INDEFINITE LEAVE
TO REMAIN

Indefinite Leave to Remain (ILR) is a type of permanent residence status that allows you to live and work in the UK without any time restrictions. It is also known as settlement.

To be eligible for ILR, you must have lived in the UK for a certain length of time and meet specific requirements. The requirements vary depending on the type of visa you currently hold, and your individual circumstances.

WHAT IS INDEFINITE LEAVE TO REMAIN?

Indefinite leave to remain (also known as settlement) is the end of the immigration journey for many people. It is the same as what many other countries refer to as 'permanent residence'. You will no longer be subject to time restrictions for how long you can live, study or work in the UK. You will also be able to vote (excluding general elections), access the NHS, and possibly receive public funds depending on your circumstances. You can leave and return to the UK without issue - except where you have a continuous absence of 2 years, in which case you may lose your indefinite leave. You will usually be able to apply for British citizenship by naturalisation after holding indefinite leave to remain for 1 year. If you have children born after you obtain indefinite leave to remain, they will likely become British citizens automatically or be able to register as a British citizen.

WHICH VISA ROUTES COUNT TOWARDS SETTLEMENT?

Visitor (all types)
Student (including old Tier 4 visas)
Graduate (including old PSW visa)
Global Business Mobility route
Parent of Child Student
Representative of Overseas Business
Season Worker
Youth Mobility Scheme
Domestic Worker in a Private Household

Skilled Worker (including dependants)
Family (spouse, parent, dependants)
Innovator Founder (including dependants)
Global Talent (including dependants)
EU Settlement Scheme
UK Ancestry
Bereaved Partner

HOW TO GET INDEFINITE LEAVE TO REMAIN

Indefinite leave to remain may be available to people who have completed the minimum period on an eligible immigration route, including those who may have initially been on a visa which did not lead to settlement.

Example 1 - Visitor Visas
- No period of time spent in the UK as a visitor will lead to settlement. This means that no matter how many visitor visas a person has had, or how many times they have entered the UK, they will not qualify for indefinite leave to remain. The exception to this is for applicants relying on the 20-year long residence route.

Example 2 - Student Visas
- Any length of time spent in the UK as a student will not itself lead to indefinite leave to remain. However, if a student switches an eligible route, such as the Skilled Worker visa, they would qualify after the necessary time completed on that visa (in this case, it would be 5 years).

5 Year Settlement

Adult Dependent Relative
Ancestry Visa
Spouse or Parent Visa
Child Dependent Visa
Skilled Worker Visa
Health and Care Worker Visa
Turkish Worker Visa
Global Talent Visa
If you hold Pre-Settled Status under the EU Settlement Scheme, you may be eligible to switched to Settled Status after 5 years.

10 Year Settlement

The 10 year route to settlement, known as 'Long Residence', may be available to you if you have been in the UK legally for 10 continuous years. The time spent in the UK does not have to be in the same immigration route, meaning you can rely on a combination of different visas. You must not have any gaps between each grant of permission, and you must not have absences from the UK over 184 days at a time or 548 days in total. You cannot rely on any time spent in the UK as a visitor, seasonal worker, or short-term student.

20 Year Settlement

The 20 year route to settlement (also known as 'Long Residence') may be applicable if you have lived in the UK continuously, not necessarily lawfully, for a 20 year period. You are allowed up to 550 days outside the UK in total. Unlike the 3, 5 and 10 year routes to settlement, the 20 year long residence route does not immediately lead to indefinite leave to remain. Instead, you will be given an initial period of leave to remain for 30 months (2.5 years) which you must renew a further 3 times to make up 120 months (10 years) of lawful residence in the UK, only after which you can apply for settlement.

WHEN CAN I APPLY FOR BRITISH CITIZENSHIP?

In order to apply for naturalisation (commonly known as 'British citizenship'), you must first have either indefinite leave to remain, settled status under the EU Settlement Scheme, or indefinite leave to enter (permission to move to the UK permanently from abroad) for a minimum of 12 months - unless you are married to a British citizen.

