What is an indefinite leave to remain?
An Indefinite Leave to Remain (ILR) which is also called a UK Settlement Visa is a document that proves its holder has been granted with the immigration status after he / she has lived in the United Kingdom for a specific period of time under a temporary visa, and has shown commitment to the UK.
What is the difference between settled status and leave to remain?
Settled status is an immigration category granted to EU nationals and their family members under the EU settlement scheme. An important difference between settled status and indefinite leave to remain is that settled status is not lost after two years of absences.
Can I apply for indefinite leave to remain in the EU?
You can also apply for Indefinite Leave to Remain if you are a private servant in a diplomatic household or if you are a domestic worker. If you or your family member are an EU, EEA or Swiss citizen, you may be able to apply for settled status under the EU Settlement Scheme instead.
When does my settled status end after 5 years?
If you have been granted settled status under the EU Settlement Scheme, your leave will automatically end if you stay outside the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey) for 5 or more years.
What is the difference between settlement and Indefinite Leave to Remain?
Settled status is also known as Indefinite Leave to Remain in the UK (ILR). It is a form of immigration status which the Home Office issues to non-EU nationals where they qualify for it under the Immigration Rules. For EU Citizens and their families, the rules are changing at the end of 2020.
What does Indefinite Leave to Remain entitle you to?
Indefinite Leave to Remain (ILR) is an immigration status which allows the person who holds it to live and work in the UK for an unlimited time, without any need to apply for a visa extension. If you are granted Indefinite Leave to Remain, you are able to leave and re-enter the UK without any immigration restrictions.
Does Indefinite Leave to Remain expire?
Can indefinite leave to remain expire? ILR status will not expire, but it can be lost in certain circumstances. BRPs, as proof of ILR status, are issued for ten years.
Can I buy a house with indefinite leave to remain?
Temporary visas Some lenders will not offer a mortgage unless an applicant has indefinite leave to remain (ILR). Again, the amount of deposit required varies, but the majority of lenders will require a higher deposit for clients who are in the UK on a visa.
Who is eligible for indefinite leave to remain in the UK?
Overview. You may be able to apply for indefinite leave to remain if you've been in the UK legally for 10 continuous years (known as 'long residence'). Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'.
Can you get a British passport with indefinite leave to remain?
Unfortunately, it is not possible to apply for a British passport after ILR (i.e. you cannot go straight from ILR to a British passport). After you get ILR, you need to wait for 12 months to apply for British citizenship. Once you have British citizenship, you will be eligible to apply for a UK passport.
Can I travel to Europe with indefinite leave to remain?
ILR and EU travel ILR does not entitle a person to travel to the Schengen states visa free. ILR is however a requirement for British citizens to travel there visa free, i.e. a person is only regarded as being "fully" British when he has ILR in the UK. Other types of British citizens may or may not require a visa.
What does indefinite leave to remain in the UK mean?
Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you're eligible. You can use it to apply for British citizenship.
Is indefinite leave to remain the same as citizenship?
Is ILR same as citizenship? No, ILR and citizenship are not the same. With ILR, you can live, work and study in the UK without time restriction, but you do not have the same rights as a British citizen, such as the right to vote in the UK.
What does indefinite leave to remain in the UK mean?
Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you're eligible. You can use it to apply for British citizenship.
Can I travel to Europe with indefinite leave to remain?
ILR and EU travel ILR does not entitle a person to travel to the Schengen states visa free. ILR is however a requirement for British citizens to travel there visa free, i.e. a person is only regarded as being "fully" British when he has ILR in the UK. Other types of British citizens may or may not require a visa.
How long can you stay out of the UK with indefinite leave to remain?
You should take your BRP with you if you travel outside the UK otherwise you may be refused re-entry to the UK. If you stay outside the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey), for 2 or more years at a time your ILE or ILR will automatically end.
Check if you can get indefinite leave to remain
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as l...
If you work in the UK
You may be able to apply if you have a work visa. You must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can b...
If you have family in the UK
You may be able to apply if you have a partner, parent or child or other relative settled in the UK - either as a British citizen or a person with...
