Secure Your Future in the UK: Guide to Indefinite Leave to Remain

Secure Your Future in the UK: Guide to Indefinite Leave to Remain

Daniel Hall 26/03/2024
Secure Your Future in the UK: Guide to Indefinite Leave to Remain

In compliance with the UK's immigration regulations, specific work, business, and family visas afford foreign individuals the opportunity to seek indefinite leave to remain (ILR) after maintaining legal and uninterrupted residence in the UK for 5 years.

ILR grants the privilege to permanently reside, work, and study in the UK without the necessity of further visa applications. Moreover, it facilitates the eligibility to apply for British citizenship following an additional 12 months. This article aims to delineate the eligibility criteria for indefinite leave to remain 5 years and the process of obtaining it through the amalgamation of various immigration categories.

ILR Requirements

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To be eligible to apply for Indefinite Leave to Remain (ILR), you need to meet the requirements listed below:

  1. Residency. You have to have lived in the UK continuously for the required amount of time.

  2. Good character. You ought to conduct yourself with integrity.

  3. Life in the UK Test. You must pass the Life in the UK exam.

  4. English language proficiency. You must demonstrate that you can speak English at the B1, B2, C1, or C2 level.

  5. Absences. During the qualifying period, you were not permitted to spend more than 180 days away from the UK in any given year.

The period of residence required for ILR varies depending on the kind of visa you presently have. Most visas, including the Spouse and Skilled Worker visas, need five years of continuous presence to be eligible for ILR. Holders of the Innovator Founder and Global Talent Visas may, however, apply for ILR after three years. For further details, please refer to the "When can you apply for ILR" section.

Once you have met the ILR criteria, you may proceed with your application to become a UK permanent resident. Once approved, you will not need a visa to live or work in the UK for an extended time. Furthermore, after a year of having ILR, you will have the opportunity to apply for British citizenship, as detailed below.

When Can You Apply for ILR?

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Depending on your visa status, there are different requirements for the length of stay before filing for ILR. Before you apply for ILR, you usually need to have had a valid UK visa for five years. This requirement applies to those on family visas, work visas, and many other types of visas (explained in more detail in the section that follows). Nonetheless, after three years, holders of investor, innovator, and entrepreneur visas may be eligible for ILR.

5-Year Route

In most instances, eligibility for ILR arises after a continuous residency of 5 years on a qualifying visa. To qualify for ILR within this timeframe, you must have resided in the UK continuously on a valid visa. The following visas are eligible for ILR after 5 years:

  • Work visas: Skilled Worker visa, Tier 2 Minister of Religion visa, International Sportsperson visa, and Turkish Worker visa

  • Business visas: Global Talent visa, Innovator visa, Tier 1 (Entrepreneur) visa, Representative of an overseas business visa, Turkish Businessperson visa

  • Family visas: Spouse visa, Parent visa, Child visa, Adult dependent relative visa

  • Tier 5 (International Agreement) visa

  • Ancestry visa

In some instances, you may need to provide evidence of over 5 years of residency if you've switched from a different visa category. Depending on the transition between visa types, this might "reset the clock," necessitating the accumulation of 5 years on the new visa.

Certain visas, such as the Skilled Worker and Tier 2 routes, may allow the aggregation of time spent on different visa types to fulfill the 5-year qualifying period. Upon meeting the eligibility criteria and submitting a successful application, you'll be granted Indefinite Leave to Remain.

10-Year Route to ILR

Another well-received avenue available to individuals who have resided in the UK continuously for a minimum of ten years is the ILR long-residence route. With this 10 years long residence, the type of visa previously held becomes inconsequential for qualification. Instead, the key criterion is maintaining lawful residence in the UK throughout this duration.

Accelerated Route to ILR

Depending on the specific visa category, individuals may have the opportunity to attain ILR status after a period of two or three years. This accelerated pathway to ILR is accessible to holders of the following visas:

  • Innovator visa

  • Entrepreneur visa

  • Investor visa

  • Global Talent visa

Holders of Innovator and Entrepreneur visas may apply after three years if they can show substantial company development. Entrepreneur visa candidates must create at least 10 new full-time employment or have a firm revenue of at least £5 million. Investor visa holders may apply after two to three years, depending on the size of their investment. It's worth noting that the Entrepreneur Visa and Investor Visa pathways are no longer available to new applicants. Global Talent visa holders may apply for ILR after three years if they have obtained an endorsement.

ILR in the UK is an important step for people looking to stay permanently. Applicants who satisfy the conditions outlined above — residence, character, and language competency — may achieve stable residency. Whether via the conventional five-year procedure or speedier alternatives for certain visa holders, ILR provides independence from visa restrictions. Individuals may confidently establish and grow in the United Kingdom with thorough preparation and execution of the application procedure.

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Daniel Hall

Business Expert

Daniel Hall is an experienced digital marketer, author and world traveller. He spends a lot of his free time flipping through books and learning about a plethora of topics.

 
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