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Embark on Your Journey to Permanent Residency: Apply for Indefinite Leave to Remain (ILR) in the UK
Settling down in a new country involves several milestones and applying for Indefinite Leave to Remain (ILR) in the UK is one of the most critical steps. Sometimes referred to as permanent residency, ILR provides you with the freedom to live and work in the UK without restrictions.
A Comprehensive Guide to Understanding ILR
Navigating the path towards acquiring Indefinite Leave to Remain (ILR) can seem daunting due to its complex process and stringent requirements. But worry not, Immtell is here to help you comprehend the subtleties of ILR, paving your way towards becoming a permanent resident of the UK.
Requirements for Indefinite Leave to Remain
The eligibility criteria for ILR can seem complicated. It encompasses everything from continuous lawful residence requirements, passing the Life in the UK test, to demonstrating sufficient knowledge of the English language. It is also essential to have a clean immigration history and provide evidence of financial stability.
The following main UK visa types lead to Indefinite Leave to Remain (ILR)
The following UK visa types do not lead to Indefinite Leave to Remain (ILR), unless applying under the ten-year long residence route:
What constitutes ‘Continuous Residence’ in the UK?
The residency requirement for ILR varies depending on the UK visa type currently held.
Skilled Worker (previous Tier 2 (General) visa categories, the applicant should usually not have been absent from the UK:
- for more than 180 days in any rolling 12-month period if the last visa was granted after 11 January 2018; or
- for more than 180 days in any preceding 12-month period at the time of application if the last visa was granted before 11 January 2018
If the applicant has been in the UK with visas granted both before and after 11 January 2018, the applicable requirement will apply to the period that each visa was held, thus a combination of the two.
UK Ancestry visa category, the applicant should usually not have been absent from the UK:
- for more than 180 days in any preceding 12-month period at the time of application if the last visa was granted before 11 January 2018
There is no official absence or continuous residence requirement for spouse/partners of a British citizen, or someone permanently settled in the UK.Â
However, there is an expectation that the UK has been the principle place of residence during the qualifying five-year period for ILR and the applicant should be resident at the time of application. If one has been absent from the UK significantly during the five-year qualifying period, this may raise additional questions by the caseworker and as such the application should be well prepared.Â
Do dependant family members also have to meet the residence requirement?
Qualifying family dependants, essentially those that hold UK visas or permits as the dependant of the ‘main applicant’, for example Skilled Worker, are usually also permitted to apply for ILR once they have held the appropriate immigration permission for a minimum of five years and the other requirements are met.
The UK continuous residence requirement for dependants is only applicable if the last visa was granted after 11 January 2018. If applicable, absences from the UK must not exceed 180 days in any rolling 12-month period. There is no requirement for dependants of the UK Ancestry visa.
Life in the UK & English Language Requirements
How do you apply for Indefinite Leave to Remain (ILR)?
What else do you need to know about ILR?
Although once granted ILR, the holder will no longer be subject to any time limits or restrictions in the UK, it is important to understand that the immigration status can be lost.
Examples of when Indefinite Leave to Remain (ILR) can be revoked/lapse include:
The Advantages of ILR
Securing ILR not only provides you with the security of permanent residence, but it also opens up several opportunities. You get the freedom to work without restrictions, gain access to public funds, and it’s a stepping stone towards applying for British citizenship.
Expert Guidance for your ILR Application with Immtell
Our team of experienced immigration consultants at Immtell understand the complexities of the ILR application process. We offer expert guidance tailored to your personal circumstances, ensuring that your application is accurate and meets all the required standards. With Immtell, your path to permanent residency in the UK is made simpler and stress-free.