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Indefinite Leave to Remain

The Indefinite Leave to Remain (ILR), also known as ‘Settlement’ is the final step before applying for citizenship. This visa allows you to stay in the UK and work or study for as long as you want without any immigration restrictions. You may also apply for benefits or access NHS under this visa and can even sponsor your partner & dependant(s) for their family visa applications.

Fill out our short enquiry form now, and our immigration lawyers will offer you a free 15-minute consultation.
Eligibility:

How you meet the standards for ILR depends on what route you are already on in the UK (your immigration status). The eligibility requirements could be different for each route that includes family, work etc. However, the common requirements amongst all are the following:

  • Having a good character standing
  • Knowledge of the English Language & Life in the UK test
  • Living continuously in the UK for the required qualifying period (subjective to different routes) excluding of exempted 180 travel days in any 12-month period, allowed under immigration rules.

Please see all requirements in detail below to fully understand the eligibility criteria. If you do not meet any of the requirements from below, you may also check for the exceptions mentioned therein, in case it is applicable to you.

Requirements

Following is the break-down of different requirements that are subject to your route (immigration status) from sections (A to H). Thereafter, section (I) discusses the common requirements. And then subsequently section (J & K) explains the documentary evidence you will need to provide and the exceptions that apply in certain cases.

a. Skilled Worker
Continuous residence of 5yr
  • You must complete the qualifying period of 5 years in the UK. You may count your time in the UK on another visa or a combination of more from the following only:
  • any Tier 1 visa, except Tier 1 (Graduate Entrepreneur)
  • Skilled Worker or Tier 2 (General)
  • Scale-up Worker
  • Minister of Religion (T2/Tier 2 both)
  • International Sportsperson, Sportsperson (T2/Tier 2 both)
  • Innovator Founder
  • Global Talent
  • Representative of an Overseas Business
Sponsorship
  • You must continue to being needed at your current job and you must have a valid Certificate of Sponsorship.
Finance
  • You must meet the salary requirement that is any of the below, whichever is the highest:
  • £25,600 per year
  • £10.10 per hour
  • Going rate for your Job (SOC)
Dependant(s)
  • You may include your partner and/or children in your application if they have completed their qualifying period with you. However, their eligibility relies on the following factors:
i. Your partner may qualify if all the following apply:
  • they have permission to be in the UK as your partner meaning as a ‘dependant’ on your visa, and that they have lived in the UK with you as your dependant for at least 5 continuous years
  • your relationship is genuine & you intend to keep living together
  • you have enough income to support yourselves and your dependants and that you are not using public funds
ii. You can include your child on your application if:
  • they have permission to be in the UK as your child meaning as a ‘dependant’ on your visa and that they are not married or in a civil partnership
  • they will live with you and be supported by you without using public funds
  • you and your child’s other parent are both currently applying to settle, or are already settled
iii. Your child can also apply to settle in one of the following situations:
  • you are the child’s sole surviving parent
  • you have sole responsibility for your child, or they normally live with you
  • there are serious or compelling reasons why they should be allowed to stay, for example you or your child has a serious illness
b. Innovator Founder
Continuous residence of 3yr
  • You must complete the qualifying period of 3 years in the UK. You cannot count your time in the UK on any other visa if you are applying through this route.
Endorsement (Finance)
  • You need to obtain a new endorsement to proceed with an ILR application, like you did for the first time you applied for Innovator Founder visa. However, this time the endorsement requirements are different. You must be able to show that you play an active and significant role in the daily management and growth of your business. The criteria to fulfill endorsement requirements are twofold:
i. You must have:
  • your business registered with Companies House, wherein you are either the director or a member
  • A business that is currently trading, and be able to continue for at least the next 12 months
ii. Your business must meet any 2 of the following:
  • Invested £50,000 into the business and used it for development.
  • Doubled the customer base in the last 3 years, surpassing the industry average.
  • Applied for intellectual property protection in the UK.
  • Generated £1 million in revenue in the last full financial year.
  • Alternatively, generated £500,000 in revenue, with £100,000 from exports.
  • Created 10 full-time jobs, each lasting at least 12 months.
  • Alternatively, created 5 full-time jobs with an average annual salary of £25,000, each lasting at least 12 months.
Dependant(s)
  • You may include your partner and/or children in your application if they have completed their qualifying period with you. However, their eligibility relies on the factors: As described above in section (A) i.e. Skilled worker.
c. Long Residence
Continuous residence of 10yr
  • You must complete the qualifying period of 10 years in the UK legally, meaning during this time you must have permission to stay ‘leave to remain’ in the UK.
  • However, you cannot count your time spent in the UK on the basis of following:
  • Standard Visitor visa or as a visitor without a visa
  • Short-term study visa
  • Seasonal Worker visa
  • on immigration bail, temporary admission or temporary release
  • in a prison, young offender institution or secure hospital
  • after your permission ran out (‘overstaying’) - this includes if you were given a grant of ‘exceptional assurance’ to stay in the UK because of COVID-19
  • You can also not count time spent in Ireland, the Isle of Man or Channel Islands.
  • And you are not considered to have continuous residence if any of the following is true for you before 11 April 2024:
  • More than 548 days of absence from the UK in total
  • More than 184 days of absence from the UK in any 12-month period
Finance
  • You must continue to meet the financial requirements of your current visa type.
Dependant(s)
  • You cannot include your partner and/or children in your application under this route, therefore they shall apply separately.
  • If they are not eligible to apply for ILR separately then they may apply for leave to remain on the basis of i) partner of a settled person (with an additional child in application) or ii) child of a settled person, after you are successfully granted an ILR.
  • The above is only for Children below 18, whereby Children above 18 may have to leave the UK.
d. Spouse/Partner on Family visa
The requirements differ on the basis of which (2/5/10 year) route you are on.
Continuous residence of 2/5/10yr
  • You must complete the qualifying period of either 2, 5 or 10 years, depending on the route you are on, in the UK. However, there are different rules for these routes respectively:
  • 2 or 5 year route: Your current visa must be based on this relationship, you cannot count time spent on any other visa or Fiancé visa.
  • 10 year route: You must only have at least 1 year of stay in the UK based on this relationship, cannot count time spent on Fiancé visa but you may count any other visa that leads to ILR like Skilled Worker etc.
Relationship
  • Genuine relationship & living together in relationship for the last 2 years and/or intend to do so after you apply.
Finance
  • 2 year route: You must have sufficient funds to maintain your household & child dependant(s) without accessing public funds.
  • 5 year route: You must continue to meet the financial requirements of your current visa type.
  • 10 year route: No financial requirements.
Dependant(s)
  • 2 or 5 year route: You may include your child dependant(s) in your application when you are applying as a partner.
  • 10 year route: You cannot include your child dependant(s) in your application hence they shall apply separately.
e. Spouse/Partner as a dependant on Work visa
Continuous residence of 5yr
  • You must complete the qualifying period of 5 years in the UK living with your partner as a dependant. You can apply along with them when they are applying for settlement or later after they are settled.
  • If your partner had work visa (like Skilled Worker, Scale-up Worker, or Global Talent etc.), you cannot have spent more than 180 days outside the UK in any 12-month period during your stay. However, if you were granted permission to stay in the UK before 11 January 2018, any time spent outside the UK before that date is exempted from this 180-day limit.

