Thursday, January 20th, 2022

How to get Indefinite leave to remain in the UK

What is Indefinite Leave to Remain (ILR)?

Indefinite leave to remain is formal permission from the Government of the UK to live and work in the United Kingdom. When you have Indefinite Leave to Remain it allows you to stay in the country indefinitely, with no conditions or restrictions on your stay. You can also apply for British citizenship once you have been a permanent resident for at least one year.

How to apply for ILR in UK?

I am sure this question must be in minds of most people when they are planning to move to UK. ILR (Indefinite Leave to Remain) is the term used in UK for a person who has been granted authorization to live and work in the United Kingdom without any time limit. Anyone who holds an ILR can remain indefinitely in the UK and does not need permission to enter, although there are certain requirements relating to returning or taking up permanent residence outside of the UK that apply once you have lived in the country for more than 2 years. If you would like to know about your eligibility for obtaining/applying for ILR then please click here. Also read: How long after I submit my ILR application form I will receive my passport back.

Are you eligible to apply for ILR?

The eligibility criteria were introduced on January 28, 2002, and the requirements were tightened during 2006-07 with an aim to reduce the number of people coming to settle in the UK and also prevent illegal working and settlement in the country. For all those who had already begun their applications for ILR before these changes came into effect, there is no change in their current immigration category or application process.

You can find more information about your eligibility here. In order to qualify for ILR you need to have had a valid leave of at least 5 years, which means that from April 2008 if you have been present in the UK as a Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Investor) Migrant or a Tier 2 Migrant, you will be able to apply for ILR after fulfilling the residence requirement. The 5-year period can be calculated in different ways and I have explained it in detail below:

Requirements for Indefinite Leave to Remain

  1. Continuous residence in the UK – You must have been continuously resident in the UK for at least 5 years. This means you cannot have been absent from the UK for more than 6 months in total during the 5-year period. However, there are some exceptions to this rule which are as follows:
  2. If you are a Crown Servant serving overseas or the spouse or civil partner of a Crown Servant serving overseas, you can be absent for up to 2 years without this affecting your continuous residence.
  3. you worked abroad in the government service of an EEA country or Switzerland, or the sovereign military authorities of that country, you can be absent for up to 6 months without it affecting your continuous residence.
  4. They were working abroad as a Crown Servant (e.g., diplomat) and the posting was for a period of over 2 years, then any absence from the UK during that assignment will not break your continuity of residence provided certain conditions are met. You can read more here.
  5. If you can prove that exceptional circumstances led to you being absent from the UK for more than 6 months but less than 12 months in total, then there is no requirement to show that anyone’s absence was for less than 6 months.
  6. If you retired, then any absence from the UK before or after your retirement will not break your continuity of residence provided certain conditions are met.

Can I apply for Indefinite Leave to Remain after five years?

The answer to this question is yes, you can apply for Indefinite Leave to Remain (ILR) with the help of immigration solicitors Manchester after five years in the UK. This is provided that you meet all of the eligibility requirements.

To be eligible to apply for ILR, you must have been living in the UK lawfully for five years. You must also have met all of the other eligibility requirements, such as having passed a Life in the UK test and having no criminal convictions.

If you are successful in your application for ILR, you will be granted permanent residency in the UK. This means that you will be able to stay in the UK indefinitely, without having to renew your visa or pass any further tests.

Which documents do I need to include in my Indefinite Leave to Remain application?

In your application, you should provide documents that prove the following:

  • Your identity (for example a passport) and immigration status in the UK (for example a Biometric Residence Permit).
  • That you meet all of the requirements for ILR. If any evidence provided does not cover every requirement listed below. We will ask you to send it to us before we make a decision on your application. Please refer to our Guide for further information about what to submit if any document does not cover every requirement.
  • The Relationship Requirement. This is satisfy by providing documents that show that. One or more of your family members is settle in the UK. You must provide conclusive evidence that this person has been grant indefinite leave to remain. They also have indefinite leave to remain in the UK. Your family members can be your spouse, civil partner, or partner of any sex or gender identity. Dependent child under 18 years old. You must also include documents that show that one of your parents is settle in the UK. If you are applying for ILR as a dependent of someone who has applied for settlement. If you are between 18 and 21 years old, both. Your parents must already have indefinite leave to remain in the UK before you apply not only one parent.
  • The Continuous Residence Requirement. This satisfies that by providing documents that show evidence of at least half of the period. During which you held valid leave outside the UK since you first arrived in the UK on a temporary visa.

How long does it take to process an Indefinite Leave to Remain application?

The Home Office’s online application system states that applications for (ILR) will take up to six months to process. However, in reality, the processing time can often be much longer than this.

Some applicants have reported waiting over a year for their ILR application to be process. This is particularly common for those who are applying from outside of the UK.

If your ILR application is taking longer than expected. You can contact the Home Office to check the status of your application. However, it is important to note that the Home Office will not be able to provide you with any specific information about your application until it has been finalized.

Indefinite Leave to Remain fee

The Government’s fee for Indefinite Leave to Remain (ILR). The right for non-European migrants to settle in Britain with full access to public services. Including NHS healthcare – is being slash by over 80 percent this week.

From Monday 2 September 2013, ILR fees are £2,297 instead of the previous £10,000. The Home Office claims that reducing the fee. It “will make it easier and more affordable for skilled professionals, and entrepreneurs from outside Europe. Economic Area to live in the UK.”

Applicants must have held a valid visa continuously for at least five years before applying or living. Lawfully in the UK for at least 10 years as permanent residents.

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