If you’ve lived in the UK for 10 years
You may be able to apply if you’ve been living here for 10 years or more. There’s a different way to apply if you have a visa that’s on the basis o...
If you’re a Commonwealth citizen
You can apply if you’ve been living in the UK for 5 years on a UK Ancestry visa. Some Commonwealth citizens have ‘right of abode’ in the UK. This m...
Other ways to apply
You may be eligible to apply for indefinite leave to remain if you: are a refugee or have humanitarian protection or Discretionary Leave are return...
What is indefinite leave to remain?
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
Can a Swiss citizen apply for settled status?
If you or your family member are an EU, EEA or Swiss citizen, you may be able to apply for settled status under the EU Settlement Scheme instead.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain is a form of settlement available to overseas nationals.
What happens if I get Indefinite Leave to Remain?
If you get Indefinite Leave to Remain it might also be referred to as ‘settlement’. It gives you the right to live, work and study here for as long as you like. You can also apply for benefits if you are eligible to do so, and you can use your Indefinite Leave to Remain to apply for British citizenship.
How do I apply for Indefinite Leave to Remain?
There are several ways to apply for Indefinite Leave to Remain and how you do it will depend on your circumstances.
Who Can Apply for an Indefinite Leave to Remain?
The UK Home Office grants only specific categories of people with the Indefinite Leave to Remain. These categories must fulfill a number of criteria, including having legally lived within the UK for a certain period of time.
What is the Continuous Period of Stay in the UK?
The continuous period of stay in the UK is the time spent in the UK without travelling abroad within a year, calculated from the date you’ve arrived in the UK, or the day you’ve been granted a visa. This is known as the qualifying period and it’s counted to measure your eligibility to obtain an Indefinite Leave to Remain in the UK. There is an allowable period of absence from the UK during a qualifying period, which is commonly 180 days in a year.
What is an ILR visa?
An Indefinite Leave to Remain (ILR) which is also called a UK Settlement Visa is a document that proves its holder has been granted with the immigration status after he / she has lived in the United Kingdom for a specific period of time under a temporary visa, and has shown commitment to the UK. The immigration status is granted only to individuals with no right of abode in the United Kingdom.
How long do you have to be away to come back to the UK?
You will need to apply for a Returning Resident visa to come back to the UK if you have previously been granted with an Indefinite Leave to remain, but you either lost your documentation, or have been away for more than 2 years.
How long do you have to stay in the UK to get a permanent residence card?
You will qualify to apply for a permanent residence card in UK after 10 years of legal residence under any type of UK visa, including student visas. The 10-year-stay in the UK is also known as ‘long residence’, and gives the right to apply for an ILR to those that fulfill the general requirements for settling in the UK.
How many days can you stay in the UK?
There is an allowable period of absence from the UK during a qualifying period, which is commonly 180 days in a year. In exceptional cases, you may settle in the UK regardless of the number of continuous years spent in the UK before that.
Can ILR be indefinite?
However, sometimes even if the ILR applicant belongs to one of the categories mentioned above, there are some factors that may exclude this person from being able to apply for and obtain an Indefinite Leave to Remain. Following, find the main reasons why one might become ineligible for settling in the UK:
What is settled status?
Settled status is central to British nationality law, as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where a child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen.
How long does it take to get settled in the UK?
Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years ('continuous residence') will usually receive settled status. Those without five years of continuous residence at the point of application will typically receive 'pre-settled status'. Upon achieving five years of continuous residence, citizens with 'pre-settled status' may apply for 'settled status'. Pre-settled status lapses five years from the point at which it is granted.
Why is the ILR curtailed?
ILR may also be curtailed by the Home Secretary for reasons of national security or if the holder of the ILR commits an offence that could lead to their deportation from the United Kingdom.
How long can a person stay in the UK?
A person aged under 18 who has lived in the UK for 7 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR (FP) if it would not be reasonable to expect the applicant to leave the UK.
What is the new immigration status?
