Settlement (Indefinite Leave to Remain)
ILR: Indefinite Leave to Remain: Permanent Residence
Indefinite Leave to Remain (ILR, otherwise know as Settlement or Permanent Residence) will allow you to live in the UK indefinitely. It will allow you to leave and return to the UK as you wish, and engage in any type of employment or business. You will no longer have any immigration restrictions. There is no time restriction on your stay in the UK once ILR is approved.
A UK permanent residency stamp can be granted once you have been living in the UK for the required time, as indicated below. Eventually you may then apply for British Nationality.
You must spend a number of years in the UK, depending on your immigration status, before you can apply for Permanent Residence.
Work permit, HSMP, Tier 1 General, Investors, Tier 1 Invester,
Artists, composers, Writers, Sole representatives, Business Person, Tier
Retired person of independent means
Unmarried partner of a UK national or a person settled in the UK,
Marriage to a UK national or a person settled in the UK
Marriage to an EEA national, EEA national and family members
Any combination of unlawful or lawful stay
Any combination of lawful stay
You can apply for ILR one month prior to the completion of your visa. If you have spent part of your stay on a Work Permit, and the remainder on HSMP or Tier 1 General, you may combine the time spent on each to meet the five year requirement.
You will need to show that you will continue to meet the requirements of your current visa to be eligible for ILR. You need to have stayed in the UK for most of the time that you have held your visa. You are allowed to have travelled abroad during your this period, as long as this was not for extended periods. If you have spent large periods of time outside of the UK, it may be difficult to obtain ILR approval.
You must also plan to remain present and settled in the UK.
You will need to provide a range of documentation, including passports and evidence to demonstrate your eligibility as part of your ILR application.
If you do not meet the requirements for Indefinite Leave to Remain at the expiry of your visa, you may be eligible for an extension instead.
Life in the UK Test
As of 2nd April 2007, you will be required to take the Life in the UK test before applying for Permanent Residence. The UK government’s Life in the UK test result can also be used for your Citizenship application, that is, you will not need to take the test a second time.
Once you have been granted Indefinite Leave to Remain you should not spend more than two years outside of the UK at a time. Living outside of the UK for an extended period may result in your ILR being cancelled.
When you are away from the United Kingdom, you should maintain personal and financial ties to the UK. Staying in the UK for a short period of time each year for a number of years may also lead to ILR being withdrawn.
After a year with Indefinite Leave to Remain, you may qualify for Citizenship. There are further eligibility requirements for UK Citizenship.
Do I need a lawyer?
Applications for ILR/Settlement must be thought out and well prepared. The government fee for this application is very high, and an application that needs to be resubmitted a second time will need to be accompanied with a second payment of the government charge.
Our lawyers will assist you in ensuring this does not happen to you. HS Legal will assign a qualified lawyer to your ILR case, to ensure that nothing is missed. Complete our query application now, for an initial assessment.