, allowing them to live, work, and study in the UK with no time restrictions. ILR is a significant step towards obtaining full British citizenship, offering numerous benefits and a sense of security for those who qualify.

What is an Indefinite Leave to Remain Visa (ILR)

Indefinite Leave to Remain (ILR) allows individuals to stay in the UK on a permanent basis. It is usually the last step before applying for British citizenship. ILR has several benefits, including:

Able to work and study without any restrictions.
Access to public funds and healthcare.
Freedom to travel in and out of the UK without visa restrictions.

It's a significant step towards full British citizenship, offering numerous benefits and a sense of security for those who qualify.

Advantages/Benefits of ILR

The benefits or advantages of Indefinite Leave to Remain (ILR) in the UK:

Residency: ILR allows you the right to live in the UK permanently without any immigration restrictions.
Employment: Holders of ILR are permitted to engage in any employment, regardless of skill level, without the need for a work permit.
Access to Services: ILR holders are entitled to access public funds and services, including healthcare and social benefits.
Pathway to British citizenship: After maintaining ILR for 12 months, individuals become eligible to apply for citizenship.
Travel Flexibility: ILR affords greater flexibility for international travel in and out of the UK compared to other visa categories.

ILR Requirements

To be eligible for Indefinite Leave to Remain (ILR), you must meet specific criteria based on your current visa status. Some common requirements include:

Qualifying Period: You need to have lived in the UK continuously for a set period, usually five years, under a qualifying visa category (such as Tier 2 General, Spouse Visa, etc.).
Continuous Residency: Throughout the qualifying period, you must not be outside the UK for more than 180 days in any 12-month period.
Knowledge of Life in the UK: You need to pass the Life in the UK Test, which assesses your knowledge of British customs, culture, and history.
English Language Requirement: To prove your English proficiency, you need to either pass an approved language test or complete a degree program taught in English.
Good Character: To stay in the UK, you must have no serious criminal convictions or immigration violations.

When can you apply for an ILR visa?

The length of time required for a Settlement Visa in the UK depends on the applicant's current immigration status.

ILR Category	Current Immigration status or UK visa	Qualifying Indefinite Leave to Remain UK period
Work Route leading to ILR UK	Tier 2 General visa or Skilled Worker Visa	After 5 years
Work Route leading to ILR UK	Tier 2 (ICT)	After 5 years provided the initial grant is prior to 6th April 2010
Work Route leading to ILR UK	Tier 2 (Sportsperson)	After 5 years
Work Route leading to ILR UK	Tier 2 (Minister of religion)	After 5 years
Family Route leading to ILR UK	Spouse, unmarried partner or civil partner of a British Citizen or a person settled in the UK visa	After 5 years where the initial period of partner visa or spouse visa is granted after 9th July 2012
	EU Settlement Scheme	After 5 years
Work Route leading to ILR UK	Ancestry visa	After 5 years
Business Route leading to ILR UK	Tier 1 (Entrepreneur)	After 3 or 5 years, depending on the business activity
Business Route leading to ILR UK	Tier 1 (Investor) visa	After 2, 3 or 5 years, depending on the level of investment
Work Route leading to ILR UK	Tier 1 (Exceptional Talent) visa	After 3 years
Work Route leading to ILR UK	Tier 1 (Exceptional Promise) visa	After 5 years
Work Route leading to ILR UK	Global Talent Visa	After 3 or years, depending on the endorsement
Family Route leading to ILR UK	PBS visa dependants or Dependant Visa	After 5 years
Long Residency	Long residence or 10 Years ILR	After 10 years of lawful residence in the UK
Business Route leading to ILR UK	Innovator Visa	After 3 years
Business Route leading to ILR UK	Sole Representative Visa	After 5 years

Application Process

Step 1: Compilation of Documents
Prior to starting the application process, it is crucial to ensure that all necessary documentation is in order. This includes the following: -

Current passport and any previously utilised passports during your residency in the UK.
Biometric Residence Permit (BRP), if applicable.
Evidence of continuous residence, such as utility bills and bank statements.
Evidence confirming English language proficiency.
Life in the UK Test result.
Documentation substantiating your employment or self-employment status in the UK.
Any additional documentation pertinent to your specific visa category.

Step 2: Complete the Online Application
You must apply for ILR using the online visa application form available on the UKVI’s website. When filling out the form, you need to give personal details, immigration history, and information about your time in the UK.

