Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
There are different ways to apply for indefinite leave to remain based on your circumstances.
If you or your family member are an EU, EEA or Swiss citizen, you may be able to apply for settled status under the EU Settlement Scheme instead.
Who is eligible to apply?
Only applicants who have been in the UK for a specified period of time and are in a visa category that allows for settlement are eligible to apply for ILR. For example, holders of Tier 1 (Investor) and Tier 1 (Entrepreneur) visas, as well as holders of Tier 2 (General) visas, would generally be eligible to apply, but holders of student and guest visas would not.
Additionally, most holders of Tier 1 (Investor) and Tier 1 (Entrepreneur) visas are eligible for “accelerated settlement.”
What are the specifications?
The most often encountered prerequisites for ILR application in work-related categories that result in settlement are as follows:
- Calculation of your absences from and length of stay in the United Kingdom; and
- Successful completion of the Knowledge of Language and Life in the United Kingdom (KoLL) examination.
Continuity of residence relates to the period of time you spent in the UK prior to submitting your ILR application in your relevant visa category. This means that you must spend a continuous period of five years in the UK in a visa category that allows for settlement (as defined above) before you may apply for ILR.
Calculating the ‘absences’ is a critical step in the application process. Given the significance of this issue, the Home Office has published a 33-page handbook on calculating a person’s continuous duration of leave in the United Kingdom. To learn more, please go here.
However, in order to apply for ILR, you cannot be absent from the UK for more than 180 consecutive days during any of the five consecutive 12-month periods immediately preceding the application submission date.
For Tier 2 (skilled employees) applicants, it’s also worth mentioning that a minimum earnings threshold of £35,000 will be implemented in April 2016. Exemptions from this rule are planned only for workers in certain PhD-level roles and those in shortage occupations. Therefore, Tier 2 (General) migrants earning less than £35,000 per year who are eligible to apply for settlement prior to the rule change should do so.
‘There Is No Time Limit’
While ILR does not have a term limit in the United Kingdom, it is critical to recognize that this immigration status can be lost. The most frequently encountered reason for an overseas national to lose their ILR is when they spend more than two years outside the UK. Permanent residency may also be withdrawn if the holder commits an offense that may result in deportation or for national security grounds.
Processing Time Required
ILR applications sent via mail may take up to six months to process and complete, during which time you must surrender your passport. Personal appointments (which must be scheduled in advance) are available for same-day decisions.
