Indefinite leave to remain
Indefinite Leave to Remain (ILR) is a type of permanent residence status that allows you to live and work in the UK without any time restrictions. It is also known as settlement.
To be eligible for ILR, you must have lived in the UK for a certain length of time and meet specific requirements. The requirements vary depending on the type of visa you currently hold, and your individual circumstances.
What is indefinite leave to remain?
Indefinite leave to remain (also known as settlement) is the end of the immigration journey for many people. It is the same as what many other countries refer to as 'permanent residence'. You will no longer be subject to time restrictions for how long you can live, study or work in the UK. You will also be able to vote, access the NHS, and possibly receive public funds depending on your circumstances. You can leave and return to the UK without issue. You will usually be able to apply for British citizenship by naturalisation after holding indefinite leave to remain for 1 year. If you have children born after you obtain indefinite leave to remain, they will likely become British citizens automatically or be able to register as a British citizen.
How to get indefinite leave to remain
Indefinite leave to remain may be available to people who have completed the minimum period on an eligible immigration route, including those who may have initially been on a visa which did not lead to settlement.
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Example 1: Visitors
No period of time spent in the UK as a visitor will lead to settlement. This means that no matter how many visitor visas a person has held, or how many times that person entered the UK, they will not qualify for settlement. However, a period of stay as a visitor (which cannot usually be for longer than 180 days at a time) will count in an application for indefinite leave to remain made on the basis of 20 years' long residence.
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Example 2: Students
The period of time a person has spent in the UK on a student visa does not lead to settlement by itself. However, if that person switched to the skilled worker route, they would qualify for indefinite leave to remain after 5 years on the skilled worker visa.
What is the fastest route to indefinite leave to remain?
You will normally be able to apply to settle in the UK after 5 or 10 years. However, you may be eligible to apply for indefinite leave to remain after 3 years if you are on the Global Talent or Innovator Founder route.
5 year settlement
Examples of the immigration routes which can lead to indefinite leave to remain after 5 years include:
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Adult Dependent Relative
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Ancestry visa
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Spouse or Parent visa
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Child Dependent visa
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Skilled Worker visa
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Turkish Worker visa
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Global Talent visa
If you hold pre-settled status under the EU Settlement Scheme for 5 years, you will be eligible to switch to settled status.
10 year settlement
The 10 year route to settlement (also known as 'long residence') may be applicable to you if you have been in the UK legally for 10 continuous years. This does not have to be in the same immigration route; you can rely on a combination of different categories, so long as you do not have any gaps in the 10 year period before you apply. You can be absent from the UK for only 184 days at a time or 548 days in total during the 10 year period, and you cannot rely on time spent in the UK as a visitor, seasonal worker, or as a short-term student.
20 year settlement
The 20 year route to settlement (also known as 'long residence') may be applicable if you have lived in the UK continuously, not necessarily lawfully, for a 20 year period. The other difference between the 20 and 10 year long residence routes to settlement is that you are allowed up to 550 days outside the UK in total. It is important to note that, unlike the 3, 5 and 10 year routes to settlement, the 20 year long residence route does not immediately lead to indefinite leave to remain. Instead, you will be given an initial period of leave to remain for 30 months (2.5 years) which you must renew a further 3 times to make up 120 months (10 years) of lawful residence in the UK, only after which you can apply for settlement.
Can I apply for British citizenship with indefinite leave to remain?
In order to apply for naturalisation (commonly known as 'British citizenship'), you must first have either indefinite leave to remain, settled status under the EU Settlement Scheme, or indefinite leave to enter (permission to move to the UK permanently from abroad) for a period of 12 months - unless you are married to a British citizen. You must also meet the other requirements for citizenship, including passing the Life in the UK test.
Can indefinite leave to remain be revoked?
Obtaining indefinite leave to remain in the UK is an important achievement, often taking several years, and which comes with several benefits. It is considered a privilege and not an automatic right, which means it is possible to lose that privilege under certain circumstances. The Home Office may revoke your indefinite leave to remain if any of the following applies:
Absence
Indefinite leave to remain may be revoked automatically if you are absent from the UK more than 2 consecutive years at a time. This absence period is extended to 5 years for those who hold settled status under the EU Settlement Scheme.
Deportation
Indefinite leave to remain can be revoked if you are liable to be removed from the UK, but cannot be deported for legal reasons (such as human rights), or you are actually deported from the country.
Deception
Indefinite leave to remain can be revoked if you obtained entry or permission to stay in the UK by deception.
Loss of Refugee Status
Indefinite leave to remain can be revoked if you are no longer a refugee due to having:
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voluntarily availed yourself of the protection of your country of nationality
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voluntarily re-acquired a lost nationality
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acquired the nationality of a country other than the UK and have availed yourself of its protection
Can indefinite leave to remain be regained?
It may be possible to regain indefinite leave to remain if you have previously lost it for one of the reasons listed above.
Regaining indefinite leave to remain lost due to 2 year absence
If you have lost indefinite leave to remain due to having been absent from the UK for over 2 continuous years, you may be able to come back to the UK as a 'returning resident'. To qualify as a returning resident, you must provide evidence that you have strong ties to the UK, explain your current circumstances, and why you were absent. If you held indefinite leave to remain as a member of the British armed forces, the returning resident visa will not be applicable (you will not lose your indefinite leave to remain in the first place). Additionally, if the 2 or more year absence was caused by circumstances beyond your control, it may be possible to rely on compassionate grounds to retain your indefinite leave.
Regaining indefinite leave to remain lost by deportation, deception or loss of refugee status
If you have lost indefinite leave to remain due to deportation or deception, you may be able to challenge the Home Office's decision to revoke your leave by appealing to the relevant Tribunal or Court. If the Tribunal or Court allows your appeal, and its decision is final. you will be given a fresh grant of indefinite leave to remain. If you lost your indefinite leave due to loss of refugee status, you will normally first be provided with an opportunity to give reasons why it should not be lost.
You should check the latest UKVI figures for the application fee for your particular route to settlement. Most applications for indefinite leave to remain are currently £2,885.
Term & Fees
If your passport is endorsed with indefinite leave to enter or remain in the UK, you can apply to switch and update your proof of settlement to a Biometric Residence Permit
Processing
The current processing time for applications for indefinite leave to remain is approximately 6 months. You may be able to pay for the priority or super priority service to receive a faster decision.
Outcome
If your application for indefinite leave to remain is successful, you will receive a new biometric residence permit confirming your settled status in the United Kingdom.
If your application for indefinite leave to remain is refused, you will receive a decision letter outlining the reasons and whether you have a right of appeal to challenge the decision. You may instead be able to request an administrative review if you believe an incorrect decision has been made based on a casework error.
