Indefinite leave to remain is a settlement route available to non-EEA nationals, enabling the

holders of this visa category to live, work and study in the UK, free from immigration

restrictions. It is the first step to acquiring British citizenship or naturalisation.  

 

A variety of immigration visa categories can lead to Indefinite Leave to remain in the UK, some

of which are discussed briefly below.

 

Eligibility Requirements:

 

Requirements will differ on a case by case basis. Generally the requirements of this visa are:

 

 

A) You must have been lawfully residing in the UK for a ‘qualifying period,’ (dependent on

the circumstances of your matter).  Most EEA-nationals will be eligible to apply for settlement,

to remain in the UK after 5 years of lawful residence in the UK, as will applicants under other

visa categories such as:

 

The Spouse Visa 

The Unmarried Partner Visa

Tier 2 Visas.

 

Some visa categories may require fewer years of lawful residence in the UK, for example, applicants whose leave to remain in the UK was granted under The Innovator Visa, The Tier 1 Entrepreneur Visa or The Tier 1 Exceptional Talent Visa, will be eligible to apply for indefinite

leave to remain after 3 years.  

 

In addition, some visa categories may require even less years of lawful residence (for

example, The Tier 2 Investor Visa requires 2 years of lawful residence in the UK, as a

minimum threshold for Indefinite Leave to Remain). Conversely, some visa categories require

more years of lawful residence in the UK.  For example, applicants applying to settle in the UK under The Private Life 10-year Settlement Route will need to have been living in the UK, 10

years from the date they begun this immigration route, in order settle.  

 

B) You must also  not have broken any UK immigration rules during your stay in the UK.

 

C) You must not have a criminal record in the UK or any other country.

 

D) You must not have spent more than 180 days outside the UK in a consecutive 12 month period, during the qualifying period of residence. 

 

*Note: There are exemptions to this requirement, for example, if your period of absence

exceeds the permitted period due to natural disaster, or serious illness of yourself (as the applicant), or that of a close family member, or if for example, your absence is connected to

and consistent with your sponsored or permitted employment, or permitted economic activity

in the UK. 

 

E) If your are 18-64 years of age, you will also need to pass the Life in the UK Test.

 

F) If you are are 18-64 years of age, you will also need to meet the English Language Requirement.  

 

You will not have to satisfy the English Language requirement if you; 

You are under the age of 18 yeas of age at the date of your application.

You are over the age of 65 at the date of you application. 

Or if you have a physical or mental condition making it unreasonable for you to fulfil the

English Language Requirement.

 

You will also be exempt from this requirement if you are applying for settlement as: 

 

 

•  A victim of domestic violence as the partner or spouse of a British citizen or someone

settled in the UK.

•  The partner or spouse of a person who has died who was either a British citizen or someone settled in the UK.

•  An adult dependent relative between 18 and 64 of someone who is present and settled in the UK,  who is a refugee or has humanitarian protection.

•  A refugee living in the UK or someone living in the UK with humanitarian protection. 

•  Someone living in the UK with discretionary leave. 

•  Someone who has permission to stay in the UK as a retired person of independent means. 

•  Someone in exceptional circumstances, for example as an orphan, widow or over-age dependant.

 

*Note- citizens from Commonwealth countries or majority English speaking countries are ordinarily also exempt from this requirement. 

 

If you do not belong to the above categories of exemption, you must provide evidence that

you satisfy the English language Requirement. 

 

You can prove your English knowledge by having a recognised EnglishTest qualification from

an approved centre. You will need to have a qualification at B1, B2, C1 or C2 level.  You will

also meet this requirement if you have already met the B1 English Requirement in a previous

visa category that has provided you continuous residence in the UK. Further, you can also

prove this requirement by having a degree taught or researched in English. 

 

How We Can Help:

 

Applying for Indefinite Leave to Remain can be complex and laborious process. We examine

your immigration history and current visa stipulations to help you identify whether you are

eligible for ILR, in addition to identifying which ILR route is applicable to the circumstances of

your case. 

 

We will assess your case and advise you on the necessary evidence needed to support your application, assisting you through every step of the application process.