What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is a form of settlement available to non-EEA citizens.

Typically, you need to have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK.

Many different types of immigration visas can lead to ILR including Spouse Visas, Tier 1 Visas and Tier 2 work Visas.

Indefinite Leave to Remain enables a person to live in the UK without any restrictions, and is the first step towards naturalisation and full citizenship.

What are the Indefinite Leave to Remain requirements and eligibility?

The specific requirements differ depending on the particular circumstances of the applicant, including the type of visa they hold.

The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.

The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:

• Lawful living in the UK for a certain period of time
• No breach of immigration laws during your stay in the UK and no criminal record
• A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period
• A pass in the Life in the UK test, which is a test based on British culture, history and traditions
• Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages

ILR exemptions

Certain individuals will not need to apply for Indefinite Leave to Remain to be granted with settled UK status.

For example, a child dependant of a British citizen or someone with UK settled status might be granted permission to stay in the UK indefinitely. Also. refugees who have resettled in the UK through the Gateway Protection Program could be automatically granted permission to stay in the UK.

ILR Qualification Criteria

To qualify for Indefinite Leave to Remain you must saitsfy the following criteria:
You must complete 5 years of continuous residence in the UK and adhere to certain income requirements
Keep a detailed record of any absences from the UK over the last 5 years, as any lengthy absences may impact upon your application
You must demonstrate a good knowledge of language and life in the UK, by way of the Life in the UK’ test – a compulsory 45 minute test devised for foreign nationals seeking indefinite leave to remain in the UK or naturalisation as a British citizen

How long is Indefinite Leave to Remain valid for?

There is no time limit on Indefinite Leave to Remain in the UK, however it is important to note that you should not spend periods of more than two years outside the UK as this may lead to the loss of ILR.

Loss of Indefinite Leave to Remain

There are a number of circumstances that may cause you to lose your Indefinite Leave To Remain status. For example, if you leave the UK and upon return are granted leave to enter the UK other than for an indefinite period. This may occur because you mistakenly seek to enter as a visitor, or the immigration officer believes that you do not intend to reside in the UK.
Indefinite Leave To Remain may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.
You may also lose ILR status by leaving the UK for a period of more than two years, however in some circumstances you may be able to reapply. Please note that British Overseas citizens, British subjects and British protected persons do not lose their Indefinite Leave To Remain status no matter how long they stay outside the UK.

What are the Indefinite Leave to Remain requirements?

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.
The most fundamental requirement is to have lawfully lived in the UK continuously for a certain period of time. In most instances, a non-EEA person will be able to apply for ILR after five years. That being said, the minimum time requirement is based on the visa the person is living under and their particular circumstances.
As well as the time requirement, there are other ILR requirements which a prospective applicant needs to fulfil to become eligible for Indefinite Leave to Remain.
These requirements are as follows:

• No criminal convictions or breach of immigration laws
• A pass in the Life in the UK test
• Ability to prove a B1 level of English as set out by the Common European Framework of Reference for Languages (unless exempt)
• The applicant must not have spent more than 180 days outside of the UK in a 12-month period during their UK residency

It is important to note that if an applicant is found to have deceived the Home Office in any application or during their time in the UK, they will not be eligible for Indefinite Leave to Remain and further disciplinary action could be taken.

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