Overview
Indefinite Leave to Remain (ILR), also known as settlement, is a way to establish long-term residence in the UK. With ILR, you have the right to live, work, study, and access benefits in the UK without any time restrictions. It also enables you to apply for British citizenship if you meet the eligibility criteria.
The process of applying for indefinite leave to remain varies depending on your specific circumstances. If you or your family member are an EU, EEA, or Swiss citizen, you may be eligible to apply for settled status under the EU Settlement Scheme instead.
If you are currently working in the UK on a work visa, you may be able to apply for ILR. Generally, you must have lived and worked in the UK for 5 years to qualify. However, if you hold a Tier 1 visa, the requirement can be 2 or 3 years, and for Innovator or Global Talent visa holders, it can be 3 years. Additionally, you may need to meet salary or financial requirements depending on the type of visa you hold.
The application process for ILR depends on the specific visa category you fall under. It varies whether you have a tier 2, T2, International Sportsperson, Skilled Worker, Scale-up Worker, Global Talent, Tier 1 Entrepreneur, Investor, Innovator, represent an overseas business, hold a Turkish Worker or Businessperson visa, or work as a private servant in a diplomatic household with an International Agreement visa, or as a domestic worker.
It is essential to carefully consider your circumstances and refer to the appropriate guidance to ensure you follow the correct application process for Indefinite Leave to Remain in the UK.
If you have family in the UK
If you have family members residing in the UK, such as a partner, parent, child, or other relative with settled status, either as a British citizen or someone with indefinite leave to remain, you may be eligible to apply for Indefinite Leave to Remain.
The application process will depend on the type of visa you hold and how your family member obtained settled status. It is important to consider the specific circumstances and requirements associated with your situation.
In certain cases, there are alternative pathways to apply for Indefinite Leave to Remain. These include situations where your partner has passed away or when your relationship ended due to domestic violence. It is crucial to seek the appropriate guidance and support to navigate the application process successfully.
If you’ve lived in the UK for 10 years
If you have resided in the UK for 10 years or more, you may have the opportunity to apply for Indefinite Leave to Remain based on your long-term residence in the country.
If your current visa is based on your private life in the UK, there is a separate application process available, which is set to open in June 2022.
Commonwealth citizens
For Commonwealth citizens who hold a UK Ancestry visa and have lived in the UK for 5 years, you are eligible to apply for Indefinite Leave to Remain.
Certain Commonwealth citizens possess the “right of abode” in the UK, granting them the freedom to live and work without immigration restrictions. It is advisable to check your eligibility for proving the right of abode in the UK.
Alternatively, you may be eligible for British citizenship through alternative routes, such as the Windrush scheme.
There are additional pathways to apply for indefinite leave to remain, including if you are a refugee, have humanitarian protection or Discretionary Leave, are returning to the UK after having held indefinite leave to remain previously, or have served in the armed forces.