If you are granted Indefinite Leave to Remain (ILR) in the UK, you will have the right to stay in the country to live, work and study as well as the ability to leave and return without the need for a visa. In addition, you will be able to apply for benefits if you are eligible for them. ILR can also be a route to British citizenship. We answer the question, when can you apply for Indefinite Leave to Remain? and look at the eligibility criteria.
At Halliday Reeves, we deal solely with immigration, meaning we have an exceptional depth of knowledge in this complex area of law. We have helped many clients secure Indefinite Leave to Remain, allowing them to settle in the UK for as long as they wish.
As well as having extensive legal expertise in dealing with ILR applications, we are also known for the high level of personal service that we provide. If you ask us to secure ILR for you, we will make sure we have a full understanding of your situation and identify the key documents that will provide evidence of your eligibility. We will make sure that we are available to answer your questions as needed and will keep you updated as to progress.
If you believe you are eligible for Indefinite Leave to Remain in the UK and you would like help with your application, we would be happy to hear from you. Please call us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
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When can I apply for Indefinite Leave to Remain?
To be eligible for ILR, you will need to have been in the UK under a valid visa for a set period of time. This is usually either five years or ten years, although in some circumstances, you may be able to apply in just two or three years.
You need to satisfy the Home Office that the following apply:
- You have lived in the UK continuously for the necessary period of time, with no more than 180 days spent outside of the UK in any one year
- You are of good character
You will also need evidence that you have the required standard of English and you will need to pass the ‘Life in the UK’ test.
Your application for ILR can be submitted up to 28 days before the end of your qualifying period of residence, for example, 28 days before you have been in the UK for five years if this is the route you are following.
The Five-Year Route To Indefinite Leave To Remain
Many UK visas and work visas allow you to apply for ILR after five years in the UK. These include:
- Skilled worker visa
- Minister of religion visa
- International sportsperson visa
- Family visa
- Spouse visa
- Ancestry visa
If you have switched to one of the above visas from a different visa, the five years may only start from the time you switched, although this is not always the case. For example, time spent on an intra-company transfer visa cannot be counted towards the five-year qualification period. If you ring to speak to one of our ILR experts, we can advise you what the situation is in your case.
The Ten-Year Route To Indefinite Leave To Remain
If you have been in the UK for ten years or more, you may be able to apply for ILR under the long residence route. Provided your visa or visas were valid throughout, it does not matter what type of visa you hold.
Eligibility For Indefinite Leave To Remain In Less Than Five Years
In certain circumstances, you may be able to apply for ILR after only two or three years. If you have a Tier 1 visa, you may be eligible after two or three years, depending on the amount of money you control and how much you have invested in the UK.
If you have an innovator visa or a global talent visa, you may be able to apply for ILR after three years, depending on your input into the UK. We can advise you of the details of the criteria and work with you to establish both whether you meet the criteria and the best documents to include with your application to prove this.
If you are in the UK as the spouse or partner of a British citizen or someone who is settled in the UK, you can apply for ILR if they die or if your relationship has broken down because of domestic abuse without needing to wait for five years. You should apply as soon as possible and not wait until your visa expires.
Contact our Indefinite Leave to Remain Solicitors
If you would like to apply for Indefinite Leave to Remain, we would be happy to hear from you. We can prepare your application on your behalf, ensuring it is as strong as possible and that the right paperwork is included in support.
We have offices in Gateshead, Middlesbrough, Wakefield and Nottingham. To speak to one of our expert indefinite leave to remain lawyers, ring us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
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