Meaning, if you had a visa before January 2018, absences before your visa extension will not count against you. This rule only applies to certain visa categories. For other visas, the number of days you spent outside the UK does not matter, as long as you are not on a visitor or short-term study visa.

Relationship
  • Genuine relationship & living together in relationship for last 2 years and/or intend to do so after you apply.
Finance
  • You must have sufficient funds to maintain your household & child dependant(s) without accessing public funds.
Dependant(s)
  • You may include your children in your application if they have completed their qualifying period with you. Or they may apply separately.
f. Parent on Family visa

The requirements differ on the basis of which (5/10 year) route you are on. First of all, you must note that if you are on 5 year route and have a settled partner in the UK, then you cannot apply for ILR as a parent if you are eligible as a partner.

Continuous residence of 5/10yr
  • You must complete the qualifying period of either 5 or 10 years, depending on the route you are on, in the UK. However, there are different rules for these routes respectively:
  • 5 year route: Your current visa must be based on this relationship (as a parent), cannot count time spent on any other visa or Fiancé visa.
  • 10 year route: You cannot count time spent on Fiancé visa but you may count any other visa that leads to ILR like Skilled Worker etc.
Relationship
  • 5 year route (child under 18): If your child lives with you then you must have sole parental responsibility, or shared responsibility if other parent is settled or British citizen. If they live with other parent or carer then they must be settled or British citizen and you must have access rights & shared responsibility.
  • 5 year route (child 18 or over): Your child must be under 18 when you first got your visa as a parent and they do not live an independent life (meaning still living with you, not married or had children).
  • 10 year route: No requirement for your child to be under 18.
Finance
  • 5 year route: You must have sufficient funds to maintain your household & child dependant(s) without accessing public funds.
  • 10 year route: No financial requirements.
Dependant(s)
  • 5 year route: You may include other child dependant(s) in your application when you are applying as a parent.
  • For child(ren) below 18, they must have permission to stay as a dependant on your visa, continue to live with you without accessing public funds, and not married or living an independent life.
  • For child(ren) 18 or above, they must have had permission to stay as a dependant on your visa before turning 18, and not living an independent life.
  • 10 year route: You cannot include your child dependant(s) in your application hence they shall apply separately.
g. Child on Family visa

