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Indefinite Leave to Remain (ILR)

Do you need to apply for a Indefinite Leave to Remain (ILR)?

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Applying for Indefinite Leave To Remain in the UK

What is Indefinite Leave to Remain?

Indefinite Leave to Remain gives you permission to live and work in the UK permanently. An Indefinite Leave to Remain visa - also known as ILR or Settlement - is the last step for any non-UK national or citizen to fulfill if they want to become eligible to apply for British citizenship or stay permanently in the UK without immigration restrictions.

When applying for Indefinite Leave to Remain on your current leave or visa, there might be the option of obtaining ILR or Indefinite Leave to Remain status on the fast track or priority service To check whether you’re eligible for the same day, premium process, and the next available date you can submit an Indefinite Leave to Remain application, contact us today.

How long is Indefinite Leave to Remain valid for?

There isn’t a limit on how long Indefinite Leave to Remain is valid for. However, Indefinite Leave to Remain can lapse if you break the conditions. For example, if you spend periods of more than two years outside of the UK, this can lead to the loss/lapse of Indefinite Leave to Remain or ILR status. ILR can also become invalidated for other reasons, such as if you commit a criminal offence.


Indefinite Leave To Remain or ILR Requirements

In order to apply for an ILR visa, the main requirement is to have spent five or 10 years (if applying under the long residency route) lawfully in the UK. You can only apply for Indefinite Leave to Remain 28 days before your visa expires, although in some cases you may be eligible earlier. You can find this out by checking with one of our UK immigration team.

You will also be required to take a Life in the UK test and B1 English test if you are between 18 and 64 years old. However, if you hold a degree taught in English, you may not be required to take the B1 test.

During the previous five years or ten years, the applicant should not have spent 180 days or more outside the UK. The days out requirements have different clauses, so please check with our advisers if you have been out of the UK for more than 180 days. Depending on the circumstances, you may still be eligible to apply for indefinite leave to remain on compassionate and compelling grounds.

Documents Required for Indefinite Leave to Remain

When you apply for indefinite leave to remain, you need to show that you satisfy the necessary requirements by providing supporting documents. These documents should be originals, and corroborate the information your provided in your application.

You’ll need to provide:

  • Documents proving your identity, such as a current passport, Biometric Residence Permit, and two passport photos
  • Documents proving your income, finances and employment, such as bank statements, payslips, P60s and your employment contract
  • Proof that you have lived continuously in the UK for five years; tenancy agreements, council tax bills, utility bills, etc.
  • Proof that you have passed the Life in the UK test
  • Certification of English language proficiency, such as the English Language Test certificate or a degree certificate from a UK university.

Indefinite Leave To Remain or ILR Visa Categories

Indefinite Leave to Remain visa or ILR Visa on the basis of Long Term Residency in the UK

The application for a long term residency visa can be filed by applicants who have spent an extended period of time in the UK, i.e. 10 to 20 years. If an applicant has been living in the UK for 10 years lawfully (legally) or 20 years unlawfully (illegally), they become eligible for Indefinite Leave to Remain in the UK.

The days out requirement under this category is 18 months. If you have been out of the UK for more than 18 months and are applying for ILR under the long residency route, please speak to our advisers for further information.

ILR or Indefinite Leave To Remain Visa on the basis of being a spouse, unmarried partner or marriage visa holder

The spouse, civil partner or unmarried partner of a British citizen - or partners of a present and settled person - will be able to apply for an Indefinite Leave to Remain visa after living as a married couple or as part of a civil partnership; in order words, if you have a spouse visa, fiance visa or defacto visa. The relevant period of time is 2 years if you were given such a visa before 9th July 2012, or 5 years if given the visa after this date. You will also need to provide proof of cohabitation and meet the financial requirement rules if your initial leave to enter was granted after 9th July 2012.

For applicant on 10 year parent or partner route they must apply for Indefinite Leave to remain once they have completed 10 years in the UK. The dependents of a point based system migrant can apply for Indefinite Leave to Remain once they have completed 5 years in the UK and the main applicant has been granted Indefinite Leave to Remain in the UK after 5 or 10 years long residence.

Indefinite Leave To Remain on the basis of domestic violence

You may be able to apply for indefinite leave to remain visa on the basis of domestic violence, although you would need to provide the necessary evidence. If granted, you would not need to pass the Life in the UK test or the Level B1 test. Note, too, that you cannot apply on a same day basis for this ILR visa category.

Skilled worker or Tier 2 Indefinite Leave to Remain

In order to apply for an Indefinite Leave To Remain visa in this category, the applicant will need to have a salary which exceeds £20,960 or £26,200 or the going rate of Skilled Occupations Code.  

If you have been granted a visa under this category main requirements are to provide the latest pay slips, letter from your employer and also meet the current requirements under the Standard Occupation Classification (SOC) codes. You can apply for this visa under the same day service.

Tier 1 Entrepreneur or Investor indefinite leave to remain

To apply for indefinite leave to remain as an investor or entrepreneur visa holder, you have different time periods depending upon how much money you have available. The restriction of days out does apply to this category. Under these categories, you should have invested £50,000, £200,000, one or two million GBP. The Entrepreneur route will end 6 April 2025 for Indefinite Leave to Remain unless you helf Tier 1 (Graduate Entrepreneur), which will end for ILR applications on 5 April 2027. For Investor Routes the must apply for ILR on or before 05 April 2025.

Discretionary indefinite leave to remain

In order to apply under this category, you should have been granted discretionary leave to remain in the UK initially and should have spent 6 or 10 years lawfully in the UK. The grounds under which discretion was exercised by the Home Office should still persist and you will need to meet the mandatory requirements indicated above. You cannot apply for this category using the same day PEO service. The 10-year discretionary leave is granted to people who have made an application before 9th July 2012.

HM Forces Indefinite Leave To Remain visa

If you have been discharged or medically discharged from the HM Forces and have served for at least 4 years, you will be eligible to apply for Indefinite Leave to Remain. You don’t need to meet any mandatory requirements for this category.

If you have been medically discharged you may still be able to apply for ILR even if you have not completed 4 years period in the army. You will need to complete the life in the UK test. Family members of HM forces can also apply for Indefinite Leave To Remain (ILR) after completing 5 years in the UK.

EU Settled Status

If you wish to apply for indefinite leave to remain under the Appendix EU, then the EEA National present in the UK for the last 5 years and must have registered for pre-settled status after being present in the UK on or before 31 December 2020 at 2300 hrs.

EU Settled Status Scheme and you can apply for Indefinite Leave to Remain as an EEA National familt member after completing 5 years in the UK or on the basis of Retained Right of Residence. 

Domestic Worker Indefinite Leave To Remain

If you have been granted entry clearance as a domestic worker before 6th April 2012, then you will be able to apply for indefinite leave to remain in the UK. You will need to meet the mandatory requirements and additional requirements, which involves proving that your employer still requires you as a domestic worker.

Indefinite Leave to Enter

Generally, Indefinite Leave to Enter is granted to children under the age of 18 years or Adult Dependent Relative.


Other Routes to Indefinite Leave To Remain or ILR

Generally, for all other categories of Indefinite Leave To Remain, the applicant needs to meet the extension requirements and pass the life in the UK test. In addition, they will need to show that they have not been absent from the UK for more than 180 days during any of the last 5 years.

Do you need to apply for a Indefinite Leave to Remain (ILR)?

Speak to our experts to find out about our fast, friendly and affordable service



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Visa and Migration is a private OISC regulated company (F201500999) and is not an official Government body. If you would like to prepare and submit your UK immigration application yourself you can do so by visiting the UKVI website.