Indefinite Leave to Remain (ILR) in the UK is granted for people who have resided in the UK for a specific period of time depending on their visa route. Once you have been granted indefinite stay you can remain in the UK permanently without any time restrictions.
Indefinite Leave to Enter (ILE)
Applications for Indefinite Leave to Remain are normally submitted in the UK after a person is resident in the UK for a certain period of time. However, there are some categories of visa applicants that are granted Indefinite Leave to Enter the UK before they actually travel here, for example refugees who are resettled in the UK through the UNHRC Gateway Protection Programme or children of British citizens.
When can you apply for Indefinite Leave to Remain?
| Current Visa Route | Years spent in the UK |
|---|---|
| Tier 1 (General) | 5 (open only until 6 April 2018) |
| Tier 1 (Exceptional Talent) | 5 |
| Tier 1 (Investor) | 2, 3 or 5 depending on level of investment |
| Tier 1 (Entrepreneur) | 5 |
| Tier 2 Work Permit Applications (General) | 5 |
| Tier 2 (Intra-company Transfers) | 5 |
| Tier 2 (Sportsperson) | 5 |
| Tier 2 (Minister of Religion) | 5 |
| Tier 5 (Temporary Worker) | 5 (only for those in the UK with leave in the international agreement sub-category of Tier 5 and working as a private servant in a diplomatic household and have last been granted entry clearance in this capacity under the Immigration Rules in place before 6 April 2012) |
| Partners of British citizens or those present and settled in the UK | 5 or 10 |
| Long lawful residence in the UK | 10 |
| Discretionary leave to remain (outside of the Immigration Rules) | 6 |
| Refugee and humanitarian protection leave | 5 |
| EEA residence card/ registration certificate | 5 |
What are the requirements to apply for ILR in the UK?
If you are 18 to 64 years old and you apply for ILR in country you must meet life in the UK test and English language requirements unless you are exempt, for example you are a refugee.
Other requirements, including qualifying period of time you must have stayed in the UK, depend on your current visa type, on the date you arrived in the country and your immigration history.
Our immigration specialists are here to carefully guide you through all the requirements and advise you individually whether you qualify to be granted settlement in the UK.
Check if you are eligible to apply for settlement in the UK.
Can you lose Indefinite Leave to Remain?
It is important to know that if you have ILR in the UK and you have been outside of the UK for a continuous period of 2 years you may lose your indefinite status.
If you are considering moving abroad after you have been granted ILR in the UK it is advisable to apply for British Citizenship before you move permanently. Please call us on 01603 927676 to speak to one of our immigration experts for more information.
Your indefinite status can also be revoked on the basis of your criminal record if the Secretary of State decides to deport you to your country of origin.