How to Apply for Indefinite Leave to Remain (ILR) in the UK

 

Indefinite Leave to Remain (ILR) is a crucial step toward settling permanently in the UK. It grants foreign nationals the right to live and work in the UK without any immigration restrictions. For many, ILR is the pathway to British citizenship, as it allows individuals to apply for naturalization after holding ILR status for a certain period.

In this guide, we’ll break down the ILR application process, including eligibility requirements, documentation, the application procedure, and key tips to ensure a successful application.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. Once granted, ILR provides numerous benefits, including:

• The right to live and work in the UK indefinitely.
• No immigration restrictions (you won’t need a visa to stay in the UK).
• Access to public funds (if eligible).
• The ability to apply for British citizenship after a qualifying period.

However, ILR can be lost if you leave the UK for more than 2 years or commit certain criminal offenses.

Eligibility for ILR

To apply for ILR, applicants must meet several key criteria. These requirements vary depending on the type of visa you hold, but general eligibility factors include:

1. Qualifying Period of Residence

You must have lived in the UK for a specified amount of time under a qualifying visa. The required length of stay depends on the type of visa you hold:

• Skilled Worker Visa (formerly Tier 2): 5 years of continuous residence.
• Spouse or Partner Visa: 5 years of continuous residence.
• Innovator or Investor Visa: 3 or 5 years, depending on the category.
• Long Residence: 10 years of continuous lawful residence in the UK.

During this period, you must not have spent more than 180 days outside the UK in any 12-month period.

2. Good Character Requirement

You must demonstrate good character, meaning you have no serious criminal convictions and have adhered to UK laws and immigration rules during your stay.

3. English Language Proficiency

Applicants must prove their proficiency in English unless they are from a majority English-speaking country. This is typically done by passing an approved English language test (CEFR level B1) or by providing proof of a UK degree or equivalent qualification taught in English.

4. Life in the UK Test

All applicants must pass the Life in the UK Test, which assesses knowledge of British history, culture, and laws. The test must be booked in advance, and you must provide the test pass certificate when applying for ILR.

5. Financial Requirement

For certain visa categories, such as the Spouse or Partner Visa, you must meet the financial requirement, showing you have sufficient funds to support yourself and your dependents without relying on public funds.

Step-by-Step Guide to Applying for ILR

Once you meet the eligibility requirements, you can begin the ILR application process. Below is a step-by-step guide to help you navigate the process:

Step 1: Check Your Eligibility

Before applying, make sure you meet all the eligibility criteria for your specific visa category. Double-check that you have completed the qualifying period of residence and that your absences from the UK do not exceed 180 days in any 12-month period.

Step 2: Gather Required Documents

You will need to provide various documents to support your ILR application. The specific documents may vary based on your visa type, but generally, you will need:

• Passport and any previous passports.
• Biometric Residence Permit (BRP) (if applicable).
• Proof of continuous residence: Utility bills, bank statements, or tenancy agreements showing you’ve lived in the UK continuously.
• Proof of employment: Payslips and employer letters for work visas.
• Life in the UK Test pass certificate.
• English language test results or proof of qualification.
• Financial documents: Bank statements, wage slips, or other financial records for spouse or partner visas.

Step 3: Pass the Life in the UK Test

Book and take the Life in the UK Test well in advance of your application. The test costs £50 and can be taken at various centers across the UK. You will need to study British history, culture, and government for the exam, using official preparation materials. Keep your test pass certificate, as it must be included in your ILR application.

Step 4: Complete the Application Form

The ILR application form must be completed online via the UK Visas and Immigration (UKVI) website. The form you need to complete depends on your visa category:

• Form SET(O): For most work visas, including the Skilled Worker Visa and Tier 1 Investor Visa.
• Form SET(M): For applicants on a Spouse or Partner Visa.
• Form SET(LR): For those applying under the long residence rule (10 years).

When filling out the form, ensure you provide accurate and up-to-date information. Mistakes or omissions could delay your application or result in rejection.

Step 5: Pay the Application Fee

The application fee for ILR is currently £2,404 per applicant (as of 2024). There may also be additional costs for biometric appointments and priority processing services if you choose to expedite your application.

Step 6: Submit Biometrics and Supporting Documents

Once your application is submitted, you will need to attend a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) center. Here, your fingerprints and photograph will be taken for your biometric residence permit.

At this appointment, you will also need to submit your supporting documents. Some documents can be uploaded online in advance, while others may need to be brought to the appointment.

Step 7: Wait for a Decision

After submitting your application and attending the biometric appointment, you will need to wait for a decision. Standard processing times for ILR applications can take up to 6 months, though you can opt for priority (5-day decision) or super priority (24-hour decision) services at an additional cost.

You will be notified of the decision by email or post. If approved, you will receive your Biometric Residence Permit (BRP), which confirms your ILR status.

Tips for a Successful ILR Application

1. Apply Early: You can apply for ILR up to 28 days before you complete your qualifying residence period. Do not apply too early, or your application may be rejected.
2. Avoid Excessive Absences: Ensure that your absences from the UK do not exceed 180 days in any 12-month period, as this could lead to your ILR application being denied.
3. Keep All Relevant Documents: Gather and organize all required documents well in advance of your application to avoid last-minute issues. Missing or incomplete documentation can delay or jeopardize your application.
4. Take the Life in the UK Test Early: Pass the Life in the UK Test before starting your application to avoid delays. The test can be challenging, so allow time for preparation.
5. Double-Check Financial Requirements: If applying under a Spouse or Partner Visa, ensure that you meet the financial threshold and have the necessary documentation to prove it.

Conclusion

Applying for Indefinite Leave to Remain (ILR) in the UK is an important step toward permanent residency and, ultimately, British citizenship. By carefully following the eligibility criteria, gathering the necessary documentation, and submitting a complete and accurate application, you can increase your chances of a successful outcome.

With ILR, you gain the freedom to live and work in the UK indefinitely, opening up numerous opportunities for a prosperous future.