Indefinite Leave to Remain

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  1. What is Indefinite Leave to Remain (ILR)?
  2. Is ILR the same as British Citizenship?
  3. Can ILR expire?
  4. Is ILR the same as Settled Status under the EU Settlement Scheme?
  5. How long do I need to live in the UK to be eligible for ILR?
  6. What are the continuous residence requirements for ILR?
  7. Do I need to meet an English language requirement for ILR?
  8. Do I need to pass the Life in the UK test for ILR?
  9. Are there any salary requirements for ILR?
  10. Can dependants apply for ILR at the same time as the main applicant?
  11. I am on a Student visa. Can the time spent on this visa count towards ILR?
  12. What if I have spent more than 180 days outside the UK in a 12-month period?
  13. When can I apply for ILR?
  14. How do I apply for ILR?
  15. What documents do I need to submit with my ILR application?
  16. How long does the ILR application process take?
  17. Can I travel outside the UK while my ILR application is being processed?
  18. How much does it cost to apply for ILR?
  19. What happens after my ILR is granted?
  20. Can my ILR be revoked?
  21. What if my Biometric Residence Permit (BRP) expires after I get ILR?
  22. I have a criminal record. Can I still apply for ILR?
  23. What if I have overstayed my previous visa?
  24. What is the "180-day rule" in relation to ILR?
  25. I am married to a British citizen. Does this affect my ILR application?
  26. What happens to my dependants' visas if my ILR application is refused?
  27. What are the most common mistakes to avoid when applying for ILR?
  28. Will the new immigration rules announced in May 2025 affect my ILR application?
  29. If my ILR application is successful, can I apply for public funds (benefits)?
  30. Where Can I get help with my ILR application?

What is Indefinite Leave to Remain (ILR)?

ILR, also known as settlement, grants you the permanent right to live, work, and study in the UK without any time restrictions. It’s a significant step towards potentially becoming a British citizen.

Is ILR the same as British Citizenship?

No, ILR is not the same as citizenship. ILR gives you permanent residency, while British citizenship makes you a UK national with rights like voting and holding a British passport. You can usually apply for citizenship after holding ILR for a specific period.

Can ILR expire?

Your ILR status itself doesn’t expire. However, it can lapse if you stay outside the UK for more than two consecutive years. You would then need to apply for a Returning Resident visa to come back.

Is ILR the same as Settled Status under the EU Settlement Scheme?

While both grant permanent residence, they are different. Settled Status was for EU, EEA, and Swiss citizens and their family members under the EU Settlement Scheme, which had different requirements than ILR for non-EEA nationals.

How long do I need to live in the UK to be eligible for ILR?

Generally, you need to have lived legally in the UK for a continuous period of 5 years under most work-related visas. However, this period can vary depending on your visa type (e.g., it might be shorter for Global Talent or Innovator Founder visas, or longer under the 10-year long residence route, which is set to increase to 10 years for most routes under the new immigration rules).

What are the continuous residence requirements for ILR?

You must have lived in the UK lawfully for the required period and not have spent more than 180 days outside the UK in any 12-month period. These absences are closely tracked by UK Visas and Immigration (UKVI).

Do I need to meet an English language requirement for ILR?

Yes, in most cases, you need to prove your English language ability at level B1 of the Common European Framework of Reference for Languages (CEFR). This is usually done through an approved Secure English Language Test (SELT).

Do I need to pass the Life in the UK test for ILR?

Yes, most applicants aged 18 to 64 are required to pass the Life in the UK test, which assesses your knowledge of British history, culture, and values.

Get the best Immigration advice on successfully getting your indefinite Leave to Remain

Applying for Indefinite Leave to Remain is a significant step, and going through the UK immigration system can be challenging. At Morgan Smith Immigration, our experienced team of immigration specialists is dedicated to providing you with expert guidance and support throughout the entire ILR process. We understand the latest rules and regulations, including the proposed changes outlined in the May 2025 white paper, and we are here to ensure your application has the highest chance of success.

Are there any salary requirements for ILR?

Yes, if you are applying for ILR based on a Skilled Worker visa (previously Tier 2), you generally need to meet a minimum salary threshold, which is subject to change and may depend on your occupation. You cannot combine your income with your spouse’s to meet this requirement.

Can dependants apply for ILR at the same time as the main applicant?

Yes, dependants (spouses, partners, and children) can usually apply for ILR at the same time as the main applicant, provided they also meet the relevant residence and other requirements, including passing the Life in the UK and English language tests if they are over 18.

I am on a Student visa. Can the time spent on this visa count towards ILR?

Generally, time spent on a Student visa does not directly count towards the standard 5-year route to ILR. You would usually need to switch to an eligible visa category (like a Skilled Worker visa) and accrue the required residence under that new category. However, long residence (10 years) can include time spent on a Student visa.

