Indefinite Leave to Remain (ILR)
At Advantage Solicitors, we understand that the Indefinite Leave to Remain process can be complex and challenging. From assessing your eligibility and preparing the necessary supporting documents to submitting your application and tracking its progress, our experienced immigration solicitors will guide you every step of the way to ensure your application is smooth and successful.
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Indefinite Leave to Remain (ILR) Process
To settle in the UK, you need indefinite leave to remain (also called settlement). This removes the restriction of immigration and gives you the right to live, work and study in the UK for as long as you want and allows you to apply for British citizenship in the future.
- 4 main principles that permit you to apply for Indefinite leave to remain:
- If you work in the UK
- If you have family in the UK
- If you have lived in the UK for 10 years
- If you’re a commonwealth citizen
- You may also be eligible to apply for Indefinite leave to remain if:
- You are a refugee or have humanitarian protection or Discretionary leave
- You are returning to the UK after previously granted indefinite leave to remain
- Served in the armed forces
- You must also meet a minimum level that persons of all circumstances must meet before applying for Indefinite leave to remain, which are as follows:
- You must have good English language skills (with the relevant certificate i.e. B1) if you are aged 18 or under and aged 65 and above, you do not need to take B1.
- You must have passed the Life in the UK test (if you are aged between 18 -65)
- You must have been living in the UK for the required qualifying period depending on the application method and during that period you must not have left the UK for more than 450 days in last 5 years.
If you work in the UK
To apply under a work visa for Indefinite leave to remain, you must have lived and worked in the UK for 5 years. If you have a Tier 1, Innovator Founder or Global Talent visa the qualifying period can be 2 or 3 years.
Depending on your visa, you may also need to meet the financial requirements. The eligible visas to apply for an Indefinite leave to remain under a work visa are as follows:
- Tier 2, T2, International Sportsperson or Skilled Worker visa
- Global Talent, Tier 1 Entrepreneur or Investor visa
- Scale-up Worker Visa
- Innovator Founder visa
- Turkish Worker or Businessperson visa
If you have family in the UK
You can apply for Indefinite leave to remain if you have a partner, parent, child or other relative settled in the UK with either a British citizenship or Indefinite leave to remain.
Depending on your family member’s circumstances and the route that you are on, there are different minimum time requirements. The time requirements will be either 2 years, 5 years or 10 years.
You may also have to prove financial requirements depending on which route you are on.
You can also apply for Indefinite leave to remain if:
- Your partner has died
- If you are a victim of domestic abuse
If you’re a commonwealth citizen
If you have been living in the UK for 5 years on a UK Ancestry Visa, you may be eligible to apply for Indefinite leave to remain. You also must not have spent more than 180 days outside the UK in any 12-month period.
You must also prove that you:
- Have enough money to support yourself and your dependants
- Are able to, can and plan to work in the UK
- Are a Commonwealth citizen
You may be eligible for citizenship under the Windrush scheme.
Applying for an Indefinite Leave to Remain?
If you are looking to apply for Indefinite Leave to Remain in the UK, our experienced immigration solicitors are here to help. Please fill in the form below and a member of our team will contact you shortly to guide you through the process.
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Our UK immigration solicitors work directly with individuals and businesses to prepare high-quality UK visa applications. We operate on a case-by-case basis, ensuring all applications are individually tailored to meet your needs without compromising on quality.