Indefinite Leave to Remain in the UK

Why Should Indefinite Leave to Remain in the UK Be Planned in Advance?

Thousands of foreigners come to the UK every year to build a career, develop their business or simply enjoy safety and comfort in a modern democratic country. Those who come to Great Britain on a work, business or family reunion visa normally apply for an indefinite leave to remain (ILR), or settlement, after five years of living in the country and successful integration in the British society.

Regardless of the visa category, ILR application in the UK is a complicated process that requires compliance with numerous conditions and requirements. That is why it is vital to pay utmost attention to every step of this process, plan and control each stage in order to avoid a refusal from immigration authorities that can put an end to your many years in the UK.

Immigration advisors of Imperial & Legal have extensive experience in supporting people who relocate to Great Britain and plan to obtain an ILR and citizenship. Our specialists have excellent expertise in similar immigration situations, so we have prepared important guidelines to help you understand peculiarities of the process of ILR application.

What is Indefinite Leave to Remain in the UK?

In the UK, there is an indefinite leave to remain and an indefinite leave to enter (ILE), and if you have either of them and you have established a home in the UK, you are considered to be settled here.

An indefinite leave to remain means that its holder is no longer subject to immigration control in Great Britain, there are no requirements to comply with in terms of living, working, etc. ILR holders enjoy more or less the same rights and freedoms as UK citizens.

Who Can Apply for Indefinite Leave to Remain?

The right of a foreign national to an indefinite leave to remain in the UK depends on their immigration category and the grounds they file their ILR application on. For instance, you have the right to apply for an ILR if you have lived in the country for ten years.

Work, business and family reunion visa holders must live in the UK for at least five years and comply with all immigration requirements in order to apply for an ILR here. In some cases, certain immigration categories can apply for a UK indefinite leave to remain after 2-3 years of living in the country.

To sum it up, the following immigration categories can apply for ILR in Great Britain:

1. Holders of long-term work, business and family reunion visas as main applicants or dependants after several years of living in the UK.
2. Those who have lived in the country for over ten years on legal grounds.

Legal grounds for ILR application in the UK

There are other categories of applicants who have the right to obtain ILR, such as refugees or foreign citizens who have served in the British army. However, we have not included them in our review as these cases are rather rare.

Requirements for the Applicants of Indefinite Leave to Remain

You can get ILR status in the following cases:

1. You have lived in the country for a certain period of time (as a rule, five years) on a long-term visa or spent last ten years on the British Isles on different legal grounds.
2. You have good command of English and can prove it:
   • By being a citizen of an English-speaking country;
   • With a diploma issued by a British higher educational institution;
   • By successfully passing an English test.
3. You have passed the Life in the UK test.
4. You comply with criteria for settlement in Great Britain.
5. You have a minimum income (in some cases).

Process of Applying for Indefinite Leave to Remain

ILR application is filed online. Make sure you fill in an application which is required for your immigration category. All in all, there are four forms with the following codes:

1. LR – for applicants who have lived in the UK the legal grounds for a long time;
2. M – for applicants who have relocated to the UK with family visas (parents, children, spouses and civil partners of UK citizens);
3. О – for those who have come with a work and business visa;
4. EU Settlement Scheme – a form designed for EU citizens who apply for settlement status in the framework of the EU Settlement Scheme. Currently, this option is available to EU citizens who failed to get a British ILR before 31.01.2020 for a solid reason such as a serious illness.

Make sure that all the information in your application is correct and relevant for your case. You need to prepare a set of supporting documents; if some of them are in the foreign language, you will need certified translations into English. You will also need to pay a government application fee.

A standard set includes the following documents:

• international passport of the main applicant;
• long-term visa showing that you have stayed in the UK on legal grounds;
• evidence of trips outside the UK;
• evidence of your knowledge of the English language and successful passing of the Life in the UK test;
• payslips issued by your employer that show that your salary is above the legally established minimum if you apply for a British ILR as a qualified worker.

How Much Does It Cost to Apply for Indefinite Leave to Remain (ILR)?

The standard fee is £2,389, excluding £19.20 biometrics fee.

It may take up to six months to get a decision on your case, but as a rule, it is done faster, within six to twelve weeks. In most cases, you can pay additional £500 to have your application considered within five days. Some categories of applicants may use the priority option and have their application considered within 24 hours for additional £800; however, this the number of applicants may be limited.

Note that neither standard nor biometrics fee will be refunded if UK authorities refuse your ILR application in the UK.

Most frequent reasons for refusal are listed below:

• application form is incorrect or incomplete;
• mistakes and false information in supporting documents or missing information;
• failure to provide supporting documents or information within the given timeframe if requested by the Home Office.

How Can I Avoid Refusal?

Your chances to get ILR and avoid mistakes that may lead to refusal of your application will be higher if you contact experienced immigration advisors in Imperial & Legal. They will make sure that your application form is filled in correctly and all the necessary documents have been provided. Besides, they will analyse all your trips outside the UK and come up with a plan of getting an indefinite leave to remain in Great Britain. Our specialists will also support you in your preparation for an English exam and a Life in the UK test.

Biometric Residence Card (BRC)

Most UK residents already know what a residence card is as they collected it upon arrival to the country on their current visa. However, you will need to have your biometric information taken again for a small fee. Finally, when your application is approved, you will get an ILR BRP card.

This BRP card is valid for ten years subject to renewal. Due to some changes in encryption technologies, BRP cards of some residents will be reissued after 31^st December 2024 but it will not affect their immigration status in any way.

Once you obtain your ILR BRP card, double check all the details on the card carefully and make sure there are no mistakes. If there are, you need to report them to the Home Office immediately.

Can my Indefinite Leave to Remain in the UK Be Cancelled?

Yes, it can be in the following cases:

• It is revealed that you have deliberately lied to the Home Office providing false information about yourself.
• ILR was granted to a refugee who does not hold this status now.
• A migrant is subject to deportation but cannot be deported as it is in violation of human right treaties signed by the UK.

However, the most frequent reason for an ILR to be cancelled is a permanent resident living outside the UK for two or more years. Under the EU Settlement Scheme, EU nationals will lose their settled status if they are absent for five years and Swiss citizens, four years.

Applying for British Citizenship

ILR holders have the right to live and work in the UK without any restrictions and, as we have mentioned above, their status hardly differs from the one of a British citizen. Thus, some ILR holders, especially those who come from countries where it is prohibited to have a second citizenship, stick to this status instead of applying for citizenship.

However, most ILR holders usually go further and apply for naturalisation after 12 months of living in the country as a settled person. In order to become a British citizen, you need to have good knowledge of English as well as customs and tradition of living in the UK. Spouses of UK citizens can apply for citizenship straight after getting settlement, without having to wait for 12 months, provided they comply with all other criteria.

A new passport with the Lion and the Unicorn, UK symbols, will be given to you once you get naturalised as a British citizen. You will need to fill in a special form and pay a fee to get it. The process of issuing a passport lasts three to ten weeks, depending on your circumstances and the place where you applied for citizenship.

More detailed information about getting UK citizenship can be found on our website or during a prebooked consultation with Imperial & Legal specialists.