Indefinite leave to remain is a term that may well be familiar to you if you have some experience of the U.K. immigration system. Usually abbreviated to ILR, it allows someone living in the U.K. who was born overseas to remain in their chosen country ‘indefinitely’.
One of the most important things to remember about this immigration status, is that ILR does not equate to citizenship. The ‘Indefinite’ part of the name simply means that there is no set time limit attached to your stay in the U.K., but unlike those with full citizenship, you remain under the immigration system and as such, don’t enjoy the full benefits that British Citizenship offers.
The most obvious plus of this status, is that while in the country you no longer need to worry about renewing your visa. Most visa routes have a set timescale, at which point you may need to renew your visa, or switch to an alternative one to remain in the country. Indefinite leave to remain means you’re free from this obligation. Additionally, once you receive ILR, you’ll be able to receive NHS treatment without the need to pay the immigration health surcharge, as well as having access to benefits such as universal credit or disability living allowances, should you become unemployed or unable to work.
As mentioned however, there are some limitations to your entitlements under indefinite leave to remain. While ‘indefinite’ means there is no set time limit, it does not mean permanent or irrevocable and as such, your residency status can still be revoked by the Home Office. For example, if you initially entered the country as a refugee and the issue that prevented you from returning to your country of origin is resolved, your ILR status could be negated and removed. Similarly, if you chose to leave the U.K. for an extended period of 2 years or more, this could void your ILR status.
So how does someone obtain an ILR status?
Now we know what ILR means and what it entitles you to, lets look at what you need to do in order to obtain it. As with any other form of long term residency, there are certain criteria that you’ll have to achieve to gain ILR status. The first step is to check that the visa route you entered the U.K. with is able to lead to indefinite leave to remain upon expiry.
The time it takes to become eligible for ILR is dependent on the visa route you chose when you entered the U.K., usually falling somewhere between 2 and 5 years. Once you reach your period of eligibility, you’ll need to consider a few additional things. While living in the U.K., you will need to prove that you have lived ‘lawfully’. This means that you have followed any specific rules determined by your initial visa route.
You will need to provide proof of your ability to speak and understand English, Welsh or Scots Gaelic (depending on your country of residence) which will require you to pass a speaking and listening test to a B1 level. There are certain criteria which will allow you to bypass this test, such as your country of origin being one in which English is the majority language. You’ll also need to provide evidence that you haven’t spent more than 180 cumulative days outside the U.K in a 12 month period during the time you qualify for ILR. Following this, you’ll need to complete the ‘life in the U.K. test’.
This test is comprised of 24 questions selected from set material which shows your knowledge of U.K. culture, geography and history and costs £50 to take. The information is contained in a handbook which is available to study in preparation for the test and over the course of the 45 minute test, you need to achieve a score of 75% or more to pass. Should you fail the exam, you are able to retake it, however you should be aware that for every subsequent attempt, you will need to pay an additional £50.
In addition to this, you’ll need to provide several pieces of supporting documentation to the Home Office in order to support your application. They will require a record of your financial situation and stability, as well as your immigration history, birth or adoption certificates and any valid passport you hold. You’ll also need to provide 2 passport sized photographs alongside your application.
The standard fee for the application is £2389 which will also need to be paid for any dependents with eligibility who are applying alongside you. While an indefinite leave to remain application should be completed within six months, if you can afford the additional fees there are services which can expedite your application. A priority service costing £500 (in addition to the standard fee) will see your application processed within five working days, while an additional £800 will allow your application to be processed within 1 working day.
The final point to make about indefinite leave to remain is that while we’ve already noted the differences between ILR and British Citizenship, it does form an important step towards becoming a citizen. After possessing ILR for 12 months, you become eligible to apply for British Citizenship and all the additional benefits that those who possess it can enjoy within the U.K.
