Indefinite Leave to Remain – Qualis Law LTD Expert Immigration Advisers in London , EEA Family Permit

Indefinite Leave to Remain (ILR) is a form of settlement available to overseas nationals.

Typically, you must have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK, or even two.

Many different types of immigration visas can lead to ILR including Spouse Visas, Innovator Visas and the Skilled Worker Visa.

Indefinite Leave to Remain enables a person to live in the UK without any restrictions, and is the first step towards naturalisation and full citizenship.

If you have been lawfully living in the UK under a form of settlement visa UK you will be able to apply for ILR once you have passed the minimum time threshold for that particular visa. An applicant will also need to fulfil other stipulated requirements.

Visas/routes which can lead to Indefinite Leave to Remain status include:

Spouse Visa
Unmarried Partner Visa
Family Visa
Global Talent Visa
Investor Visa (Tier 1)
Innovator Visa
Start-Up Visa
Skilled Worker Visa
Sportsperson Visa (T2)
Minister of Religion Visa (T2)
Senior or Specialist Worker Visa
UK Ancestry Visa
Retired Person Visa
Long residence
Returning resident

It is also possible for someone to become eligible for ILR through a less traditional route which doesn’t require holding a specific visa.

As part of the Indefinite Leave to Remain application, you must be able to prove that you meet the English language requirement of B1 in speaking and listening as specified by the Common European Framework of Reference for Languages.

Most applicants will need to hold a certificate from an approved test provider to include in their Indefinite Leave to Remain application or, alternatively, be able to show the results online.

However, some people will not need to fulfill this requirement. For example, citizens of Commonwealth countries or majority English-speaking countries will usually be exempt.

This includes, but is not limited to, citizens of the following countries:

Antigua and Barbuda
Australia
The Bahamas
Barbados
Canada
Grenada
Jamaica
New Zealand
Ireland
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA

Also, the following applicants will be exempt from the English language requirement:

Those aged 65 or over
Holders of a degree or higher qualification at an accredited educational establishment which was taught in English
Those under humanitarian protection
Victims of domestic abuse
A partner or spouse of a person who has died who was a British citizen or person with settled status

The specific requirements differ depending on the particular circumstances of the applicant, including the type of visa they hold.

The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.

The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:

Lawful living in the UK for a certain period of time.
No breach of immigration laws during your stay in the UK and no criminal record
A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
A pass in the Life in the UK test, which is a test based on British culture, history and traditions
Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages.

ILR exemptions

Certain individuals will not need to apply for Indefinite Leave to Remain to be granted with settled UK status, including:

Those eligible for British citizenship by descent (or other form of automatic citizenship)
Child dependents of a British citizen or person with settled status.
An adult dependent who is reliant on the long-term care of their family member who is a British citizen or person with settled status.
Refugees resettled in the UK through the Gateway Protection Program

The amount of time you must have spent in the UK before you are eligible to apply for Indefinite Leave to Remain depends on your particular circumstances. In most cases, an overseas national can apply for ILR after five years of lawful residence in the UK.

Some of the visas which require five years of UK residence include:

Spouse Visa
Unmarried Partner Visa
Family Visa
Long-term Work Visas
Skilled Worker Visa
UK Ancestry Visa

Under certain circumstances you could be eligible for ILR status with less than five years of residence in the UK, including those residing in the UK under:

Innovator Visa. Eligible after three years, depending on business achievements
Entrepreneur Visa. Eligible after three years, depending on business activities. ( Please note that this visa is no longer in operation)
Global Talent Visa. Eligible after three years if last endorsement was given under “exceptional talent” or “exceptional promise” criteria or under UK Research and Innovation fast track criteria
Investor Visa (Tier 1). Eligible after two or three years depending on business activities

Also, a Commonwealth citizen who has served in the British Armed Forces can apply for ILR after a qualifying period of four years in the UK.

In some cases, the minimum time requirement will be longer than five years. If someone has been living in the UK under a form of Long Residence, they will need to have spent 10 years in the UK before applying for ILR if they are over 18, and 7 years if they are under 18.

Indefinite Leave to Remain (ILR)

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What is Indefinite Leave to Remain (ILR)?

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ILR exemptions

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