Why apply for ILR?

  • 1.2 Million ILR issued in YE 2023
  • ILR lead to a British citizen
  • Engage in work, study, and business freely
  • No need to apply for extensions
  • Access to public funds
  • Free healthcare
  • Apply for British Citizenship after 2 years

What is ILR?

ILR is referred as Indefinite Leave to remain that lead to UK permanent residency.

If an individual is residing in the UK for a long period of time then that leads to settlement. In that case, that individual must be eligible to apply for Indefinite Leave to Remain (ILR).

With ILR, an individual can stay in the UK without any conditions. An individual can work, study, or engage in business indefinitely. ILR allows an individual to apply for British citizenship.

Benefits of ILR

Once an individual gets a permanent settlement under Indefinite Leave to Remain, then they can claim public funds such as:

  • Universal Credit
  • Personal Independence Payment
  • Help with housing from the local authority
  • Attendance allowance
  • Carers allowance (previously invalid care allowance)
  • Child benefit
  • Council tax reduction
  • Domestic rate relief (in Northern Ireland)
  • Council tax benefit
  • Disability living allowance
  • Housing benefit
  • Income support
  • Income-based jobseeker’s allowance
  • Income-related employment and support allowance (ESA)
  • Severe disablement allowance
  • Social fund payments
  • Child tax credit
  • Working tax credit
  • State pension credit
  • No need to pay the immigration health surcharge

 

Types of ILR routes:

Not all visas provide a route to ILR. Some of them offer visa routes to ILR in specific categories, such as:

ILR based on Work Visa:

  • Tier 2, T2, International Sportsperson or Skilled Worker visa
  • Scale-up Worker visa
  • Global Talent visa
  • Tier 1 Entrepreneur
  • Investor visa
  • Innovator visa
  • Representative of an overseas business
  • Turkish Worker or Businessperson visa
  • Private servant in a diplomatic household with an International Agreement visa, or a domestic worker

ILR for Dependants:

This option is only available when any family member is already settled in the UK. They must have either a British citizen or UK-settled status. The eligible routes are:

  • Spouse visa (partner visa)
  • Parent visa
  • Child dependent visa
  • Adult dependent relative visa
  • Private life route
  • If your partner is deceased
  • If your relationship has ended due to domestic violence

ILR based on nationality:

Ancestry visa holders can become eligible for ILR after five years in the UK. Residents in the UK with the Right to Abode in the UK can live and work in the UK free from immigration restrictions and be eligible for citizenship.

Other ILR routes:

Additional ways to IRL routes:

  • Discretionary leave
  • Status as a refugee or humanitarian protection
  • Returning residents who have previously held ILR are refugees or have humanitarian protection or Discretionary Leave
  • Armed forces personnel

When can an individual apply for ILR?

ILR is only available to those residing in the UK for a certain period. This residency period will satisfy the Home office that they are living in the UK and intend to stay here as a permanent resident.

Different type of time period ILR routes:

Apply for ILR after 5 years

If an individual resided in the UK for more than five years on a valid visa, they are eligible for Indefinite Leave to Remain. The following visas are available for IRL routes:

  • Skilled worker visa, the minister of religion T2 visa or the Tier 2 (minister of religion) visa, the sportsperson T2 visa or the Tier 2 (sportsperson) visa
  • Business visas include the Turkish Worker or Businessperson Visa
  • Global Talent Visa (in some cases)
  • Scale up visa
  • Innovator Visa
  • Tier 1 (Entrepreneur) Visa
  • Family members include spouse, parents, children, and dependent adults
  • Tier 5 (International Agreement) visa
  • Ancestry visa

Ten year ILR route 

If an individual has resided in the UK for at least ten consecutive years. In that case, they can qualify for the ten-long residency route regardless of the sort of visa they apply with as long as that person is residing legally in the UK during that time.

ILR after 2 or 3 years

ILR is available to visa holder under certain business routes after 2-3 years. These include:

  • Innovator visa
  • Entrepreneur visa
  • Investor visa
  • Global talent visa

Eligibility of UK ILR:

  • Lawful resident in the UK for a continuous period.
  • Not being absent from the UK exceeding 180 days in any 12 months of the qualifying period
  • Prove of passing a life in the UK test.
  • Ability to speak English

How to apply for UK IRL?

Step 1: Check the eligibility criteria

Step 2: Choose the type of ILR visa through which you can apply further

Step 3: Arrange the checklist of documents required

Step 4: Apply online and pay the fee

Step 5: Get the ILR

What is Life in the UK?

One must pass the Life in the UK test to apply for ILR. The Life is UK test consists of multiple-choice questions focused on the UK's history, customs, and cultures. To pass the test, one must score at least 75%.

After passing the test, the individual will receive a unique reference number to be used while making an ILR application.

Processing time of ILR

The processing time of IRL (Indefinite leave to remain) should be submitted within the UK. The application takes six months to be decided.

Processing fees of ILR:

The ILR processing fee is £2,404 per applicant as of 6 April 2022.

You will also have to pay a fee to submit your biometric information, which is £19.20.

How does Y-Axis support overseas settlement?

  • Expertise and Compliance: Our immigration experts ensure your application aligns with the latest overseas immigration laws, providing legal insight and compliance.
  • Tailored Solutions: Y-Axis offers personalized guidance tailored to your unique needs and objectives for a streamlined overseas settlement process.
  • End-to-End Support: From documentation to application submission, we provide comprehensive support, ensuring a hassle-free experience.
  • Strategic Case Approach: Y-Axis crafts a unique strategy based on your industry and specific requirements, enhancing your chances of obtaining a settlement visa.
  • Transparent Practices: We maintain clear communication, keep you informed at every stage, and uphold ethical standards in handling your application.

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Frequently Asked Questions

What is the earliest date to apply for ILR?

If an applicant has entered the UK within three months of their visa being issued, they can apply for 28 days before the visa's issue date.

What are the requirements of ILR?

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

Can an individual apply for an ILR before 28 days?

An individual can apply for ILR application up to 28 days before the end of the qualifying period. If an individual uses earlier, they might not get accepted and will most likely be refused. However, an individual needs to apply before the permitted stay in the UK ends.

Can an individual apply for ILR after three years?

If an individual has an Innovator or Global Talent visa, they are eligible for ILR after three years with conditions applied.

What to do if an applicant's ILR gets refused?

If the ILR application is rejected, one can gain settlement in the UK with the proper guidance. An applicant can prove their ILR application is correct through:

• You may appeal the decision if you prove that your application for indefinite permission to remain was based on grounds protected by human rights.

• If you feel UKVI made a mistake by rejecting your application, you may request a judicial review.

• An administrative review is necessary to contest the refusal's legal justification.

• In some circumstances, submitting a new application for ILR would be desirable.