Indefinite Leave to Remain in UK

Indefinite Leave to Remain (ILR) 

Indefinite Leave to Remain (ILR) commonly known as ‘Settlement’ allows you to settle in the UK on a permanent basis and work in the UK without restrictions.

You can apply for Indefinite Leave to Remain (ILR) in the UK once you have lived in the UK for a certain number of years as required by the Immigration Rules.

If you need legal assistance with your Indefinite Leave to Remain (ILR) / Settlement application, please feel free to contact us to get immigration advice and legal assistance with your ILR application.

What are the different routes to ILR?

Below is a list of the few common routes to Indefinite Leave to Remain (ILR):

• ILR After 10 Years Long Residence
• ILR as a Spouse (5 Year Route)
• ILR as a Skilled Worker (5 Year Route)

Need Legal Advice & Assistance?

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

ILR After 10 Years of Living Abroad

Tahmidur Rahman Remura can help you get the Long Residence (ILR) visa for 10 years. You may be eligible for the 10 Years Long Residence (ILR) visa if you have lived in the UK for ten years without leaving. We can help you figure out if you are eligible for the 10 Years Long Residence (ILR) visa and help you fill out the necessary forms and documents.

Fees and how long it takes

The fee depends on what you’re applying for.

You’ll also need to have your biometric information (fingerprints and a photo) taken – there’s no fee for this.

You’ll usually get a decision within 6 months if you apply using the standard service.

Eligibility requirements

Applicants must meet the following rules to be eligible:

• They must be allowed to stay in the UK (can fall under one or more immigration categories)
• They must have lived in the United Kingdom for at least 10 years (Continuous Residence)
• Must have stuck to the rules on their UK visa.
• Applicants between the ages of 18 and 65 must be able to speak English and pass the Life in the UK Test.
• Applicants who don’t meet the English language requirements and the Life in the UK Test have to wait ten years before they can apply again. This ten-year period starts from the time they entered the country with a visa or were given permission to stay.

Because of the referendum, neither the status nor the rights of European Union citizens living in the United Kingdom nor those of British citizens living in the European Union changed.

You must meet all the eligibility requirements.

Other ways you can stay

There is a different way to apply for indefinite leave to remain if you have a visa that’s on the basis of your private life (because of the time you’ve spent in the UK).

If you’re not eligible because of the time you’ve spent in the UK, there are other ways to apply for indefinite leave to remain.

If you’re not eligible for indefinite leave to remain, you may be able to extend your stay for another 2 years (known as ‘leave to remain’). You need to have already been in the UK legally for 10 years without gaps (known as your ‘continuous residence’).

Continuous residence

Continuous residence is how long a person has lived in the UK without leaving or coming back. During the Continuous Residence period, applicants can leave the country for up to 180 days at a time, or 540 days in total. The time spent in prison, a secure hospital, a young offender’s institution, the Isle of Man, the Republic of Ireland, or the Channel Islands is not counted.

Required documents

The following documents must be submitted by applicants:

• Valid passport and travel identification card
• If they have one, their biometric residence permit
• Every passport they had while they were in the country was taken away.
• If they have one, a copy of their police registration card.
• Two color photos the size of a passport
• Requesting to live in the UK

People who want to move to the UK need to show the following documents:

The same documents as above Biometric information, such as fingerprints and a picture (they will have to visit a Post Office that accepts Biometric Information)

Within six months of applying for a 10 Years Long Residence (ILR) visa, applicants will know how their application is going. Some applications may take longer if they need to verify supporting documents, if they need to come in for an interview, or if they have a criminal record or have been convicted of a crime.

Visa extension

To get a visa extension, applicants must give the following information:

The same documents as above Biometric information, which includes fingerprints and a picture (they will have to go to a Post Office that accepts Biometric Information). They can apply for the 10 Years Long Residence (ILR) if they meet all of the established eligibility requirements. They don’t have to wait until their visa runs out before they can apply for 10 Years Long Residence (ILR).

Relatives

Relatives of people who want to live or visit the UK will need to apply for a visa on their own. They can only apply if they depend on the person who is applying. A dependent includes:

• Partner
• Children under 18
• The relatives can’t be listed as dependents on the application.

Relatives who do not qualify

If the applicant’s application to stay in the country is approved, the applicant’s partner can apply to live in the UK as the partner of a settled person if they don’t meet the requirements to apply on their own. They can have any child under the age of 18. Children over 18 who don’t have the right to apply to live in the UK on their own may have to leave the country.

ILR as a Spouse (5 Year Route) 

As a spouse or partner in the UK, you can apply for Indefinite Leave to Remain (ILR) by filling out the SET (M) application form online after you have lived there for at least 5 years with a spouse visa (5 years route).

The application will be looked at based on the requirements of the Immigration Rules, which are listed in Appendix FM.

As the spouse of a British citizen, you will be able to apply for British citizenship as soon as you get your ILR. You won’t have to wait a year after getting your ILR.

We know how to handle all kinds of ILR applications. We will do everything that needs to be done on the application until we hear back from the Home Office UKVI.

Requirements for ILR as a spouse (5-year route)

The most fundamental requirements for ILR application as a Spouse are as mentioned below:

1. Financial Requirement
2. Continuous Residence
3. Suitability Requirement
4. English Language Requirement
5. Life in the UK Test Requirement

What we do

Tahmidur Rahman Remura Wahid visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:

• Checking your eligibility for an Indefinite Leave to Remain (ILR)
• Preparing and submitting Indefinite Leave to Remain (ILR) applications
• Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
• Overcoming the refusal of Indefinite Leave to Remain (ILR)

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.

