Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) is a form of settlement status in the UK, also known as permanent residency. It signifies that an individual can live and work in the UK without any immigration restrictions.
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Eligibility Criteria for ILR
Residency Requirements:
- Duration: Typically, individuals must have lived lawfully in the UK for a specific period, usually five years. However, some visa categories may have shorter residency requirements.
- Continuous Residence: Applicants must demonstrate continuous residence in the UK throughout the qualifying period.
Good Character:
- Applicants must have a clean immigration history, with no breaches of immigration laws or criminal record.
English Language Proficiency:
- Proof of English language proficiency at the B1 level is required, unless exempted.
Knowledge of Life in the UK:
- Applicants must pass the Life in the UK test, which assesses their knowledge of British culture, history, and traditions.
Absence from the UK:
- Generally, individuals must not have spent more than 180 days outside the UK in a 12-month period, with some exceptions for specific circumstances.
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Exemptions from ILR Application
Certain individuals may be exempt from applying for ILR separately, such as those eligible for automatic citizenship or specific dependents.
Routes to ILR
Various visa categories can lead to eligibility for ILR after meeting specific residency requirements. These include:
- Spouse Visa
- Work Visas (e.g., Skilled Worker Visa)
- Investor Visas
- Global Talent Visa
- Ancestry Visa
- Long Residence
English Language Test and Life in the UK Test
- English Language Test: Applicants must provide evidence of meeting the required English language proficiency, usually through an approved test.
- Life in the UK Test: Applicants must pass a test based on British culture, history, and traditions.
Absence from the UK
Applicants should generally not have spent more than 180 days outside the UK in a 12-month period, with exceptions for specific circumstances like work or medical reasons.
Application Process for ILR
- Completing the appropriate application form (Set O or Set M) and submitting it along with supporting documents.
- Biometric registration is required as part of the application process.
- Paying the required fees, which may vary depending on processing speed.
Processing Time and Fees
- The processing time for an ILR application is typically within six months.
- The current fee for ILR is £2,885, with additional charges for priority or super-priority processing.
Rights and Revocation of ILR
- ILR holders enjoy permanent residence rights, including the ability to work and access healthcare.
- ILR can be revoked in certain circumstances, such as deception or extended absences from the UK.
Appeals and Challenges
Applicants have options to challenge a refusal, such as administrative review or legal appeal, if they believe their application was unfairly rejected.
Path to British Citizenship
ILR is a significant step towards British citizenship, but individuals must apply separately for citizenship after living in the UK for a specified period under ILR.
EEA Citizens Settlement Scheme
EU, EEA, and Swiss citizens can apply for the EU Settlement Scheme instead of ILR to maintain their rights in the UK post-Brexit.
In summary, Indefinite Leave to Remain is a crucial milestone for individuals seeking to settle in the UK permanently, offering a pathway to British citizenship and providing various rights and privileges. At Solidaire Solicitors we can assist you in meeting specific eligibility criteria, submitting an application with supporting documents, and advice in undergoing tests and checks to ensure compliance with UK immigration laws.
Frequently Asked Questions
Main criteria include meeting residency requirements, demonstrating good character, English language proficiency, passing the Life in the UK test, and adhering to absence restrictions.
Certain individuals, such as those eligible for automatic citizenship or specific dependents, may be exempt from applying separately for ILR.
Various visas, including Spouse Visa, Work Visas, Investor Visas, Global Talent Visa, Ancestry Visa, and Long Residence, can lead to ILR after meeting specific residency requirements.
The process involves completing the appropriate application form, submitting supporting documents, undergoing biometric registration, and paying the required fees.
Typically, ILR applications are processed within six months, with options for priority or super-priority processing at additional fees.
ILR holders enjoy permanent residence rights, including the ability to work and access healthcare in the UK.
Yes, ILR can be revoked in certain circumstances, such as deception or extended absences from the UK.
Yes, ILR is a significant step towards British citizenship, but individuals must apply separately for citizenship after meeting specified residency criteria under ILR.
EU, EEA, and Swiss citizens can opt for the EU Settlement Scheme instead of ILR to maintain their rights in the UK post-Brexit.
No
For personalised assistance with your ILR application, including meeting eligibility criteria, submitting documentation, and navigating tests and checks, contact Solidaire Solicitors. Our experienced team can guide you through the process and ensure compliance with UK immigration laws.
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