What is Indefinite Leave to Remain (‘ILR’)?
Indefinite Leave to Remain (‘ILR’) is a status granted to individuals who meet the eligibility criteria. Being granted with ILR status in the UK will permit the person to live and work in the UK without restrictions. As the name suggests, there is no time limit for the leave in the UK.
Being granted with ILR status will allow the person to be eligible to make an application for Naturalisation (subject to meeting the specific eligibility criteria).
When can I apply for ILR?
You and your dependent(s) applying with you can make an application ILR within 28 days before completing the qualifying period. If you apply earlier than this the application may be refused.
The qualifying period will depend on the category of your previous leave in the UK. In the majority of visa categories, the qualifying period is 5 years.
The period will begin either from the date you entered the UK with a visa in the relevant category or the date you were first granted permission to remain in the UK in the relevant category.
When can I apply for ILR as a Spouse?
If you are in the UK as a spouse of a settled person (i.e. a British citizen or someone with permanent residence status), and you meet the financial requirements, you can apply for ILR after 5 years.
However, if you do not meet financial requirements, you will be eligible to apply for ILR after 10 years of continuous stay in the UK.
At the moment, the threshold to meet the financial requirement is that your settled spouse should be earning at least £18,600. Please note that this financial threshold increases as the number of dependents in your application increases.
For a detailed assessment of making an ILR application, contact our office and meet with an expert immigration lawyer.
For postal applications, the timeframe for a decision is between 3 – 6 months.
There is an option to make an appointment for a same-day decision in some specific instances.
What are the fee’s for ILR application? How much the application for ILR cost?
The cost of immigration applications are amended on a regular basis. The Home Office fee’s were recently amended the application fee’s this year. At present, the application fee for indefinite leave to remain when applying from inside the UK is £2,389. The fee is higher for applications with dependents and increases with the more dependents included in the application.
If you are making an application for settlement as a dependent relative, the current fee is £3,250, and again is more depending on number of dependents included in the application.
What happens if my application for ILR is refused?
You may be able to send a new application. You will not be refunded for this application. Therefore due care should be taken to ensure the application form is completed correctly and that you meet the eligibility and suitability criteria.
Before making another application, you should identify the reasons that your application was refused and understand if these are matters that can be corrected in your future applications.
For example, you may meet the criteria for ILR, but did not provided adequate documentary evidence, in which case you should ensure that for the next application the correct documents are provided. Another example is that you may have completed an incorrect section of the application form. In this case you should ensure that only the appropriate sections which apply to you should be completed and should be completed correctly.
Can I travel outside of the UK with ILR?
Once you are granted ILR, you are issued with a Biometric Residence Permit (BRP), which is a card that confirms your status in the UK. You should travel with this BRP and your national passport together.
How long is Indefinite Leave to Remain valid for?
A migrant who is granted indefinite leave to remain status in the UK will hold this status indefinitely, without a specified time limit. If you are granted with indefinite leave to remain in the UK, you will be provided with a Biometric Residence Permit (‘BRP’) which confirms your status.
This card has an expiry date of 10 years and this can leave many people confused about limitation of their ILR status. The date on the BRP card is only regarding the expiration of the card itself and not regarding your ILR status. This means the card will need to be renewed after 10 years. It is similar to the expiry date on a passport; the passport will need to be renewed but the actual citizenship status remains the same.
How long after ILR can I apply for naturalisation/ British Citizenship?
If you are a applying as a spouse or a settled person, you can apply for naturalisation immediately after receiving ILR status. Otherwise, you will be eligible to apply for naturalisation after 12 months of holding ILR status.
How many days can I spend outside the UK with ILR status?
As a holder of ILR, you should not spend more than 2 years outside of the UK. If you more than 2 years outside of the UK, you will lose your ILR status.
If you would like to apply for British citizenship after being granted ILR, than you should not be absent from the UK for more than 270 days in the qualifying period AN should not be absent from the UK for more than 90 days in the immediate 12 months before the naturalisation application.
Can ILR status be revoked?
There are some circumstances where your ILR status can be revoked. The reasons for revoking ILR status includes:
- For reasons of national security- for example you have committed a serious criminal offence that leads to your deportation.
- If you leave the UK for a period of 2 years or more. In this situation, you may be allowed to reapply.
- The Home Office may revoke your ILR if there is reason to believe that you do not intend to reside in the UK.
For further information, please contact our experts:
T: 020 8935 5205
SPONSOR LICENCE FULL GUIDANCE 2021
Assistance with a sponsor licence At MASTER LEGAL SERVICES we have vast experience in dealing with sponsor licence...
IMMIGRATION RULES UPDATE – UK VISA GUIDANCE IN 2021
Since January 2021 all nationals planning to come to the UK should meet the requirements of newly-introduced...
Skilled workers and new points-based simplified system starting from January 2021
Brexit has generated new rules and requirements not only for Europeans planning to come to the UK in 2021, but also...