What if I have spent more than 180 days outside the UK in a 12-month period?

Exceeding the permitted absences can negatively impact your ILR application. UKVI will assess the reasons for your absences, but generally, you need to adhere to the rules regarding time spent outside the UK.

When can I apply for ILR?

You can usually apply up to 28 days before you meet the qualifying residence period. Applying earlier than this may lead to your application being refused

How do I apply for ILR?

Morgan Smith Immigration can help you apply for ILR whether it is under the 5 year route or the 10 years route.

What documents do I need to submit with my ILR application?

Common documents include your valid passport(s), Biometric Residence Permit (BRP), proof of residence in the UK (e.g., payslips, bank statements), Life in the UK test certificate, English language test certificate (if required), and other documents specific to your visa category. Although a tailored list of documents will be provided by our Lawyers once you start the application process.

How long does the ILR application process take?

The standard processing time can be up to 6 months. However, you can often pay an extra fee for a priority or super priority service to get a faster decision (within 5 working days or by the end of the next working day, respectively).

Can I travel outside the UK while my ILR application is being processed?

It is generally advised not to travel outside the UK while your application is pending, as it could be withdrawn. If you urgently need to travel, you should contact UKVI for advice.

How much does it cost to apply for ILR?

The fee for applying for ILR is significant and subject to change. You should check the latest fee by clicking here. There may be additional costs for biometric enrolment and optional priority services.

Your Journey to Permanent Residence Starts Here with Morgan Smith Immigration.

Gaining Indefinite Leave to Remain opens up a world of opportunities in the UK. However, the application process demands meticulous attention to detail and a thorough understanding of the ever-evolving immigration laws. Morgan Smith Immigration is committed to providing clear, reliable, and up-to-date advice to individuals seeking to settle in the UK. We pride ourselves on our client-focused approach, ensuring that you receive personalized support and expert representation at every stage.

What happens after my ILR is granted?

Once your ILR is granted, you will receive an eVisa (digital proof of your immigration status). You will have the right to live, work, and study in the UK without time restrictions and access public funds if eligible. You can also apply for British citizenship after meeting the required period.

Can my ILR be revoked?

Yes, your ILR can be revoked in certain circumstances, such as if you are deported, obtained it through deception, or stay outside the UK for more than two years.

What if my Biometric Residence Permit (BRP) expires after I get ILR?

While your ILR status doesn’t expire, your BRP does. You will likely need to replace your BRP when it expires to have valid proof of your ILR status. Look into E-visa changes in the UK

I have a criminal record. Can I still apply for ILR?

Having a criminal record can affect your ILR application, as you need to meet the good character requirement. UKVI will consider the nature and seriousness of any offences

What if I have overstayed my previous visa?

Overstaying your visa can negatively impact your ILR application. UKVI will consider the reasons for and duration of any overstaying.

What is the “180-day rule” in relation to ILR?

The 180-day rule refers to the requirement that you should not have spent more than 180 days outside the UK in any 12-month period during your qualifying residence for ILR.

I am married to a British citizen. Does this affect my ILR application?

If you are married to a British citizen, the general ILR requirements still apply based on your visa route. However, it can affect the timeline for applying for British citizenship after you obtain ILR (you may be able to apply sooner).

What happens to my dependants’ visas if my ILR application is refused?

If your ILR application is refused, your dependants’ visas, which are usually linked to yours, may also be affected.

What are the most common mistakes to avoid when applying for ILR?

Common mistakes include applying too early, providing incomplete or incorrect documents, failing the Life in the UK or English language tests, and exceeding the permitted absences from the UK.

Will the new immigration rules announced in May 2025 affect my ILR application?

The recent immigration white paper proposes significant changes, including a potential increase in the qualifying period for ILR for most work routes from 5 to 10 years. It’s essential to stay updated on the implementation timeline of these new rules as they could impact future ILR applications. Other proposed changes include increased English language requirements at the settlement stage.

If my ILR application is successful, can I apply for public funds (benefits)?

Generally, once you have ILR, you have the right to apply for public funds if you meet the eligibility criteria, similar to British citizens. However, there can be exceptions depending on how you obtained your ILR.

Where Can I get help with my ILR application?

Morgan Smith Immigration Lawyers provides comprehensive and professional assistance for your Indefinite Leave to Remain (ILR) application. Our experienced team offers expert guidance through every stage of the process, including thorough eligibility assessments, detailed documentation advice, meticulous application preparation, and robust legal representation. We leverage our in-depth understanding of UK immigration law and our commitment to precision to maximize the likelihood of a successful outcome for our clients

How can Morgan Smith Immigration Help?

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