Indefinite Leave to Remain

ILR

Your permanent right to live freely in the UK, otherwise known as Settlement. The right to remain indefinitely in the UK with no time restrictions or visa conditions. Whether you have obtained Permanent Residence or ILR through other qualifying routes, you can live in the UK without any employment restrictions and you can also be entitled to certain benefits. The right and freedom to work, study, housing and travel is a very crucial requirement if you want to make UK your permanent abode.

Five years

In most cases, you need to have been living in the UK for five years before you can apply for Indefinite Leave to Remain. Our highly experienced staff at SPI Law, can guide you to apply for Indefinite Leave to Remain, provided you meet the criteria, which we will assess and advise you with closely.

Can I apply for ILR?

This depends entirely on your situation. Listed below are the different routes through which you can apply for Indefinite Leave to Remain*:

  • Refugee or Humanitarian Protection
  • Partner of a British Citizen
  • Parent of a child who is a British Citizen
  • An EU Citizen
  • if you have completed a certain amount of time on your work visa
  • as a UK Ancestry
  • with Discretionary leave after having completed a certain amount of time in the UK
  • 10-year private life
  • 10 years of legal residence in the UK, known as 'Long Residence'

Please see below for further information in some of the listed categories.

*This list is not exhaustive. You may be eligible under other categories. Contact Us to find out more.


You're the family member or partner of someone who has settled in the UK (spouse visa)

If the following applies to you, then you may be eligible for settlement (indefinite leave to remain) :

  • Your partner is a British citizen
  • They are settled in the UK

Your current UK visa must be based on being their partner as either a husband or wife or civil partner. You must provide evidence that you have been living together since the renewal of your last visa and that you intend to live together even after you apply for ILR.

Eligibility

If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.

If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.

If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved or Contact Us and we can help you understand your matter better.

You're an EU citizen

EU citizens do not currently need to apply to settle in the UK. There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

If you have completed five years as a qualified person, you and your family can apply to the EU Settlement Scheme for 'Settled Status' to continue living in the UK.

Work visas

Tier 1

You can no longer apply for Settlement under Tier 1 (General) category as the applications closed on 6 April 2018.

However, you may be eligible to apply for settlement if you have a Tier 1 (Exceptional Talent), Tier 1 (Investor) or Tier 1 (Entrepreneur).

Highly Skilled Migrant Programme

You can no longer apply under this scheme for settlement.

Tier 2 (General), Tier 2 (Minister of Religion), Tier 2 (Intra-Company Transfer) and Tier 2 (Sportsperson)

You can apply if you have a Tier 2 work visa and have been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’). Your employer (sponsor) will need to evidence that they still need you for your job and that you get paid the relevant salary or more in the Codes of Practice from this job (unless you’re exempt from the ‘minimum earnings threshold’)

Tier 5 (International Agreement)

You may be eligible for settlement if you have served as a private servant in a diplomatic house with this visa and that you had applied for this visa before 6 April 2012 and have been living in the UK for at least 5 years.

Domestic Worker

You may be eligible for settlement if you have been working as a domestic worker with this visa and that you had applied for this visa before 6 April 2012 and have been living in the UK for at least 5 years.

Innovator, Investor, Sole Representatives of Overseas Business and similar visas

You may be eligible if you have lived in the UK for a continuous period of 5 years and provide evidence that either you have invested a certain amount of money along with a personal net worth or that your employer needs you and that the UK registered branch is actively trading.

Knowledge of English language and Life in the UK

If you qualify for you ILR and are aged 18 to 64, you will also have to:

When your application can be refused

In the worst case scenario, your application can be refused due to the following:

  • if you have a criminal record in the UK or in another country
  • you provided false or incomplete information to the Home Office
  • breached UK immigration laws

How can we help with your ILR application?

We will assist you throughout the ILR application process and ensure that your application form is to a high standard.

Contact Us and find out if you are eligible to settle in the UK and we can help you with your ILR application, to ensure you meet the Home Office Requirements.