You must also meet the other requirements for citizenship, including passing the Life in the UK test.

CAN INDEFINITE LEAVE TO REMAIN BE REVOKED?

Obtaining indefinite leave to remain in the UK is an important achievement, often taking several years. It comes with various benefits, but it is considered a privilege, not an automatic right. This means it is possible to lose that privilege under certain circumstances. The Home Office may revoke your indefinite leave to remain if any of the following applies:

1.

Indefinite leave to remain can be automatically revoked if you are absent from the UK for more than 2 consecutive years at a time, or 5 consecutive years if you hold settled status under the EU Settlement Scheme.

2.

Indefinite leave to remain can be revoked if you are deported or liable to be removed from the UK, but cannot be deported for legal reasons (such as on human rights grounds).

3.

Indefinite leave to remain can be revoked if you obtained entry or permission to stay in the UK by deception.

You could also lose your indefinite leave to remain if you're no longer considered a refugee because you have:

Willingly gone back to your home country and accepted its protection
Chosen to get back the citizenship of your home country that you previously lost
Become a citizen of another country (not the UK) and are using that country's protection

In simple terms, if you take actions that show you no longer need refugee protection - like reconnecting with your home country or getting protection from another country - the UK might take away your permanent residence status.

CAN INDEFINITE LEAVE TO REMAIN BE REGAINED?

It may be possible to regain indefinite leave to remain if you have previously lost it.

Regaining Indefinite Leave to Remain due to 2 Year Absence

If you have lost indefinite leave to remain due to having been absent from the UK for over 2 continuous years, you may be able to come back to the UK as a 'returning resident'. To qualify as a returning resident, you must provide evidence that you have strong ties to the UK, explain your current circumstances, and why you were absent. If you held indefinite leave to remain as a member of the British armed forces, the returning resident visa will not be applicable (you will not lose your indefinite leave to remain in the first place). Additionally, if the 2 or more year absence was caused by circumstances beyond your control, it may be possible to rely on compassionate grounds to retain your indefinite leave.

Regaining indefinite leave to remain lost by deportation, deception or loss of refugee status

If you have lost indefinite leave to remain due to deportation or deception, you may be able to challenge the Home Office's decision to revoke your leave by appealing to the relevant Tribunal or Court. If the Tribunal or Court allows your appeal, and its decision is final, you will be given a fresh grant of indefinite leave to remain. If you lost your indefinite leave due to loss of refugee status, you will normally first be provided with an opportunity to give reasons why it should not be lost.

TERM AND FEES

You should check the latest UKVI figures for the application fee for your particular route to settlement. Most applications for indefinite leave to remain are currently £3,029.

PROCESSING

The current processing time for applications for indefinite leave to remain is approximately 6 months. You may be able to pay for the priority or super priority service to receive a faster decision.

OUTCOME

If your application for indefinite leave to remain is successful, you will receive a new biometric residence permit confirming your settled status in the United Kingdom.

If your application for indefinite leave to remain is refused, you will receive a decision letter outlining the reasons and whether you have a right of appeal to challenge the decision. You may instead be able to request an administrative review if you believe an incorrect decision has been made based on a casework error.

HOW WE CAN HELP

Indefinite Leave to Remain applications can be very complex, particularly where there is uncertainty over your eligibility or if there are factors which make the processing of your application more complex. Mistakes can be expensive and may significantly impact future immigration applications to the Home Office, which means it is very important to have experts by your side who can make the process easier and give much needed confidence to make a strong application.

At Lace Law LLP, we offer comprehensive support throughout your journey to indefinite leave to remain. From your initial consultation to the final decision, you will have a dedicated expert who will meticulously prepare your application, maintain regular communication, and promptly respond to any concerns along the way. We pride ourselves on this personal approach, which we feel not only provides a greater experience to you, but also increases the likelihood of a successful outcome.

Don't let the process be more stressful than it needs to be. Contact us today to have a dedicated partner by your side on your immigration journey.