ILR as a Skilled Worker (5 Year Route) 

To apply for Indefinite Leave to Remain (ILR) as a Skilled Worker, the applicant must show that he worked for the employer who sponsored his stay in the UK for the whole time he had a work permit or Tier 2 General.

The person applying for ILR should also get a letter from the employer who paid for him to stay in the UK. This letter should say that the person has been working for the employer and that the person is still needed for the job for which he was paid to stay in the UK.

We know how to handle all kinds of ILR applications, and if you ask us to, we’ll do all the work on the application until the Home Office UKVI makes a decision.

Please contact our UK immigration experts so they can fully assess your eligibility for ILR by looking at all the relevant information. This way, we can tell you how likely it is that your application will be approved, especially if you have special circumstances or a bad personal or immigration history.

ILR requirements & eligibility

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.

The most fundamental requirements are:

• Continuous Residence
• English Language Requirement
• Life in the UK Test
• Suitability Requirement 

Continuous residence requirement

Continuous lawful residence in the UK  is the main requirement of Indefinite Leave to Remain (ILR) applications. Continuous residence means the time you’ve spent in the UK without gaps.

ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

What we do

Tahmidur Rahman Remura’ ILR visa team handles all aspects of Indefinite Leave to Remain (ILR) applications, including:

• Checking your eligibility for an Indefinite Leave to Remain (ILR)
• Preparing and submitting Indefinite Leave to Remain (ILR) applications
• Overcoming any problems with Indefinite Leave to Remain (ILR) eligibility
• Overcoming the refusal of Indefinite Leave to Remain (ILR)

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.

ILR requirements for different immigration status 

To be eligible for ILR, you must first be in the UK with lawful status under a category that specifically leads to settlement, for a time period stipulated under the category:

ILR for dependants

You can also file for ILR on behalf of your husband, partner, and children if they depend on you.

Dependents can include:

Partner means a spouse, civil partner, or any other romantic partner (partners must either be in a civil partnership or marriage or, if not, have been living together for at least 2 years)
Children under the age of 18
Children over the age of 18 who depend financially on the main visa holder

Also, they have to meet the requirements for the Life in the UK test, the English language requirement, if it applies, and the continuous residency requirement.

Some ways to get ILR involve meeting a certain amount of money. For the Skilled Worker five-year route, you and your partner must usually have a combined income of at least £18,600 per year. If you have children who aren’t British or Irish, don’t have pre-settled status, and aren’t permanently settled in the UK, you may be able to get more money. If you need to prove that you earned the extra money, you must earn the following over and above £18,600:

• Your first child will cost you £3,800 a year.
• For each child after your first, you get £2,400 a year.

Most of the time, family members can apply for ILR at the same time as the main visa holder. This is because they got their visas at the same time and for the same amount of time as the main visa holder.

But if they came to the UK after the ILR qualifying time, they may have to wait until then. If a family member can’t get an ILR as a dependent, they may still be able to live in the UK through the EU Settlement Scheme, family visas, or the 10-year residency route. Get advice about what you can do.

ILR turned down?

Please know that you can usually get settled in the UK even if your ILR application is turned down or if the application of a family member who depends on you is turned down. You just need to know what to do.

First of all, you can appeal the decision if you can show that your request for permanent permission to stay was based on human rights grounds. If this is true of your application, an immigration lawyer can help you figure out what to do. But most ILR applications are not based on respecting human rights, so they can’t be questioned. But there are still other things to do. You can appeal a decision not to give you ILR in the following ways:

• You can ask for a judicial review if you think UKVI made a mistake when it turned down your application.
• To challenge the legal reason for the refusal, an administrative review is needed.
• In some situations, it would be best to fill out a new ILR application.

Need Legal Advice & Assistance?

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

ILR requirements FAQs

What are the requirements for ILR?

For most immigration routes, such as the Skilled Worker Route and spouse visa, the minimum ILR requirement is continuous residence of at least five years. 

Can I apply ILR before 28 days?

It is possible to submit your ILR application up to 28 days before the end of your qualifying period. If you apply earlier, you will not be eligible and your application is likely to be refused. You will however need to ensure you apply you should apply before the end of your permitted stay in the UK.

How long is ILR valid for?

ILR is indefinite, however it may expire after 2 years absence from the UK, regardless of the expiry date on your proof of ILR, such as the BRP or passport stamp.

How much does ILR cost?

The Indefinite Leave to Remain (ILR) application fee charged by the Home Office is £2,404 per applicant as of 6 April 2023 .

Can I apply for ILR after 3 years?

If you have an Innovator or Global Talent visa, you may become eligible for ILR after 3 years if certain conditions apply.

Can I apply for ILR after 5 years?

For most eligible visa routes, holders can apply for ILR after five years.

Hire the best Immigration law firm in Bangladesh:

The best immigration lawyer in Bangladesh works for Tahmidur Rahman Remura. We have long-term experience helping our local and expatriate clients get work permits, permanent residences, and visas all over the world. When processing visas for clients, the immigration law firm in Bangladesh looks for a number of things.

Email: info@trfirm.com

Phone: +8801847220062 or +8801779127165