For child dependant(s) there is no such continuous residence requirement, and you may apply when your parent/relative is either settled or applying for it, or a British citizen, and you have had permission to stay as their dependant. Moreover, you may still be able to apply:

If you are under 18 and either
  • You were born in the UK before your parent settled here (you can have any or no visa) -if you were born after your parent settlement then you may be a British citizen already or you can apply for it directly without needing an ILR; or
  • You have been a dependant on your relative’s visa that must be either refugee status or humanitarian protection; or
  • Your parent is applying for ILR on 10 year route whereby you must apply separately as they cannot include any dependant in application.
If You are 18 or over and
  • You must have been a dependant on your parent/relative visa before turning 18; and
  • Your parent/relative are now settled and have had family visa, refugee status or humanitarian protection; and
  • You are living with them and not married or living an independent life
Relationship (parent)

Parent could be either biological, adoptive or step-parent -in case where biological has deceased. The rule for living with both your parents or single parent is further divided:

  • If you live in the UK with 2 parents then they both must be settled
  • If you live with a single parent, they must be settled and have sole parental responsibility, unless your other parent has deceased or you meet the grounds for serious or compelling reasons of why your leave should be granted.
Relationship (relative)

If you are living in the UK with someone who is not your parent, you must satisfy the grounds for serious or compelling reasons of why your leave should be granted.

Finance
  • Your parent/relative must have sufficient funds to maintain you without accessing public funds.
h. Child on Work visa

For child dependant(s) there is no such continuous residence requirement, and you may apply when your parent/relative is either settled or applying for it, or a British citizen, and you have had permission to stay as a dependant on work visa. Moreover, you may still be able to apply:

If you are under 18 and either
  • You were born in the UK before your parent settled here (you can have any or no visa) -if you were born after your parent settlement then you may be a British citizen already or you can apply for it directly without needing an ILR; or
If You are 18 or over and
  • You must have been a dependant on your parent/relative work visa before turning 18; and
  • You are living with them and not married or living an independent life
Parent Work visa

Your parent/relative must have had any of the following work visas before settlement:

  • Skilled Worker or Tier 2 (General)
  • Scale-up Worker
  • International Sportsperson, Sportsperson (T2/Tier 2)
  • Minister of Religion (T2/Tier 2)
  • Tier 1 (Exceptional Talent)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • UK Ancestry
  • Global Talent
  • Representative of an Overseas Business
  • Domestic Worker in a Private Household, if they came to the UK before 6 April 2012
Relationship (parent)

Parent could be either biological, adoptive or step-parent -in case where biological has deceased. The rule for living with both your parents or single parent is further divided:

  • If you live in the UK with 2 parents then they both must be settled
  • If you live with a single parent, they must be settled and have sole parental responsibility, unless your other parent has deceased or you meet the grounds for serious or compelling reasons of why your leave should be granted.
Relationship (relative)

If you are living in the UK with someone who is not your parent, you must satisfy the grounds for serious or compelling reasons of why your leave should be granted.

Finance

Your parent/relative must have sufficient funds to maintain you without accessing public funds.

