If you obtain Indefinite Leave to Remain (ILR), you will have the right to live, work and study in the UK for as long as you wish, subject to some minor restrictions. In addition, you will be able to leave and re-enter the country without needing a visa, so long as you are not away for more than two years. You will be entitled to make a claim for benefits if you are eligible for them. Also referred to as settled status, ILR can also be a step on the path to British citizenship.
What visa routes lead to ILR?
A wide range of UK visas can give you the opportunity to apply for ILR, including work visas and family visas.
What work visas can lead to ILR?
To apply to settle in the UK on a work visa, you will usually need to have held this for five years, although it can be less for a Tier 1 visa, an innovator founder visa and a global talent visa. If you have switched from a different visa to a work visa, the five-year period may start from the time of the switch.
Work visas that can provide a route to permanent residence in the UK are:
- Tier 2, T2, international sportsperson and skilled worker visas
- Scale-up worker visa
- Global talent, Tier 1 entrepreneur and investor visas
- Innovator founder visas
- A visa as a representative of an overseas business
- A Turkish worker or Turkish businessperson visa
- An international agreement visa for an individual working in a diplomatic household or a domestic worker
What family visas can lead to ILR?
If you have a visa based on a family member’s settled status in the UK, you may be able to apply for ILR once you have spent the qualifying amount of time in the UK. The length of time you need to qualify will be noted on the letter approving your leave to remain, which will be two, five, or ten years.
Family visas that can make you eligible for ILR are:
- A family visa based on being the partner of a British citizen or someone with ILR
- Your partner’s work visa
- A family visa based on being the parent of a child who is a British citizen or who holds ILR or a dependent child of a British citizen or someone with ILR
What other options exist for ILR?
If you hold a UK ancestry visa and you have been living in the UK for five years, you can apply for ILR. You may also be able to apply if you have been living in the UK for ten years or more.
What do I need to apply for ILR?
If, for example, you have held a skilled worker visa for five years and you want to apply for ILR, you will need to show that:
- You have been living in the UK for the required period
- You meet the financial requirements
- Your employer will still need you for the job that you are doing
- You are of good character
- You have the requisite level of English
- You have passed the ‘Life in the UK’ test
- You have not spent any more than 180 days outside of the UK during any year of the qualifying period, which could be five years, depending on your route
How do I make an application for ILR?
If you want to apply for ILR, you will need to supply your biometric information at a UK Visa and Citizenship Application Services centre. This is done by providing your fingerprints and having your photo taken.
There is an online application form to complete, and you will have to supply paperwork showing that you meet all of the eligibility criteria. This will usually be a substantial number of documents and can include the following:
- Your valid passport or other travel document
- Proof of your address and your continuous residence in the UK
- Evidence of your savings and income
- Confirmation from your employer that they still need you for your position
- Evidence of any time spent away from the UK, including the dates you returned to the country
- Proof that you have passed the ‘Life in the UK’ test
- Proof that you have a sufficiently good standard of English
- Your police registration certificate, if you are registered with the police
- Evidence of your relationship if you are applying on the basis of a family visa
Documents that are not in English or Welsh must be accompanied by a certified translation. You will also need to pay the ILR application fee, which is £2,885.
A decision is generally provided within six months. After you apply, you should not leave the UK, Ireland, the Channel Islands or the Isle of Man until you receive your decision. If you do, your application will be withdrawn.
How 3CS can help
Our expert immigration solicitors provide advice, guidance or representation in respect of a wide range of immigration issues. For assistance, please get in touch with your usual 3CS contact.