In 2018, the UK government has indicated that a new immigration status would be created for EU, EEA and Swiss citizens with settled status due to the fact that their permanent residence status would lapse following Brexit. The first version of the new scheme was unveiled in October 2018 while the full operation of the scheme would only start when the UK leaves the EU. On 1 November 2018, the Home Office launched a limited pilot of the scheme for certain persons working in higher education, health care or social care sectors and having access to an Android device. Under Appendix EU to the Immigration Rules, this new immigration status was confirmed as 'Indefinite Leave to Remain (ILR) in the United Kingdom' although citizens with the status would receive no physical documentation confirming this status.
How old do you have to be to apply for leave of absence in the UK?
A person aged between 18 and 25 who has lived in the UK for at least half of his/her life (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR (FP).
When did ILR revert to permanent resident?
From 2 October 2000, the status would revert to that of a temporary resident if an application for ILR was not made. On 30 April 2006, with five years' residence exercising Treaty rights accrued, that person regained permanent resident status.
What is indefinite leave to remain?
General Overview of Indefinite Leave to Remain. Indefinite leave to remain (ILR) means permission to live in the UK without any time limit. Holders of indefinite leave to remain are entitled to work in the UK and they are also entitled to receive any state benefits that they qualify for.
What is the requirement for an indefinite leave to remain visa?
The major requirements for Indefinite Leave to Remain (ILR) applications include having stayed in the UK for the relevant qualifying period of time under specified visa category and fulfilling the knowledge of the language and life requirement (“KoLL”).
How long have Edmans and Co been in the immigration field?
Our lawyers at Edmans & Co have in excess of 10 years experience in the Immigration field and know all the intricacies of Immigration Rules. We can prepare applications of any difficulty and throughout our career, we have assisted a large number of clients with their ILR applications.
How long does it take to get an ILR?
General processing time is up to 6 months. Most ILR applications are decided in 8 weeks. It is possible to expedite certain ILR applications using super-priority service, which costs additional £800. With super-priority, your ILR application will normally be decided in 24 hours.
How long does it take to get a leave to remain visa in UKVI?
General processing time is up to 6 months.
Is indefinite leave to remain the same as permanent residence?
Legally speaking, both Indefinite Leave to Remain (ILR) and Permanent Residence have the same legal effect. The application process, requirements and fees will differ considerably though, so it is important not to confuse the two.
Is indefinite leave to remain the same as British citizenship?
Indefinite leave to remain is not the same thing as British citizenship. A person who holds ILR retains their original nationality and they are not entitled, for example, to vote in General Elections unless they otherwise qualify for it by virtue of their nationality.
How long does it take to get a settlement in the EU?
The current estimated processing times as published on 22 May 2020, are between 5 working days and a month.
How long can you stay in the UK without losing your status?
You can indicate on the EU Settlement Scheme online application form that you already have indefinite leave to remain. An advantage of applying to the EU Settlement Scheme is that you should be able to spend up to 5 years in a row outside the UK without losing your settled status (instead of 2 years with indefinite leave to enter or remain).
Can an EEA citizen stay in the UK?
There will also be EEA citizens who came to the UK prior to the EEA Regulations 2006 being in force, and may have obtained indefinite leave to remain rather than a right of permanent residence. Therefore, depending on your circumstances as an EEA national, there are now different types of status available to you.
Can an EEA citizen apply for permanent residence?
EEA citizens and their family members were previously entitled to apply under the Immigration (European Economic Area) Regulations 2016. For those who lived in the UK in accordance with the EEA regulations for a period of more than five years, an automatic right of permanent residence was obtained. Qualifying EEA citizens and their family members could then apply for a document certifying permanent residence as evidence of this.
How long do you have to be a refugee to settle in the UK?
Settlement as a refugee. You can apply to settle as a refugee if you have been living in the UK as a refugee for five years or as someone with Humanitarian Protection. The application form to complete is form SET (Protection routes) and there is no fee for applying for settlement in this category.
How long do you have to be a British citizen to be indefinitely a partner?
In order to apply for indefinite leave to remain as a partner of a British national, one has to demonstrate that you have been the spouse or civil partner or unmarried partner of a British national for five years. You must demonstrate a sufficient knowledge of the English language.
