Apply for Indefinite Leave to Remain

Settling into the UK should be an exciting time for you and your family – but it often comes with stress and many complex processes. When you successfully apply for indefinite leave to remain, you can access the same public services as British citizens and start your new life in the United Kingdom.

At Truth Legal, our expert immigration solicitors are here to make sure this process goes as smoothly as possible. We’ll help you with supporting documents, choosing your visa category and lending a hand should your request be refused.

Contact us today to arrange your consultation and start the application process.

What is indefinite leave to remain (ILR)?

Indefinite leave to remain, or ILR, is a type of settlement in the UK which means foreign nationals have permanent residence. If you’re from overseas and have ILR, you may live, work or study here freely.

You’ll also be able to access public services such as the National Health Service (NHS) and public services, such as benefits. After one year, you can apply for full British citizenship or ‘naturalisation’.

There are many different types of visa that can qualify migrants to have ILR status. Our friendly, team will guide you through these, providing assistance on application forms and support for your family.

How do I qualify for indefinite leave to remain?

You must meet certain eligibility criteria to qualify for ILR. In most cases, you’ll need to have lived in the UK for at least five years, though some cases may only require two or three years. There are many different visas for certain circumstances, which is where our immigration lawyers can help.

As a rule, you must be able to:

• Speak the English language to a good standard (level B1 or above)
• Prove good character (financially independent, no criminal convictions or legal concerns with immigration status etc.)
• Show you have not spent more than 180 days each year outside of the UK in the qualifying period.

You’ll also need to pass a ‘Life in the UK’ test. This is a 45-minute test with 24 questions about British traditions and customs, which costs £50 to book. Our legal teams can point you to free online resources to practise.

What documents do I need to submit for ILR?

• Our indefinite leave to remain solicitors can help you gather the information and documents you need to support your application, including:
• Identity or travel documents including passports, biometric residence permits, birth certificates and/or adoption certificates
• Proof that you have passed the Life in the UK test and meet the English language requirement
• Proof of income, such as wage slips and bank statements
• Details of any absences from the UK.

You can also apply for ILRs for dependents, such as children under 18, your spouse or unmarried partner (providing you have lived together or been in a relationship akin to marriage for a minimum of two years). We can help you with any other concerns you may have about these applicants.

When can I apply for indefinite leave to remain?

Your ILR application must prove that you’re committed to staying in the UK. In most cases, this means you must have been here for at least five years. However, there are unique circumstances, which we’ve outlined below and can explain in more detail during your consultation.

Apply for indefinite leave to remain after 5 years

This is the most common route to apply for an ILR. You must have had one or more of the following visas for at least five years:

• Work visas (skilled workers, Tier 2 minister of religion, international sportsperson etc.)
• UK Ancestry visas (for Commonwealth citizens with at least one grandparent born here)
• Business visas (global talent, innovator visa, representative of overseas business etc.)
• Tier 5 international agreement visas.

Family member routes

Family visa routes include spouse visas, parent visas, child visas and adult dependent relative visas.

Apply for indefinite leave to remain after 5 years (spouse)

If you’re applying for ILR based on a family member in the UK, including a spouse, this comes under a section of immigration rules called Appendix FM. Those who meet the standard requirements of Appendix FM can usually take the five-year route, providing they have the funds to support family members. New entrants to the route will now need to show an income of least £29,000, or rely on savings of £88,500. It is possible to rely on other income sources and to combine. See our detailed guide for more detail.

We can help you determine which route is best for you based on your Home Office route and circumstances.

Skilled worker routes

You may apply for ILR based on your skilled worker visa. The skilled worker route replaces the old Tier 2 system. You must have been in the UK for five years, and though you don’t necessarily need to have been a skilled worker for the entire time as certain other routes qualify, you must have been in your most recent grant of leave.

Skilled workers must generally have a minimum salary of £38,700 although there are various exceptions to this rule, as well as employer sponsorship. You can find out more about skilled workers here.