Step 3: Pay the Application Fee
The ILR application fee is substantial and varies depending on the type of application. Before you submit your application, make sure you have enough money to pay the Home Office fee.

Step 4: Book and Attend a Biometric Appointment
Once you have submitted your application, you need to schedule an appointment at a UKVCAS center to provide biometric information.

Step 5: Submit Supporting Documents
Upload all required supporting documents via the UKVCAS website. The supporting documents should be legible, clear and correctly labelled.

Step 6: Decision
The normal processing usually takes up to six months, and applicants may be contacted for additional information or an interview during this time. There are also options for Super Priority Service or Priority Service.

Indefinite Leave to Remain (ILR) Required Documents

It's crucial to have all the necessary documents for a successful Indefinite Leave to Remain (ILR) application in the UK. Below is a list of required documents, although it's not exhaustive:

Passport: Your current passport and any previous passports that document your immigration history in the UK.
Biometric Residence Permit (BRP): Your Biometric Residence Permit (BRP) during your stay in the UK.
Evidence of Continuous Residence: To prove UK residency, you will need to provide documents such as utility bills, council tax statements, tenancy agreements, mortgage statements, and bank statements.
Employment and Financial Evidence: Please ensure you have the following documents as proof of employment: employment contracts, payslips, and bank statements.
Employer Letter: Letter from your current employer confirming your employment status, job title, and salary.
Self-Employment Documents: If you are self-employed, you will need to provide Business accounts, Tax returns, Invoices
English Language Proficiency: Documents may include an English Language Test Certificate or Degree Certificate
Life in the UK Test Pass Notification: Proof that you have passed the Life in the UK test.
Travel outside the UK: Please provide details of any absences from the UK during your qualifying period, including travel dates and reasons for travel.
Documentation in support of any absences from the UK, for example, an employer letter confirming your absences, working hours pattern and annual leave.
Marriage Certificate: You must provide your marriage or civil partnership certificate, if applying as a spouse or civil partner.
Children’s Birth Certificates: You must submit their birth certificates of any children (if applying)
Evidence of your subsisting relationship: You can do this through marriage, civil partnership, along with living together for at least 2 years prior to the application.
Evidence of your accommodation can include a tenancy agreement or mortgage statement.

When applying for the Indefinite Leave to Remain UK (ILR) Visa, you'll need to provide details of previous immigration applications and Civil, traffic or criminal offenses

How To Apply Online ILR Visa For UK

This guide will walk you through the online application process, ensuring you have the necessary information to complete it successfully.

The following are the most commonly used application forms for Indefinite Leave to Remain (ILR):
SET (M) – If you are applying as a spouse, civil partner, same-sex or unmarried partner of a person present and settled in the UK or a British Citizen.

SET (O) – If you are applying as a Tier 2 General visa or Skilled Worker, Tier 1 Entrepreneur, Tier 1 Investor, PBS or Dependant Visa, or Ancestry Visa.

SET (LR) – If applying under 10 years of lawful residence.

To apply for ILR, you should apply online forms on the UKVI (Home Office) website.

1. Create an Online Account
To create an account, please visit the UK Visas and Immigration (UKVI) website and follow these steps:

Access the Gov.UK website.
Proceed to the ILR application section.
You need to follow the instructions to complete the registration process or log in if you already have an account.

2. Complete the Online Application Form
Once logged in, fill out the ILR application form:

Personal Information: Provide details such as your name, date of birth, and nationality.
Current Visa Information: Specify your current visa status and expiry date.
Residence Details: Include your address history for the qualifying period.
Employment Information: Please provide details about your work history if applicable.
Criminal Record: Please disclose any criminal convictions.
Absences from the UK: Please list any trips you took outside the UK during your qualifying period.

3. Pay the Application Fee
The ILR application fee varies, so check the current fee on the UKVI website. The payment of Home Office fees can be paid online using a debit or credit card.

4. Attend a Biometric Appointment
• Once you have submitted the application, you need to schedule an appointment at a UKVCAS center to provide biometric information.
• Booking: Choose a date and time for your appointment.
• Attend Appointment: Bring your appointment confirmation and required documents.

5. Submit Supporting Documents
Upload scanned copies of your supporting documents online through the UKVCAS portal. Ensure all documents are clear and legible.

