How To Apply For Indefinite Leave to Remain (ILR) In 2021
Indefinite Leave to Remain (ILR) grants you the right to reside
and work permanently in the United Kingdom without regard to immigration
limitations.
On this page, we will explain all you need to know about obtaining
Indefinite Leave to Remain in the UK if you want to become an established person.
If you intend to stay in the UK indefinitely, you should apply for
Indefinite Leave to Remain (ILR).
ILR will allow you and your
family members to stay in the UK permanently without having to apply for
another visa to live, work, or study.
You will also have access to public monies and the National Health
Service (NHS). ILR is the same as permanent residency (PR), which means you are
no longer subject to the terms of your visa.
How to Apply?
In the UK, you can apply for ILR after a certain qualifying period.
The time frame for filing your ILR application is determined by the immigration
method you choose.
In most situations, you
must have maintained a valid visa for at least five years before applying for
ILR.
This includes those with a
Skilled Worker, UK Ancestry, Global Talent, Exceptional Talent, Overseas
Representative, family, and a variety of other
visas. Holders of
Entrepreneur, Innovator, and Investor visas may be eligible for ILR after three
years. For individuals who have invested £10 million or more in the UK, there
is also a two-year path to ILR.
More information about the qualifying periods for ILR can be found
below.
Eligibility requirements for Indefinite Leave to Remain (ILR) in 2021
In addition to achieving the qualifying time for their selected
pathway, ILR applicants must meet additional conditions in order to obtain
Indefinite Leave to Remain in the UK.
These ILR requirements are as follows:
You must have a decent personality.
You must have sufficient knowledge of Life in the UK (as demonstrated
by completing the Life in the UK Test) and English language competence at level
B1, with a few exceptions for certain types of people.
You must not have spent more than 180 days outside the UK in any
12-month period preceding your ILR application.
A Biometric Residence Permit (BRP) that details your immigration
status
Is Indefinite Leave to Remain Valid?
While ILR allows you to stay in the UK indefinitely, it can be
revoked if you spend two years or more outside the country.
If you leave the UK for an extended period of time and intend to
return, you must first apply for a Returning Resident Visa.
Documentation Required for Indefinite Leave to Remain
When applying for Indefinite Leave to Remain in the UK, you must
include a number of supporting documents.
The documentation you will be required to supply will be
determined by your chosen visa category or path to ILR, as well as your
personal circumstances.
To avoid delays or refusal, it is critical that all documentation asked for ILR applications be submitted in the proper manner. Documents that the Home Office may request include:
- Your current valid passport, as well as any previously expired valid passports (during your time in the UK)
- Your immigration background (showing the dates of arrival and departure during the qualifying period)
- Two passport photographs
- Birth certificates
How Long Does It Take To Obtain Indefinite Leave To Remain In The United Kingdom?
Applicants must meet the qualifying term for ILR, which allows
them to stay in the UK permanently.
Depending on your
circumstances, a qualifying period of two, three, five, or ten years will apply
when applying for the Indefinite Right to Remain.
Accelerated Pathways to ILR (Two Or Three Years)
Depending on the visa, ILR may be achievable after two or three
years. Innovator and entrepreneur visa holders may be allowed to reapply after
three years if they can demonstrate that their businesses have expanded
sufficiently.
Investor visa holders can
apply for a second or third time after two or three years, depending on the
amount of investment made (see below for further details).
The Five-Year Path to ILR
As previously stated, the vast majority of situations will need
you to wait until you have been in the UK for five years on a visa that allows
you to apply for Indefinite Leave to Remain under UK ILR criteria (Spouse Visa,
Skilled Worker Visa etc.).
To be eligible for Indefinite Leave to Remain after five years,
you must have lived in the UK on a valid visa for the entire time.
In some situations (for example, the Skilled Worker and Tier 2
routes), it may be feasible to combine time spent in the UK on several visa
categories to meet the five-year qualifying period.
If you are eligible and submit a valid application, you will be
issued an Indefinite Leave to Remain card.
The Ten-Year Road to ILR
The ILR long-residence path is another popular option for those
who have lived in the UK for at least ten years in a row.
It makes no difference what
form of visa you have held in order to qualify for the ten-year long-residence
option, as long as you have been residing lawfully in the UK for this time
period.
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