Indefinite leave
to remain

There are different ways to apply for Indefinite Leave to Remain based on your circumstances. We set out the most common pathways below.

Depending on which category of work visa you have, you may be eligible to apply for settlement after spending five continuous years in the UK, or in some cases as early as two to three years.

You may also need to meet the salary or financial requirements – this depends on your visa.

note:

Not every work visa leads to settlement and therefore you may not be eligible to apply for Indefinite Leave to Remain.

Temporary Worker visas and the Global Business Mobility visas are examples of categories which do not lead to settlement, and time spent on these visas will not count towards your qualifying period if you ‘switch’ to another visa category which does provide a pathway to ILR.

You may be able to apply for ILR if you have a partner, parent, child or other relative who is settled in the UK, either as a British citizen or with ILR status. How you apply depends on which visa you have and how your family member settled.

You can either apply with your family visa, or as a dependant on your family member’s visa. There are other ways to apply if your partner has died or if your relationship ended because of domestic violence.

If you have been in the UK legally for 10 continuous years, you may be eligible to apply for ILR based on ‘long residence’. You must hold current permission to stay (leave to remain) in any immigration category when you apply.

You must have been in the UK for 10 years without gaps – this is known as ‘continuous residence’. You can leave the UK during the continuous residence period for up to 180 days in any 12-month period.

If none of the above options are applicable to your circumstances, there are other ways to apply for ILR.

Refugees or those with humanitarian protection can apply for ILR free of charge after five years in the UK. You may also be eligible to apply if you have served in the UK armed forces. Depending on how long you have served and your medical status, you may or may not have to pay a fee.

You may also be able to live permanently in the UK as a ‘returning resident’ if you were previously settled here. You must have had ILR in the UK when you last left and must not have received financial support from the Home Office to leave the UK.

Those applying for ILR in the UK must pay an application fee to the Home Office. Currently, it costs £2,885 for each person applying. Depending on your age and the category under which you are applying for ILR, you may need to pass the ‘Life in the UK’ test, which costs £50.

You will usually get a decision on your application for ILR within 6 months if you apply using the standard service. You may be able to pay to get a faster decision using the Home Office’s Priority or Super Priority services.

If your application for Indefinite Leave to Remain is approved, you will be able to do the following:

• Work
• Run a business
• Study
• Use public services, such as healthcare and schools
• Apply for public funds (benefits) and pensions, if you are eligible
• Apply for British citizenship, usually after a minimum of 12 months

When you have successfully obtained ILR, you must not stay outside the UK for more than 2 years at a time or you could lose your status and must apply again before you can return to the UK.

If you think you might be eligible for settlement in the UK, Smith Stone Walters can help you apply. Our dedicated Private Client team are highly experienced in submitting applications for Indefinite Leave to Remain on behalf of our clients using the various pathways outlined above. To find out more about our services and our fees, please contact us today.