Apply for indefinite leave to remain after 10 years

Also known as a Long Residence ILR, you can apply for this after 10 years’ continuous, lawful residence in the UK. You may have had more than one visa during this time, which means this could be a faster option.

For example, you may have been in the UK on a work visa before switching to a spouse visa. During this period of time, you must not have excess absences during your 10-year qualifying period (there are different rules around absences, depending on when the absences took place)..

Apply for accelerated indefinite leave to remain

In some cases, you may be able to apply for ILR in as little as two to three years. These include:

Tier 1 Investor routes

This category generally requires five years’ continuous residence. You can reduce this to three years if you can invest at least £3 million or two years if you can invest at least £5 million. You must not be absent from the UK for more than six months during any 12-month period. (This is more relaxed if you were absent before 2018, when rules were tightened.)

You must also have a minimal B1 Level of English to qualify on these grounds.

The Tier 1 Investor route is now closed to new applicants.

Tier 1 Entrepreneur routes

The Tier 1 Entrepreneur route typically requires five years’ residence in the UK. You can reduce this to three years if you can prove turnover of at least £5 million, or that you have created at least 10 jobs.

Like other routes, you must not have been absent from the UK for more than six months during any 12-month period. (This is more relaxed if you were absent before 2018, when rules were tightened.)

The Tier 1 Entrepreneur route is now close to new applicants.

Global Talent routes

The Global Talent route is generally for those with three or five years’ residence in the UK. People under the Exceptional Promise sub-category can apply after five years, whilst those in the Exceptional Talent category can qualify after three years.

Applying for ILR requires your ‘Designated Competent Body’ to continue to endorse you, and you must be able to prove that you earned money in your field during your time in the UK. Again, you must not be absent from the UK for more than six months during any 12-month period. (This is more relaxed if you were absent before 2018, when rules were tightened.)

ILR based on Settled Status under the EU Settlement Scheme

If you’re an EU, EEA or Swiss citizen, you and your family could apply for settled status under the EU Settlement Scheme. This allows you to live and work in the UK without any restrictions, providing you were living here before 21st December 2020.

What happens if my ILR gets rejected?

Your ILR may be rejected for a number of reasons, including staying outside of the UK for too long or making mistakes on your forms. If your case has been refused, we may be able to make an appeal on the grounds of human rights (for example, protection from domestic violence).

Our experienced legal teams can help you through this stressful process, usually through a judicial or administrative review. We’ll keep you informed throughout and recommend the best course of action. You may simply be able to resubmit due to errors.

You can find out more about your rights and status on the Gov.uk website here.

Why choose Truth Legal for ILR applications?

At Truth Legal, we understand how important it is to provide a comfortable life for you and your family in the UK. We’ll give you unbiased, expert advice on employment, study or accessing public funds, as well as keeping you safe with humanitarian protection.

Choose Truth Legal for:

• Help with application forms
• Choosing the right type of visa for your IRL
• Gathering documents for your application
• Appeals for rejections
• Family support

Our specialist immigration lawyers have a proven track record of running successful cases just like yours. Get in touch to start your ILR consultation today.

Indefinite leave to remain FAQs

What are the requirements for applying for indefinite leave to remain?

Typically, you must have lived in the UK for five years to qualify for IRL. In the cases of visas such as Tier 1, Innovator Founder or Global Talent, this can be two or three years. You may also need to earn a minimum salary depending on the visa route you choose. Our expert immigration solicitors can guide you on this.

How much does it cost to apply for indefinite leave to remain?

At the time of writing, the cost for an ILR application is £2,885 per person. Some visa holders may prefer to pay an extra £500 for five-day processing or an extra £1,000 for 24-hour processing. You should also remember additional costs such as the £50 Life in the UK test fee.

How long does an indefinite leave to remain application take?

A typical ILR application takes up to six months to process. You can make this easier by providing the right documentation with our legal help. If you wish, you can also pay added fees to speed up the process: £500 for a five-day turnaround or £1,000 for a 24-hour decision.