JMW Solicitors does not offer services related to finding employment in the UK. If you are looking to speak to a solicitor about any legal matters concerning an immigration application, contact us today.
Apply for Indefinite Leave to Remain
The UK immigration rules allow various categories of migrant nationals to settle in the UK, which is known as indefinite leave to remain (ILR). If you're looking to make an ILR application, JMW's team of expert immigration solicitors can provide you with the help and advice you need. We have helped many individuals secure UK settlement and navigate immigration restrictions.
Before ILR can be granted, a migrant has to satisfy various requirements, including sufficient knowledge of English/Welsh/Scottish Gaelic and of life in the UK. We have extensive knowledge of what's required to make a successful application and keep up to date with all the latest developments regarding immigration law.
To speak to a solicitor about settling in the UK by making an indefinite leave to remain application, get in touch with JMW Solicitors by calling 0345 872 6666, or by filling in our online enquiry form to arrange for a member of the immigration team to get back to you.
How JMW Can Help
Our solicitors will help you to assess if you are eligible to apply for indefinite leave to remain and whether or not you are likely to be successful. Following an initial consultation, we will advise you on the steps you need to take to make an application, including the documents required as evidence.
We will thoroughly review your documents to ensure your application for permanent residence in the UK is successful. Once complete, we will write legal representations to the Home Office to ensure your application is properly considered. We can then submit it, doing the hard work for you.
The team is proud of its extremely high success rate.
What is Indefinite Leave to Remain?
Indefinite leave to remain (ILR) is a form of settlement available to migrant nationals, which enables a person to live in the UK without any restrictions.
Typically, you must have spent at least five years in the UK before you can apply for ILR. However, in certain circumstances, an application can be made after three years of residence.
What are the Requirements for Indefinite Leave to Remain?
There are a number of requirements to apply for ILR, which depend on your individual circumstances, such as the type of visa you hold. A basic requirement for all ILR applications is that you have been lawfully living in the UK for a certain period of time.
To become eligible to apply for settlement in the UK, you must meet the following requirements:
- Be lawfully living in the UK for a certain period of time
- Have had no breach of immigration laws during your stay in the UK
- Have had no criminal offences committed during your stay in the UK
- Have spent a period of time outside the UK that didn't exceed 180 days in a 12-month period during the qualifying period
- A pass in the Life in the UK test, which is based on British culture, history and traditions
- An understanding of English/Welsh/Scottish Gaelic to an acceptable level
Certain individuals will not need to apply for ILR to be granted settled status, including:
- Those eligible for British citizenship by descent
- Child dependants of British citizens or a person with settled status
- An adult dependant who is reliant on the long-term care of a family member
- Refugees resettled in the UK through the Gateway Protection Program
Who Can Make an Application for Settlement in the UK?
Applications for settlement in the UK can be made by the following categories:
Employed in the UK for the past five years
Settlement can be granted for those who have been living under one or more of the following categories for the past five years:
- Skilled workers
- Sportspeople
- Ministers of religion
In all cases of settlement related to employment, applicants should not have been absent from the UK for more than 180 days during any 12-month period.
Investors and entrepreneurs can benefit from an accelerated route to settlement if certain conditions have been met, such as the size of the investment made, which is as follows:
- £10 million investment - two years to settlement
- £5 million investment - three years to settlement
- £2 million investment - five years to settlement
The associated visa categories no longer exist, but those who already have these visas will continue to qualify for ILR.
Innovators
If you have been granted leave as an innovator, you may be able to settle in the UK after three years if you meet certain milestones for your business.
Global talent migrants
If you have been granted leave as a global talent, you would be able to settle in the UK once you have been in the country for:
- Three years with an exceptional talent visa
- Three years with an exceptional talent endorsement in science
- Three years with an endorsement under the UKRI-endorsed funder scheme
- Five years with exceptional promise in either arts and culture or digital technology
Long-time residents in the UK
Applicants who have been long-time residents in the UK must be able to show evidence of 10 years of continuous and lawful residence in order to qualify for settlement. They must also have held their current visa for at least 12 months, and not have been absent from the UK for any single period exceeding 184 days, or 548 days in total.
Spouse or unmarried partners of a person present and settled in the UK
You can qualify for ILR as the spouse, civil partner or unmarried partner of a British citizen or someone who is settled in the UK, following the completion of the initial five-year probationary period.
Family members of a settled resident
Specific relatives who are dependent on a settled person currently living in the UK can make indefinite leave to remain applications. These include:
- Children aged under 18 years old
- An adopted child aged under 18 years old
- A parent, grandparent or another dependent relative aged 18 or over
Settlement applications can also be made for people under the following categories:
- UK ancestry
- Victims of domestic violence
- Bereaved parents
- Nationals of Turkey, Romania or Bulgaria established in business on the basis of the European Community (EC) Association Agreement
- Persons granted exceptional leave to remain, discretionary leave or humanitarian protection
FAQS About Indefinite Leave to Remain
- What supporting documents do I need to include in my ILR application?
As part of your application, you will need to include several supporting documents - this also applies to any dependents who are applying with you.
