Indefinite Leave to Remain (ILR)

For most visa applicants, Indefinite Leave to Remain (ILR) is their last hurdle in their UK Settlement Visa process. After the Indefinite Leave to Remain is received there will be no further need to apply for extensions of stays (FLR) or any further visa applications. The applicant will also become eligible for UK citizenship and eventually a British Passport.Indefinite Leave To RemainImmigration policy in the UK is being reviewed constantly and new tighter controls are being implemented on a regular basis and many ILR applicants are concerned that their ILR application could be rejected. We hope with this brief outline of Indefinite Leave to Remain we may be able to give some insight and understanding of the subject before an application is submitted.

A Brief Summary of ILR

Indefinite Leave to Remain is commonly referred to as Settlement. In other words it is permanent resident status of the UK. It allows the holder to reside and take up employment within the UK for an indefinite amount of time. Acquiring ILR and permanent resident status in the UK is needed before an applicant can apply for UK Citizenship. It also is a move closer to being able to receive a UK passport.

Eligibility –  Leave To Remain In The UK

The requirements are that only applicants who have already been in the UK for a certain amount of time and within a visa category which leads to settlement, can ask for indefinite leave to remain. This includes Spouse, Partner and Child Settlement visas. The applicants would have have normally already received FLR along their visa 5 year Settlement Visa journey.

Indefinite Leave to Remain Specific Requirements

A brief outline of the most common requirements for Indefinite Leave to Remain applications which lead to Permanent Residency are as follows:

The calculation of your continued your residency in the UK.

The successful completion of the Life in the UK test (KOLL Test).

A CEFR English Language test pass to level B1.

Sponsor/Partner meeting the Current Financial requirements.

Proof of subsisting relationship with Spouse or Partner.

A correctly completed application form and supporting documentary evidence.

The application form can be seen as complex and also the required documents that need submitted with the application must be met without negotiation. In short any application for ILR must meet the UKVI’s current guidelines at the time of submission, be complete and submitted in a timely manner

Processing Times

Applicants can only apply 28 days prior to the ending of the Further Leave to Remain date which is indicated on the applicants BRP card issued with their previous FLR application. Applicants can apply in two ways. First by post which can take up to six months to be processed, or applicants can book a personal appointment at a UKVI service center for an additional charge for a decision on the day.

Useful Links

More reading – extension of stay in the UK

Indefinite leave to remain Guidance Notes

ILR Application Form

Life in the UK Test (KOLL)

CEFR English Language Requirement