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Indefinite Leave to Remain in the UK (also known as settlement or permanent residence)
ILR allows you to remain in the UK for an indefinite period, on condition you intend to remain present and settled here. If you leave the country for a continuous period of 2 years or more, it is usually deemed by the authorities that you are no longer present and settled, and you may have your ILR revoked.
ILR allows you to work without restriction in the UK. It allows you to exit and re-enter the country multiple times. You are free of immigration control.
Eligibility
To qualify for ILR (also known as Permanent Residence), you will need to remain in the UK on your specific visa for a set amount of time. The number of years needed on a visa to qualify varies between the different visa categories as follows*:
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*Please note that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months if you are on a Tier 1 Visa (excluding Tier 1 Post Study Work Visa), Work Permit or an Ancestry Visa. Likewise, if you are on a Marriage (Spouse) or Unmarried Partner Visa, you can apply for Indefinite Leave to Remain after 1 year and 11 months. For those clients applying under the 10 Year Long Residence Rule, you can apply up to 28 days before you have stayed in the UK continuously for 10 years. This is possible as you have the right under the immigration rules to apply up to 28 days before your visa expires.
As well as having spent sufficient time in the UK, applicants will also need to have:- Passed the life in the UK test (you are exempt if you qualify under the HSMP judicial review)
- Be able to prove that you have sufficient funds to support yourself and any dependents
- Have suitable accommodation for yourself and any dependents
- Have a job that brings you in suitable regular income
In addition to the above requirements, applicants should also consider:
You are entitled to take holidays and travel on business trips. You should try to not leave the UK for longer than one month a year (this amount of time excludes business trips where you have a letter from your employer) and not more than 3 months in one single trip.
Please note that the Home Office case worker can offer discretion and not include any business trips you have taken as time spent outside the UK (as long as this point is argued properly in our cover letter attached to your ILR application). We recommend that you keep documentation proving that your trip was solely for business reasons.
Call now to speak to our consultant about how we can help you to apply for a long residency visa or contact us for Indefinite Leave to Remain assessment.