Typically, you will need to provide the following documents:
- Passport and travel documents, including any old passports, which were valid during your time in the UK
- Birth or adoption certificates
- Documents that account for any time spent outside of the UK during your residency
- A police registration certificate if you were required to register with the police when you arrived in the UK
- A history of your immigration
- Financial information such as bank statements
- A certificate for passing the Life in the UK test
- A certificate providing B1 level of English
It is important to remember that the documents you provide must be the original versions. If you are unable to provide these, you will need to explain why as part of your application. If there are exceptional circumstances, the Home Office may give some leniency.
- What is the English language test?
An important part of the ILR application process is to prove that you meet an English language requirement of B1 in speaking and listening as specified by the Common European Framework of Reference for Languages.
You will need to include a certificate from an approved test provider to include in your application.
Not everyone needs to fulfil this requirement; for example, citizens of Commonwealth countries or majority English-speaking nations will usually be exempt. This includes, but is not limited to, the following:
- Antigua and Barbuda
- Australia
- The Bahamas
- Canada
- Grenada
- Ireland
- Jamaica
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
The following applicants will also be exempt from the English language requirement:
- Those aged 65 years or over
- Holders of a degree or higher qualification at an accredited educational establishment that was taught in English
- Those under humanitarian protection
- Victims of domestic abuse
- A partner or spouse of a person who has died and was a British citizen or person with settled status
- What is the Life in the UK test?
The Life in the UK test, also known as the British Citizenship test, is a necessary requirement for an indefinite leave to remain application. The test is based on the culture, history and traditions of Britain.
The test costs £50 to take, consists of 24 questions and lasts for 45 minutes. Questions are randomly generated on the day of the test and you must achieve a score of at least 75% to pass.
If you fail the test, you are able to retake it at least seven days after the date you last took it, and it can be retaken as many times as needed to achieve a pass.
Those aged 18 and under, or 65 or over, will not need to sit the test, nor will those who have a long-term physical or mental condition - written confirmation must be provided by a doctor.
- How much does it cost to apply for indefinite leave to remain?
The current fee to apply for indefinite leave to remain is £2,885 per person. If any dependents are also applying with you, you will need to pay a second full fee.
A priority service is available for an additional £500 that will allow your ILR application to be processed within five working days. A super-priority option is also available for a further £1000 where your application will be processed within one working day.
- What is a biometric residence permit?
A biometric residence permit (BRP) is an identification card that holds a migrant's biographical details (name, date and place of birth), biometric information (fingerprints and facial photograph), and details about their immigration status. It provides a secure, standardised way for employers, public service providers, and other authorities to check the rights of foreign nationals, and was issued to people receiving long-term visas, extending short-term visas, or applying for settlement.
For those who have a BRP, it also serves as a form of identification and can be used to confirm the holder's identity, right to study in the UK, and right to any public services or benefits they are entitled to. However, it is important to note that you cannot use a BRP to prove your right to rent property or work in the UK.
BRPs will expire on 31st December 2024, and future applicants will be issued with eVisas. These will serve a similar function to the BRP, but be linked to a visa holder’s UKVI account and be accessible online.
A biometric residence permit is not the same as a biometric residence card, which was historically known as the UK Residence Card or EEA Biometric Residence Card. These documents are no longer given out but may be used to confirm your identity and your residence status in the UK if you were issued a biometric residence card before they were discontinued.
- What visa categories can be routes to ILR status?
If your ultimate aim is to be granted ILR status and move to the UK, there are several visa categories that can support you on this path. Choosing the right visa category for you will depend on why you want to come to the UK - whether to work, study or join a spouse, for example - and your personal circumstances. There are several types of UK visa that can set you on a path towards settled status, including those listed below.
- Skilled Worker visa
- Minister of Religion visa (Tier 2)
- International Sportsperson visa
- Global Talent visa
- Scale-up Worker visa
- Innovator Founder visa
If you are living in the UK under a visa that no longer exists, you may still be eligible to be granted ILR status. There are several UK visas that are no longer issued, but which could allow you to apply for indefinite leave to remain. For example:
- Entrepreneur visa (Tier 1)
- Investor visa (Tier 1)
This is not a comprehensive list. If you need more information on the immigration restrictions that apply to these visa routes, advice on choosing the right visa or support with application forms and the legal aspects of the process, get in touch with JMW’s team today.
- Is indefinite leave to remain the same as becoming a British citizen?
Indefinite leave to remain is not the same as becoming a British citizen. ILR is a form of permanent residency that allows you to live and work in the UK without any time restrictions. However, it does not grant you the same rights as a British citizen, such as the right to a British passport and the unrestricted right to enter and live in the UK.
British citizenship is the next step after ILR for those who choose it. It affords the full rights of a UK national, including the right to vote in all elections and the ability to apply for a British passport. To become a British citizen, one must typically hold ILR for at least 12 months, meet certain residence requirements, and pass the Life in the UK test and a language proficiency test.
Talk to Us
If you're looking to settle in the UK permanently, our solicitors can help you make a successful application for indefinite leave to remain. Contact us by calling 0345 872 6666, or by filling in our online enquiry form to request for a member of the immigration team to get back to you.
