Indefinite Leave to Remain or ILR application as we know it is a type of application that you must apply for, if you are planning to live in the United Kingdom and want to become a UK citizen. There are various documentation requirements that must be fulfilled. This application is not easy to apply for and it is recommended to reach out to Birmingham Immigration lawyers to make your Immigration to the UK as easy as possible.
Below is the general requirement for an ILR:
- During the visit, no immigration or criminal laws should have been breached.
- During the eligibility period, a person may not spend more than 180 days annually outside of the UK.
- Must have spent at least 5 years within the UK.
- You should pass an exam on British history, culture, and traditions called “Life in the UK.”
- You should provide documentation proving that your English is at the B1 level.
Some individuals get UK citizenship without obtaining an ILR visa, including:
- Those who qualify for British citizenship by ancestry or other similar means.
- British nationals or the dependent child of a United Kingdom resident.
- Refugees from the Gateway Protection Program settled in the UK.
Types of Visas
Below are different types of visas that can lead to obtaining ILR status if all other requirements are fulfilled:
- Spouse visa
- Returning resident visa
- Unmarried partner visa
- Long residence visa
- Family visa
- Retired person visa
- Global talent visa
- UK ancestry visa
- Investor visa (Tier 1)
- Specialist or senior worker visa
- Innovator visa
- Start-up visa
- Minister of religion visa (T2)
- Sportsperson visa (T2)
- Skilled worker visa
As mentioned earlier, before you are qualified to submit an application for indefinite leave to stay in the UK, you must have lived in the country for at least five years. You may, however, file for ILR earlier than 5 years, based on specific situations. The following is a list of the visa categories based on your period of stay in the UK:
Residing for 5 Years
The UK ancestry visa, skilled worker visa, spouse visa, long-term work visa, unmarried partner visa, and family visa are among the visas that call for a minimum five year stay in the UK.
Residing for Less Than 5 Years
The investor visa (tier 1), Global talent visa, Entrepreneur visa, and Innovator visa are among the visas that don’t call for a minimum of 5 years of residence in the UK. After three years, the innovator visa still allows for ILR based on professional achievements. If the prior confirmation was submitted under “exceptional promise,” “UK research and innovation fast track,”or “exceptional talent,” the global talent visa also qualifies for ILR after three years. Depending on their company success and activities, holders of investor visas become qualified for ILR after 2-3 years.
A Commonwealth national who served in the British Armed Forces is qualified for the ILR application after 4 years of residence in the UK. In contrast, those who live in long-term residence situations must have been there for at least 10 years if they are over 18 and for seven years if they are under 18 in order to qualify for ILR.
ILR Form and Fees
To obtain ILR, you must submit Form Set (M) or Form Set (O). Anyone applying as the spouse, parent, or partner of someone who is already a resident of the UK may use Form Set (M). For those residing on a skilled worker, investor, global talent, long-term worker, UK heritage, or PBS dependent visa, Form Set (O) is acceptable.
The average processing time for an application is 6 months, and the present visa fee for 2022 is 2,389 pounds per applicant. In addition, you’ll need an extra 19 pounds for registration of biometrics. The same fees apply to all dependents applying for a family visa, and an extra 500 pounds or 800 pounds will be charged if priority or extremely urgent processing is needed to process the application in 5 working days or one day.
Recipients of ILR, which is a type of permanent residency, will be allowed to stay in the United Kingdom without facing any limitations. You will have the freedom to work, pursue further education, and access free NHS healthcare in the United Kingdom. However, you visa can also get revoked due to the following reasons:
- You no longer qualify as a refugee because you received ILR as a refugee.
- Although you are subject to deportation, it is not lawful to do so.
- It was discovered that you obtained ILR by fraud.
- You do not stay in the United Kingdom and leave for more than two consecutive years.