ILR Visa UK Fees

Home Office fees for the Marriage Visa UK / Fiance Visa
	Standard Application	Priority Service	Super Priority Service	Overseas Application
Main Appplicant	£2,885	£3,385	£3,885	NA
Partner or child aged under 18 (if applying together)	£2,885	£3,385	£3,885	N/A
Partner or child aged under 18 (if they are applying later), or child aged over 18	£2,885	£3,385	£3,885	N/A

ILR Visa UK Application Processing Time

Standard Processing Time

The Home Office aims to process ILR applications within 6 months, but actual processing time may vary.

Factors Affecting Processing Times

Completeness of Application: To prevent delays, it is essential to submit all necessary documents accurately.
Type of ILR Route: Different ILR routes, such as those for work, family, or long residence, may have varying processing times.
Complexity of Case: Applications requiring additional verification or those with complex immigration histories may take longer to process.
Peak Periods: Processing times can be longer during peak periods, such as major holidays or specific times of the year when application volumes are high.
Biometric Information: Providing your biometric information (fingerprints and photo) promptly can help avoid delays. Please make sure to attend your scheduled biometric appointment.

Priority and Super Priority Services
The Home Office offers priority and super-priority services for faster processing:

Priority Service: The application is processed within 5 working days.
Super Priority Service: The application is processed by the end of the next working day.

Tips to Expedite Your Application

Double-Check Your Application: Ensure all sections of the form are completed accurately.
Submit All Required Documents: Refer to the checklist provided by UKVI and submit all necessary documents.
Attend Biometric Appointments Promptly: Please schedule your biometric appointment and attend as soon as you can.
Consider Priority Services: If you need a quicker decision, opt for priority or super priority services if eligible

Requirements Of English Language for ILR Visa United Kingdom

Applicants applying for an Indefinite Leave to Remain visa can meet the English Language Requirement in the following ways:

Passing an approved English language test at the required level (CEFR level B1 or higher); or
Having a degree from a recognised institution, which was taught or researched in English; or
Being a national of one of the English-speaking countries.

What happens in case of absence from the UK?

The Indefinite Leave to Remain UK (ILR) visa allows for absences of up to 180 days in a consecutive 12-month period. For calculation purposes, only whole days away from the UK are counted, while part-day absences (less than 24 hours) are not included. This means that a single absence within the 12-month period that results in the applicant being in the UK for 181 days or more would not exceed the allowable absence of 180 days.

The period between the issuance of entry clearance and entering the UK can also be counted as part of the qualifying period for ILR. Any absences during this time are considered allowable as long as they fall within the 180-day limit.

For Tier 1, Ancestry visa, and PBS dependants applying for ILR, you don't need to give a reason for your absences, as long as they don't go over 180 days in a year. But for other categories like Tier 2 General, your absences must be linked to your job or authorized work in the UK, such as business trips or short periods working elsewhere.

Any short trips outside the UK, even on weekends or non-working days, should be included in the 180-day limit. It's important to provide evidence, such as a letter from the employer, explaining the reasons for absences, including annual leave. Suppose short visits occur on weekends or non-working days. In that case, evidence from the employer should confirm the applicant's normal working pattern and show that the absences occurred during non-working periods.

If absences are linked to employment outside the UK, with UK employment being secondary, the continuous period requirement is not met. This may impact the settlement visa application for the UK.

What happens if my ILR Visa is successfully Accepted?

After Receiving ILR?

Once your ILR application is approved, you'll receive a BRP to confirm your immigration status. Remember to:

Update your employer and other relevant institutions about your new immigration status.
Retain all documentation related to your ILR application for future reference.

Maintaining ILR Status

While ILR grants indefinite residence, it's crucial to maintain your status: Absences from the UK: To keep your ILR status, avoid long periods away from the UK. If you live outside the UK for more than 2 years, you may lose your ILR status in the UK.

Abide by Laws: Continue to abide by UK laws and regulations. Committing serious offences could result in your Indefinite Leave to Remain (ILR) being taken away.

Work Route leading to ILR UK

This category is designed for applicants who have spent 5 years on the work categories including Tier 1 (General), Tier 2 (General), Ancestry visa etc.

Family Route leading to ILR UK

This category is for applicants who have spent in the UK for 2 years (if initial partner visa was applied prior to 9th July 2012) or for 5 years (if the initial partner visa was applied on or after 9th July 2012) as a partner of a British National or Settled person or as a PBS dependant, except for EEA family members who need to spent 5 years.

Long Residency

This category allows applicant who have spent at least 10 years as lawful residence in the UK.

Indefinite Leave to Remain / Settlement Visa Categories

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