i. Common requirements for all routes (including all of the above)
Accommodation
  • You must prove you have a suitable accommodation where you will be adequately maintained, and it meets any public health standards.
Knowledge of the language & life (KOLL) in the UK test
  • You must meet the English language requirement if you have not already proved this in your previous application. You can meet this by either:
  • Taking an approved English language test such as IELTS (varies depending upon route & your location -please confirm with us) where you need to score at least CEFR level A1 (if you are applying for the first time) and at least CEFR level A2 (when applying for an extension – showing you have improved your English language skills),
  • Or if you have an academic qualification or degree taught/researched in English. If this is from outside the UK then you will also need an Ecctis certificate whereby it depends on your location of qualification if whether you need a Statement of comparability or Visa and nationality service
  • You must also pass the Life in The UK test. You can know the details of test & book for yourself here.
j. Documents
  • Continuous residence: Council tax bills, utility bills or bank statements addressed to your residence for the qualifying period advocating your stay in the UK for that corresponding period. You can also provide your tenancy agreements or mortgage statement for the corresponding period.
  • Relationship (partner/parent): Marriage certificate or Civil Partnership certificate, personal statements of you & your partner, shared address & bills to that same address, bank statements confirming same address/ joint bank accounts, photographs together, communication proofs, divorce certificate from any previous marriages and optionally any other document that comes from government, doctor, or any professional attesting to your relationship. Additionally, Witness Statement from friends and family that support your relationship. Proof of cohabitation and shared finances between you & your partner if any.
  • Relationship (child/parent): Personal statement of your parent & other relative if possible, address & bills to the address, bank statements confirming same address or bank accounts, photographs together, communication proofs, custody or guardianship certificate from any government institute or court if sole parental responsibility and optionally any other document that comes from government, doctor, or any professional attesting to the parental responsibility. Marriage certificate or Civil Partnership certificate of your parent (if applicable). Additionally, Witness Statement from friends and family that support the child’s stay in the UK. Proof of cohabitation and any other supporting documents you may have.
  • Finance: Employment letter, pay slips, bank statements, dividend proofs, receipts, P60/P45 etc. (depends on different categories of employment). Companies House registration certificate & other relevant documents for Innovator founder.
    Savings: Signed declaration of the source.
  • Accommodation: Title Registry, tenancy agreement and letter from landlord for no objection, council tax bill etc.
  • KOLL: Unique reference number, and/or the screenshot, of your life in the UK test result.
  • Mandatory documents: This includes all the conventional documents for identity & travel like passport, all the BRPs you may have hold & passport sized colour photos of the Applicant etc.
k. Exceptions
  • If you are a Skilled worker you may not meet the minimum salary requirement if you work in healthcare, education or a job that is listed on shortage occupations or under some circumstances having a salary of at least £20,480 per year, wherein you are paid not less than £10.10 per hour.
  • If you are a Skilled worker you do not need to meet the English language requirement since that is already proved in your type of visa.
  • If you are from a majority English speaking country, then you may not need to meet the English language requirement.
  • If you are below 18, 65 or over then you do not need to pass the Life in The UK test or meet the English language requirement.
  • If your partner died, and they were either a British citizen, Settled or an EU citizen with pre-settled status in the UK, then you may not meet the continuous residence requirement and apply for ILR immediately.
  • If your relationship ended due to Domestic Violence or Abuse (psychological, physical, sexual or financial), then you may not meet the continuous residence requirement and apply for ILR immediately. You can apply for this from inside/outside the UK and under some circumstances you may not be required to pay the application fee.
Application Timeline, Fees & Intricacies

Following is the Home Office fees & expected time for Indefinite leave to remain application decision:

  • £2,885 (6 months)
    Same for additional family members
Intricacies
  • You can apply 28 days before you become eligible for ILR and not sooner.
  • If your current visa expires before you are eligible (more than 28 days) then you must renew your visa first.
  • You must not travel outside of the UK, Ireland, Channel Islands or Isle of Man until you get a decision or else your application can be withdrawn.
  • After getting ILR you must not stay outside the UK for more than 2 continuous years or else you will lose your ILR status.
Immigration Health Surcharge

You no longer need to pay any IHS fee for this application since it is for settlement purpose in the UK, and you can access UK healthcare after successful grant of your ILR for free.

Urgent procedure

If you wish to skip the queue and get a faster decision from the Home Office, you can also choose from the following services:

  • Priority service, an extra £500 (5 working days)
  • Super priority service, an extra £1000 (Next working day after appointment).
Same for additional family members.

*The timeline & fees abovementioned does not include or specify our processing time for your application and legal services fee at any point, and it shall be conveyed to you after consultation.

Please note:

A decision may take longer if the Home Office needs to request additional information from you or verify your details with other government departments. You will be informed if this occurs.

In the event of a delayed decision, you will typically not receive a refund. However, you can inquire about obtaining a refund for your priority service fee.
Start your Application

Take the first step towards your Settlement in the UK by starting your application with us. We understand that Indefinite leave to remain application requirements are complex, meaning it requires proper documentation, letters as well as strong legal representations to support the application. Therefore, we highly recommend you leave that to experts and relax! Our expert lawyers will guide you through the process, ensuring all documents are checked and the necessary evidence is provided to UKVI while addressing any potential issues.

Reach out to us at info@visamerch.com or fill out our short form for a prompt response and a free 15-minute consultation with our appointed immigration lawyer!

Source: Gov.uk
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