Overview of the UK Indefinite Leave to Remain
Indefinite Leave to Remain (ILR), also known as settlement, allows a person to remain in the UK without being subject to a time limit on their immigration permission. It can provide greater stability and may be an important step towards British citizenship for those who later meet the relevant nationality requirements.
ILR is not automatically granted simply because someone has lived in the UK for a particular period. Eligibility depends on the immigration route the applicant has followed, their continuous residence, the conditions of their permission and other requirements that may apply.
Who Can Apply for ILR?
There are several routes to settlement in the UK.
Depending on their circumstances, a person may qualify through routes including:
- Work and business immigration routes
- Family and private life routes
- Long Residence
- Protection and humanitarian routes
- UK Ancestry
- British National (Overseas) routes
- Certain other qualifying immigration categories
The qualifying period is not the same for every route. Some routes can lead to settlement after five years, while other routes have different requirements. Long Residence, for example, is generally based on 10 years of continuous lawful residence.
Continuous Residence
Continuous residence is an important part of many ILR applications.
Applicants may need to demonstrate that they have spent the required qualifying period in the UK and have not exceeded the permitted limits on absences.
The rules concerning absences can vary according to the route. Applicants should therefore review their travel history carefully rather than assuming that all time spent outside the UK will be treated in the same way.
A detailed travel history can be particularly important where an applicant has made frequent or lengthy trips outside the UK.
English Language and Life in the UK Test
Many settlement applicants aged between 18 and 65 are required to demonstrate knowledge of English and pass the Life in the UK Test, although exemptions and route-specific provisions can apply.
Applicants should establish whether these requirements apply to them before submitting an application.
Passing the Life in the UK Test in advance can help avoid unnecessary delays when the settlement application is prepared.
Immigration History
An applicant’s immigration history can be relevant when assessing eligibility for ILR.
Issues that may need consideration include:
- Previous visas
- Changes of immigration route
- Periods of overstaying
- Gaps in lawful residence
- Time spent outside the UK
- Previous refusals
- Criminal convictions
- Breaches of immigration conditions
Recent changes to the Immigration Rules also affect how certain overstaying and immigration-bail circumstances are considered. The rules should therefore be checked against the applicant’s individual circumstances.
ILR After a Work Visa
Some work routes can provide a pathway to settlement.
For example, eligible Skilled Workers may be able to apply for ILR after completing the required qualifying period, provided they continue to meet the relevant settlement requirements.
Other work and business routes have their own settlement provisions.
The applicant should confirm which periods of previous immigration permission can count towards the required qualifying period and whether their current route leads to settlement.
ILR Through Family Life
People living in the UK under qualifying family routes may also be able to apply for settlement.
The requirements depend on the particular route and whether the applicant is following a five-year or ten-year settlement pathway.
Relationship breakdown, domestic abuse, the death of a partner or changes in family circumstances can also affect settlement options.
Supporting Documents
The evidence required depends on the route.
Documents may include:
- Current and previous passports
- Immigration documents
- Evidence of residence
- Travel history
- Employment documents
- Payslips and bank statements
- Accommodation evidence
- Relationship evidence
- English language evidence
- Life in the UK Test result
- Evidence relating to absences
Applicants should ensure that information in the application is accurate and consistent with their supporting documents.
Applying for ILR
ILR applications are generally made online using the appropriate Home Office application process.
Applicants normally need to provide biometric information and supporting evidence as part of the process.
Applicants should also be careful about international travel after submitting an in-country settlement application. Travelling outside the UK, Ireland, the Channel Islands or the Isle of Man while the application is pending may result in the application being treated as withdrawn.
If an ILR Application Is Refused
A refusal can have serious consequences, particularly where the applicant’s existing visa is approaching expiry.
The refusal letter should be reviewed carefully to establish why the application was unsuccessful and whether there are any available options.
Depending on the circumstances, it may be possible to challenge a decision or make another application.
How We Can Help
SWM Solicitors can advise on eligibility for Indefinite Leave to Remain and help applicants understand which settlement route may apply to them.
We can assist with reviewing immigration history, calculating qualifying residence, assessing absences, preparing supporting evidence and completing the settlement application.
Where there are complications such as previous refusals, overstaying, criminal convictions or concerns about continuous residence, we can also advise on the potential immigration implications.
Obtaining ILR is an important stage in a person’s UK immigration journey. Careful preparation can help ensure that the application addresses the requirements of the relevant settlement route.