ILR/Settlement

Indefinite Leave to Remain

Indefinite Leave to Remain also known as ILR is a form of permanent settlement in the UK.

You can get Indefinite Leave to Remain in the UK through various routes. Usually, it is when you are in the UK with permission as one of the following:

  • A partner
  • A family member
  • A certain type of worker
  • On continuous and long-term lawful residence
  • A person with Ancestry ties.

The following requirements must be satisfied for ILR to be granted:

  1. Continuous residence in the UK for 5 years or more
  2. No criminal convictions
  3. A Life in the UK Test Pass Certificate
  4. Ability to prove a good knowledge of English (B1 Level)
  5. Applicant must not have spent more than 180 days outside of the UK in a 12-month period.

Once you have all your documents together, you will need to complete the relevant application form and submit it to the Home Office. If you are applying as the partner of a person or the parent of a child who is already settled in the UK, you need to complete Form Set (M). For all other Indefinite Leave to Remain applications, Form Set (O) is the form which needs to be completed.

Once the form has been completed, you will have to pay a fee of £2,389. There is no Immigration Health Surcharge amount on this application.

Usually, it takes around 6 months for the Home Office to come up with a decision on your ILR application, however if your application has complexities, it could take a little longer.

If your Indefinite Leave to Remain application is successful, you will be provided with a Biometric Residence Permit (BRP) card. This is a form of identification and will include details such as your name, date of birth, place of birth and your immigration status information. There will also be a photograph of you on this card.

Please note that if you apply for ILR however all the requirements are not satisfied meaning that you do not yet qualify for ILR, you may be able to extend your existing visa temporarily to stay in the UK. This is known as Further Leave to Remain.

Once you have had your Indefinite Leave to Remain for 12 months, you can apply for British Citizenship.

We understand an ILR application is not easy and nor is it straightforward. This is one chance to obtain indefinite stay in the United Kingdom, so it is vital to ensure it has been completed accurately and all required evidence is provided. As a failure to meet all requirements would result in a refused application, it is essential that we get it right the first time. Our team at Kalsi Solicitors have expertise in these applications and will be able to guide you through this process with ease and comfort. We will ensure all required documents and evidences are made known to you very early on in the process so that you can collate and provide them to us at your own pace – then leave the rest to us!

DO

  • Make sure you are completing the correct application form
  • Make sure you complete the form accurately
  • Ensure that all the requested documents have been provided
  • Ensure that all requirements for ILR have been satisfied.

DON’T

  • Underestimate the complexity of this application
  • Forget to check all the evidence you are providing
  • Forget to work out the time you have been outside of the UK correctly.
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