Indefinite leave to remain (ILR)

In legal terms, indefinite leave to remain (ILR) is an immigration status that allows visa holders to stay in the United Kingdom for as long as they want. It is also known as permanent residency, settlement, or settled status. ILR gives people the right to reside and work in the United Kingdom without restrictions. After visa holders have lived in the United Kingdom for a certain amount of time, they can apply for ILR. Holders of various visas are eligible for ILR based on the type of visa and the amount of time they have been in the United Kingdom on that visa.

ILR status is a step above extending one's stay in the United Kingdom. It is a step toward applying for naturalization to become a British citizen. Most immigrants can apply for citizenship after holding ILR status for one year.

Background

Visa holders who apply for ILR in the United Kingdom are looking to do more than extend their leave. They want to settle in the country and maintain an ordinary residence there.

Some categories of immigration status in the United Kingdom do not lead directly to ILR. These include students, visitors, and temporary workers. In these cases, individuals must leave the country at the end of the permitted period abroad. They usually cannot switch to a category that would qualify them for permanent residence due to restrictions in UK immigration rules.

However, other immigration categories do allow for people to stay in the United Kingdom with the prospect of residing there permanently. These categories include spouses and unmarried partners who are in relationships with British citizens and ILR status holders. Typically, spouses and partners have a five-year probation periods before becoming eligible for ILR, though individual circumstances can vary.

Previously, the United Kingdom granted ILR to refugees or people given humanitarian protection. Since 2005, however, the country has granted a standard five years of leave. At the end of the five years, refugees may apply for ILR status.

Since 2013, applicants for ILR must demonstrate adequate knowledge of the English language and daily life in the United Kingdom. To meet the language requirements, applicants must pass the "Knowledge of Language and Life in the UK" (KoLL) test and meet a B1 level English. However, the language and awareness requirements are waived for applicants under the age of eighteen and over the age of sixty-five.

ILR allows the holder of this status to exit and reenter the country numerous times. Once ILR has been granted, a person must not live outside of the United Kingdom for two years or the status could be rescinded.

People who have been granted ILR have the same rights to employment and healthcare as British citizens. They can change jobs without conditions. They can use the National Health Service, the country's public health care system that provides mostly free medical services and treatments to ordinary UK residents.

Overview

Visa holders must meet specific eligibility requirements to apply for ILR in the United Kingdom. The years of residency required to be eligible for ILR vary from five years to twenty years. Visa holders should apply for ILR status before their leave expires. An individual may apply for ILR based on the following visa types, circumstances, and years spent in the United Kingdom:

• Spouse or partner visa: Visa holders who are married or are in a relationship with a British citizen or ILR holder can apply for ILR after five years.
• Ancestry visa: People who have a grandparent that was born in the United Kingdom can apply after spending five years in the United Kingdom.
• Work visa: People who have had a Tier 1 or Tier 2 visa can apply after five years, though some Tier 1 visa holders can apply after two or three years, and Innovator Founder or Global Talent visa holders can apply after three years.
• Individuals who have stayed for five years to establish or invest in a business.
• People who have spent five years in the United Kingdom as the sole representative of a company or organization.
• Journalists who have stayed in the United Kingdom for five years working for an international news agency, broadcaster, or newspaper.
• Individuals who have spent five years as a minister, missionary, or member of a religious order.
• People who have stayed in the United Kingdom for five years as a writer, an artist, or a composer.
•  EU Settlement Scheme (EUSS): Citizens of the European Economic Area (EEA) and their family members can apply after five years in the United Kingdom. The EEA is made up of countries in the European Union along with Iceland, Norway, and Liechtenstein. The application deadline for many was June 30, 2021, but some extensions are still valid, especially those who were living in the UK prior to December 31, 2020.
• Legal stay on any basis: People who have spent ten continuous years legally in the United Kingdom.
• Illegal stay on any basis: People can apply after twenty continuous years in the United Kingdom if any part of that period was spent there illegally.

After receiving ILR, people can apply for British citizenship through the process of naturalization. According to the UK government, individuals who have held ILR status for twelve months (in addition to other requirements) are eligible to apply for naturalization. ILR holders who apply for British citizenship do not have to retake the Life in the UK test.

ILR allows immigrants to become permanent residents of the United Kingdom, able to work and live there without conditions. The process is a stepping stone for immigrants to attain British citizenship.

Bibliography

Alexandrou, Stavriana, et al. “More Changes to the EU Settlement Scheme.” Kingsley Napley, 19 June 2024, www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog/more-changes-to-the-eu-settlement-scheme. Accessed 3 Jan. 2025.

Andonian, Bernard. “A Guide to the UK 20-Year Residence Rule in 2025.” Gulbenkian Andonian Solicitors, 9 Dec. 2024, www.gulbenkian.co.uk/20-years-long-residence-guidance/. Accessed 3 Jan. 2025.

“Apply to the EU Settlement Scheme (Settled and Pre-Settled Status).” GOV.UK, www.gov.uk/settled-status-eu-citizens-families/eligibility. Accessed 3 Jan. 2025.

"Check If You Can Become a British Citizen." UK Government, 29 Mar. 2017, www.gov.uk/becoming-a-british-citizen. Accessed 3 Jan. 2025.

Clayton, Gina. Textbook on Immigration and Asylum Law. 7th ed., Oxford UP, 2016.

Collins, Matthew, and Nicky Barclay. How to Live and Work in the UK. How To Books, 2010.

“EU Settlement Scheme: Family Permit and Travel Permit (Accessible).” GOV.UK, 26 Sept. 2024, www.gov.uk/government/publications/eu-settlement-scheme-family-permits/eu-settlement-scheme-family-permit-and-travel-permit-accessible. Accessed 3 Jan. 2025.

Grimes, Anne, and Fidelma O'Hagan. "Immigration." Human Rights in Northern Ireland: The CAJ Handbook. Edited by Brice Dickson and Brian Gormally, Hart Publishing, 2015, pp. 147–78.

Knight, Julian. The British Citizenship Test for Dummies. 2nd ed., John Wiley & Sons Ltd., 2007.

“NHS Entitlements: Migrant Health Guide.” GOV.UK, www.gov.uk/guidance/nhs-entitlements-migrant-health-guide. Accessed 3 Jan. 2025.

Okeregha, Ono. “Indefinite Leave to Remain.” Immigration Advice Service, iasservices.org.uk/indefinite-leave-to-remain/. Accessed 3 Jan. 2025.

Rutter, Jill. Moving Up and Getting On: Migration, Integration and Social Cohesion in the UK. Policy Press, 2015.

“UK Spouse Visa Requirements and Guidance 2025.” Richmond Chambers, immigrationbarrister.co.uk/personal-immigration/partners-family-visas/spouse-visa/. Accessed 3 Jan. 2025.

"Visas and Immigration." The UK Government, www.gov.uk/browse/visas-immigration. Accessed 3 Jan. 2025.