Applying for Indefinite Leave to Remain
Applying for Indefinite Leave to Remain in the UK can be a minefield if you don’t understand the legal requirements
If you’d like to make the United Kingdom your permanent home and want to remove expensive and cumbersome immigration & visa restrictions, you should see if you can get the magic wand that Indefinite Leave to Remain (ILR) is.
Not only that ILR will make all those restrictions on your stay go away, it will also be your first step toward becoming the citizen of a beautiful country that the United Kingdom is.
You will have to have been free from immigration restrictions for at least a year before becoming eligible for British citizenship application unless you are married to a British citizen or are his/her civil partner.
When you apply for ILR your foreign born children, who are in the UK as your dependent, will be able to settle with you. The children who were born in the UK when you were a migrant will be able to register as British citizen after you get your ILR. Any children born in the UK after your ILR will automatically be British citizens by birth.
The ILR is a permanent immigration status allowing you to stay in the UK for an indefinite period of time. However there are circumstances in which it can become invalid or be revoked.
The legal requirements for Indefinite Leave to Remain vary depending on the kind of visa or immigration status you have held during your stay in the UK. These requirements are complex and proper legal advice and representation must be sought to ensure compliance for better chances of success. It is worth getting expert legal advice and representation as your application for indefinite leave to remain might well be your last immigration application which you must not risk.
At 1st Citizen we have helped countless clients with their settlement in the UK sometimes using postal applications and sometimes same-day premium and super-premium services.
You can make an application for ILR by up to 28 days before the expiry of your current visa or ‘qualifying period’. A qualifying period (lawful) is a period of continuous residency in the UK which varies depending on your immigration status.
Please consult the table on this page to determine the qualifying period of residence you must complete before becoming eligible for ILR.
The rules governing Indefinite Leave to remain do not apply on European nationals and their family members. They can apply for permanent residence under the EEA regulations which provide for less stringent criteria to be met.
Following are some of the most common requirements that must be met for an applicant to qualify for ILR. For instance, all applicants are required to meet English language and Life in the UK requirement.
There are limits on the amount of time you can spend outside of the UK during the qualifying residence period. There are new criminality rules and Tier 1 (General) applicants must score points just as they did when they obtained entry clearance or extensions.
The Tier 2 applicants are also required to earn appropriate salaries which have been prescribed in the rules.
Call us today for specialist advice and representation for your indefinite leave to remain, settlement, or permanent residence in the UK, for you may be at risk of becoming an illegal overstayer should your application get returned as invalid or refused. If that happens you might break your continuous residence losing the opportunity to live in the UK forever.
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Qualifying residence for Indefinite Leave to Remain
Please consult the table below to determine the qualifying residence period that you must complete before making an application for indefinite leave to remain in the UK. Indefinite leave to remain is also known as settlement, indefinite stay or permanent residence.
| VISA STATUS | RESIDENCE |
| Married/Civil/Unmarried Partners | 5 Years |
| Married/Civil/Unmarried Partners (pre 9 July 2012) | 2 Years |
| (Private & Family Life) | 10 Years |
| EEA nationals & their EEA or Non-EEA family members | 5 Years |
| Parent or Carer of a British or Settled Child in UK | 5 Years |
| Parent or Carer of a British or Settled Child in UK (Private & Family Life) | 10 Years |
| Parent or Carer of a child given stay after 7 years’ residence | 5 Years |
| Parent or Carer of a child given stay after 7 years’ residence | 10 Years |
| Children under 18 already in UK with settled or settling parents | With parents |
| Those over 18 who came to UK as child with settled/settling parents | With parents |
| Ancestry Visas | 5 Years |
| Tier 2 General (work permit) | 5 Years |
| Tier 1 (General) Migrants | 5 Years |
| Tier 1 (Entrepreneurs) & (Exceptional Talent) | 5 Years |
| Tier 1 (Investors) Fast track 1 | 2 Years |
| Tier 1 (Investors) Fast track 2 | 3 Years |
| Tier 1 (Investors) Standard track | 5 Years |
| Representatives of an Overseas Business | 5 Years |
| Domestic Worker in a Private Household – Pre 6 April 2012 | 5 Years |
| Legal stay on any basis (Long residence) | 10 Years |
| Illegal stay on any basis | 20 Years |
| PRIVATE LIFE as 18-24 years old, spent over half your life in UK | 10 Years |
| At least 18, less than 20 years residence & no ties with another country | 10 Years |
| Under 18, Minimum 7 years UK residence, unreasonable to relocate | 10 Years |
| Adult Dependent Relatives Get Indefinite Leave to Enter | N/A |
| Refugees, Humanitarian Protection | 5 Years |
| Discretionary Leave (Pre 9 July 2012) Apply on DL Form if you were refused asylum and given DLR | 6 Years |
| Discretionary Leave (Post 9 July 2012) Apply on SET(O) Form if you had a non-asylum application refused | 10 Years |