
For those who have spent several years in the UK and wish to make it their permanent home, the Indefinite Leave to Remain (ILR) option stands tall. Workers holding a Skilled Worker visa or Innovator, Investor, or Sole Representative visas can explore this route to solidify their stay in the UK.
Indefinite Leave to Remain (ILR) opens the doors to a life in the UK devoid of constraints. While often referred to as Permanent Residence, it’s distinct from the concept. Permanent Residence was designed for EEA nationals under the EU free movement of people. ILR, on the other hand, embraces non-EEA and non-EU nationals who aren’t eligible for settlement via the EU settlement scheme.
Gaining ILR status is akin to embracing freedom. Individuals with ILR are free to live, work, and relish life in the UK indefinitely. They can access state benefits as eligible, though they don’t attain British Citizenship. While they can travel in and out of the UK with ease, prolonged absence beyond two years might risk losing ILR status.
The eligibility for ILR varies based on the applicant’s current visa category and UK status. Not all visas pave the way to ILR; Start-up, Tier 4 (Student), and Tier 5 (Temporary) visas are exceptions. The required duration of residence in the UK prior to application also hinges on specific situations.
Key eligibility criteria include:
Visas like Spouse, Family, and Long Residence may also lead to ILR.
Apart from meeting the criteria, applicants must furnish some essential documents such as::
Dependents, including partners and children under 18, can apply alongside the main applicant if they meet the eligibility criteria. Partners need to have lived with the main applicant for at least five years and satisfy financial criteria. Children must meet certain requirements as well.
To secure ILR, apply before your current UK permission expires to avoid overstay consequences. Overstaying can lead to removal, refusal of further leave, and legal action. If your ILR application is pending, your UK stay remains valid until a decision is reached.
The process might involve attending a UKVAC centre for an interview if applying within the UK. Online submissions are common, and the Home Office aims to decide within six months.
The Home Office application fee is £2,389 per applicant. Expedited decisions come at an additional cost (£500 for a 5-day decision, £800 for a 2-day decision).
Navigating ILR applications requires familiarity with evolving rules and guidance.Seek expert advice from our experienced business immigration lawyers for accurate guidance.
You’re welcome to call us on +44 020 7903 6888 or email us at contact@davenportsolicitors.com. We aim to reply within 24 hours.