Can an EU national apply for a permanent residence in the UK?
Settlement as an EU national. EU nationals can apply for a permanent residence document if they have lived in the UK for five years and been exercising treaty rights. Family members of someone from the European Union can apply at the same time. You do not need a document to confirm your residence status in the UK at the present time.
Who is suitable for Indefinite Leave to Remain (ILR)?
A spouse or unmarried partner of a UK citizen or person with UK settled status. The spouse or unmarried partner must have been in the UK for 2 years or more on a visa issued before 9 July 2012
Common questions asked about Indefinite Leave to Remain
Indefinite Leave to Remain does not expire, but you should not be absent from the UK for periods of 2 years or more because this could result in you losing ILR status.
How long does a settlement visa last?
On the contrary, it is initially granted for 33 months if the application is made from outside the UK or for 30 months if made in the UK. It is then extended for another 30 months.
How long can you stay in the UK and keep your settled status?
You can be absent from the UK for five years and keep your settled status.
What is permanent residence?
Permanent residence is the unconditional right of residence acquired by EU nationals and their family members under the EU Citizenship Directive 2004. The Directive was subsequent transposition into a series of domestic documents, the first of which was called Immigration (EEA) Regulations 2006.
How long does it take to get settled on a settlement visa?
In other words, applicants for settlement visa become settled after five years of residence or ten years of residence depending on their circumstances.
What is a settlement visa?
Settlement visa is a rather misleading term when used for UK partner visa and applications for a family reunion by dependent family members of British citizens.
What does "settling" mean in the UK?
We normally use the word settled in relation to people who have their permanent home in the UK and are not expected or required to leave the country.
Can you backdate a document confirming permanent residence?
The document confirming permanent residence can be backdated and can show the actual date when this right was acquired. EU rights will not be recognised in the UK after 1 January 2021. Those who want to keep their permanent residence right after Brexit have to apply for settled status.
Overview
Citizens of EEA member states
Before 2021, citizens of countries in the European Economic Area (other than Irish citizens) and Swiss citizens could obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR. The rights of EEA citizens are not governed by UK Immigration Regulations, but rather the EEA Regulations.
Under the law as it existed between 2 October 2000 and 29 April 2006, a citizen of an EEA state …
Advantages
Holders of ILR may apply for British citizenship if they have held ILR for twelve months or longer, are over 18 and have been ordinarily resident in the United Kingdom for the last five years.
Certain ILR holders may apply for British citizenship under the registration clauses if they are qualified to do so (e.g., born in the UK or holding another form of British nationality). Registration normally costs less than naturalisation and applicants are not required to meet knowledge and l…
Acquisition of ILR
ILR can be acquired in a number of ways.
A child (including an adopted child) aged under 18 who holds leave to enter or remain with a view to settlement with a parent, parents or a relative who is a settled person and resident in the UK can apply for ILR using Form SET(F).
A parent, grandparent or other dependant relative aged 18 or over of a person who is a settled p…
Costs
Prior to 2003, Indefinite Leave to Remain in the UK was free. However, since 2003, fees have been introduced and have risen each year in April. ILR Fees were introduced at £155 in 2003. Following record immigration in 2004–05, mainly from Eastern Europe, for the main applicant the fee was raised in 2005 to £335, in 2007 to £750, and in 2009 to £820.
In 2009 the Government introduced a £70m Migrants Impact Fund. Economic migrants and stud…
Immigration rule changes
With effect from 3 April 2006, the period of time required to obtain Indefinite Leave to Remain increases to five years. These changes were debated in House of Commons Standing Committee on 20 June 2006. All Labour MPs voted for preserving the retroactive aspect of the changes, while all other MPs voted that the Government should bring in transitional arrangements to allow those already in the UK before the rule change to qualify under the previous four-year rule. These chan…
See also
• British nationality law
• Leave to enter
• Life in the UK test
• Permanent residency
• Right of abode
External links
• UK Border Agency - Applying for settlement in the United Kingdom