UK Visa & Immigration Hub

What is indefinite leave to remain?

Indefinite leave to remain (ILR) is also known as a permanent residence and grants you the right to live, work, and study in the UK without a visa expiration date. It is an essential step to take for many seeking British citizenship.

In order to be eligible for ILR status, you must have lived in the UK for a minimum of five years. However, in some circumstances, you may be able to apply after only two or three years of residence.

There are various types of immigration visa that can make ILR possible, including skilled worker, innovator and spouse visas.

It is also possible for some individuals to be granted settled UK status without applying for ILR, including those who are eligible for citizenship by descent, child dependents of someone with settled status or a British citizen, refugees resettling through the Gateway Protection Programme and adult dependants who rely on long-term care provided by a British citizen family member or one with settled status.

Here at the UK Visa & Immigration Hub, we provide full and comprehensive legal services, advice and support for anyone looking for guidance relating to immigration law, ILR and Home Office visa applications. To find out more about how we can help, get in touch with the team today.

Types of leave to remain

Limited Leave to Remain

Limited to leave remain enables UK visa holders to remain in the country until their visa expires. You will need to ensure that all visa conditions are met for the duration of your stay, such as having valid sponsorship certificates and no recourse to public funds.

You will need to leave the country once your visa period expires or make an additional application to retain lawful status, potentially applying for a visa extension, further leave to remain or ILR.

Under limited leave to remain, you may find that other conditions are imposed, such as those restricting employment or study.

How to Apply for Limited leave to Remain

Typically, you can apply for limited leave to remain online, although the process can depend on whether you’re applying from overseas or inside the UK. If it’s the latter, you will likely have to visit a UK Visa & Citizenship Application centre for an interview so that facts can be verified and documentation checked.

Indefinite Leave to Remain

It’s possible for visa holders to eventually achieve settled status in the UK, allowing them to stay here permanently, which is known as indefinite leave to remain.

Once you have ILR, you won’t be subject to immigration restrictions and will be able to leave and enter the UK as you would like. ILR does not expire, unless you have been absent from the UK for more than two years.

ILR status means that you may also be eligible for tax credits, welfare benefits and other such entitlements. However, you will not be eligible for this if ILR was granted on the basis that another person agreed to support and accommodate you. In this instance, you would be excluded from certain entitlements for five years.

If you hold ILR for a specified amount of time, you may also be eligible to apply for British citizenship.

How to Apply for Indefinite Leave to Remain

Note that not all visas offer a route to ILR. Qualifying visas include skilled worker visas, family visas, and ancestry visas. You can also qualify for ILR through the long residence route where you’ve had at least ten years of continuous residence in the country.

ILR is never automatically granted and you will need to meet strict eligibility criteria as part of a formal Home Office application process, where relevant forms are completed and supporting documentation submitted. If you’d like to find out more, get in touch with the UK Visa & Immigration Hub team today.

Further Leave to Remain

Another option for those that are eligible is further leave to remain, where you can apply to prolong your stay by extending your current visa.

How to Apply for Further Leave to Remain

To apply for further leave to remain, it is advisable to do so before your existing visa expires. It is illegal to overstay and remain in the country beyond the period permitted by your visa.

How can the UK Visa & Immigration Hub help?

Navigating the path to Indefinite Leave to Remain (ILR) in the UK can be intricate, with specific eligibility criteria and documentation requirements that must be met. Success in obtaining ILR depends on your personal circumstances and your ability to demonstrate continuous lawful residence in the UK.

Given the complexity, it is highly recommended to seek professional advice from experienced immigration advisers. The team at the UK Visa & Immigration Hub is here to assist you every step of the way. We provide comprehensive support, from assessing your eligibility and ensuring you meet the residency requirements to guiding you through the application process with the Home Office. Our expertise ensures that all necessary documentation is accurately prepared and submitted, enhancing your chances of a successful outcome.

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