Indefinite Leave to Remain (ILR), also known as the UK Settlement Visa, is a status that allows individuals to live in the UK permanently after holding a temporary visa for a specific time. This status is granted to people who have shown a long-term commitment to the UK. ILR holders can stay, work, and study in the UK without restrictions and travel in and out freely.
Indefinite Leave to Remain is a type of permanent residency that allows individuals to live in the UK without any time limits. Holders can work, study, and enjoy other benefits available to residents. It is a significant step toward applying for British citizenship.
Who Can Apply for ILR?
ILR is available only to certain categories of individuals who meet specific requirements. These categories include:
| Category | Required Period of Stay in the UK |
|---|---|
| Spouse under a marriage visa | 5 years (post-July 9, 2012) |
| Ancestry visa holders | 5 years |
| Work permit holders | 5 years |
| General visa holders | 10 years |
| Investors | 5 years |
| Writers, composers, or artists | 5 years |
| Retired persons of independent means | 5 years |
| Refugees and those with humanitarian protection | Typically 5 years |
Continuous Period of Stay
Applicants must meet the continuous period of stay requirement, meaning they must not have spent more than 180 days outside the UK in any 12-month period during the qualifying time. Exceptions may apply for:
- Serious illness (personal or family).
- Family events, like birth or death.
- Natural disasters or conflicts.
Documents needed to support exceptions include:
- Medical certificates.
- Birth or death certificates.
- Travel disruption proofs, like flight rescheduling documents.
Reasons for Ineligibility
Some factors can make individuals ineligible for ILR:
- Long absences from the UK during the qualifying period.
- Unpaid taxes, especially for those with a Tier 1 General Visa.
- Applying too early, before the required period is completed.
- Missing required documents.
- Negative immigration history or criminal records, which may cause delays or rejections.
When to Apply for ILR?
Applications should be made no more than 28 days before completing the qualifying period. Applications submitted too early will be refused, and fees will not be refunded.
Application Forms
The form you use depends on your visa type:
- SET(M): For partners of settled individuals.
- SET(O): For various categories like Tier 1 and Tier 2 migrants, ancestry visa holders, and work permit holders.
Also read What is a Letter of Invitation for Canada Visa and How to Get It?
Applying as a Partner
Eligibility
Applicants must have held a spouse/civil partner visa for 5 years and meet these conditions:
- Minimum income requirement: £18,600 per year.
- Proof of relationship, such as joint utility bills and rental agreements.
Required Documents
- Two passport-sized photos with the applicant’s name on the back.
- Partner’s photo.
- Original documents (not photocopies).
- Certified translations of non-English documents.
- Passport copies showing personal details and immigration stamps.
Applying Under Other Immigration Categories
Those in categories such as Tier 1 (Entrepreneur) migrants, ancestry visa holders, and work permit holders should use the SET(O) form.
Documents Needed
- Two passport-sized photos for the applicant and dependents.
- Valid passport or national ID.
- Original supporting documents.
- Proof of English language proficiency.
- Details of any absences from the UK, including travel history.
Refugees and Humanitarian Protection
Individuals with refugee status or humanitarian protection can apply for ILR after 5 years of stay using the SET(Protection Route) form. Partners and children already in the UK can be included in the application.
Also read What is CAS and how to apply for it for your UK Study Visa?
Long Residence Applications
Individuals who have legally lived in the UK for 10 continuous years can apply for ILR under the long residence route. The period starts from:
- The day of arrival in the UK, or
- The date permission to stay was granted.
Application Fee
The fee for a long residence application is £2,389.
Returning Resident Visa
Those who previously had ILR but have been away for more than 2 years or lost their documentation need a Returning Resident Visa. The fee for this visa is £516.
Required Documents
- Valid passport
- One passport-sized photo
- Proof of ties to the UK (e.g., family or property ownership)
- Biometric data (fingerprints and photo)
Life in the UK Test
Most ILR applicants must pass the Life in the UK Test. The test includes 24 questions about British traditions and customs, which must be answered within 45 minutes. The test costs £50 and needs to be booked online at least three days before the chosen date. Required items for booking include:
- ID
- Email address
- Debit or credit card
Exemptions
- Applicants under 18.
- Applicants over 65.
- Those with long-term physical or mental conditions.
Also read UK Family Visas: Eligibility, Types, and How to Apply
English Language Requirement
Proving English proficiency is necessary for ILR. Applicants can do this by:
- Submitting an academic qualification recognized by UK NARIC.
- Passing an approved English test with at least CEFR level B1 in speaking and listening.
Exemptions
- Nationals of English-speaking countries such as USA, Canada, and Australia.
- Applicants under 16 or over 65.
- Those with a medical condition preventing them from meeting the requirement.
Employment Rights for ILR Holders
Holders of ILR can work in the UK without restrictions. They have the same employment rights as British citizens, including maternity leave, paternity leave, and health and safety protections.
Indefinite Leave to Remain (ILR) provides the opportunity for individuals to live in the UK without limitations and pursue long-term plans. Understanding eligibility, the application process, and necessary documentation is important to move forward confidently.