Indefinite Leave to Remain (ILR)

1. Visa categories that can lead to Indefinite Leave to Remain include:

• spouse visa, Civil Partner visa, Unmarried Partner visa (after five or ten years). These 
 three categories all have the same settlement rules. The five-year route to settlement will be followed if the applicant satisfies all of the requirements; if not, the ten-year 
 route will be followed. However, whether a settlement is obtained after five or 10 
 years, it has the same standing once it has been reached;
• Dependent relatives Visa, either Child, Parent, or Adult (the period varies depending on the situation.) After five or ten years, a parent or child may be eligible for settlement. The required period for an Adult Dependant Relative varies, depending on the situation of their sponsor. In certain circumstances, a settlement may be obtained right away;
• business/working/investment visas – in most cases settlement can be acquired after five years but some routes offer settlement in three years or even two years. In some cases leave held under different visas can be combined;
• EEA nationals and dependants, UK Ancestry visa – in every case the required period is five years;
• Long residence (after ten years of legal residence in the UK) – the applicant must demonstrate that they have lived continuously lawfully in the UK for that period, under any type of visa or combination of visas;
• Refugee/Humanitarian Protection status – the required period for settlement will be either five years or ten years, depending on whether the supplicant has been granted refugee status or Humanitarian Protection status and on which type of refugee leave they were granted.

2. Check if you can get indefinite leave to remain

To settle in the UK, you need an indefinite leave to remain. Another name for it is “settlement.” You can live, work, and study here for as long as you like, and if you qualify, you can also claim benefits. It is an application for British citizenship.

You might be able to apply for settled status under the EU Settlement Scheme if you or your family member is a citizen of the EU, EEA, or Switzerland.

3. Requirements for ILR and Settlement in the UK

There are various exceptions to the general rules for Indefinite Leave to Remain, although most of them include the following:

• pass the Life in the UK Test
• not to have spent too much time outside the UK
• satisfy an English language requirement

When requesting indefinite leave to remain as a spouse, civil partner, or unmarried partner in the UK, you must have lived there for five or ten years as the partner of a British citizen, an individual with permanent residence, or another qualifying sponsor.

When requesting Indefinite Leave to Enter or Remain as an Adult Dependent Relative or Child, you must provide proof that you can live comfortably and receive the necessary care without using government funds. It is not necessary to pass the Life in the UK test, nor is there an English language requirement.

The eligibility criteria may vary depending on the five-, two- or ten-year route. Check the letter you received from the Home Office when your “leave to remain” was last granted if you’re unsure which route you’re on.

4. If you have family in the UK

If you have a partner, parent, child, or other relative living in the UK, either as a British citizen or as a person with indefinite leave to remain, you might be eligible to apply. What kind of visa you have and how your family members settled will determine on how to apply.

There are other ways to apply if:

• your partner has died
• your relationship ended because of domestic violence

5. Apply for family visa as a partner

You may be able to apply for indefinite leave to remain if you have a family visa as a partner or spouse or your partner is settled in the UK. It could be a British citizen or a person with indefinite leave to remain.

The basis for your existing visa must be your partnership. You must be either:

• a husband, wife or civil partner
• in a relationship that’s like a marriage or civil partnership for at least 2 years

In addition, you must plan to maintain your relationship after applying and have lived together since your last visa renewal.

You must have been living in the UK on your family visa as a partner for at least 2, 5 or 10 continuous years to be on the 2, 5 or 10-year route.

You cannot include the time you’ve spent in the UK on any other visa and as a fiancé, fiancée or proposed civil partner.

6. Financial requirements

If you’re on the 5-year route

The combined annual salary of you and your partner must be at least £18,600.

The ‘minimum income requirement’ also includes extra money if you have children who:

• are not British or Irish citizens
• are not permanently settled in the UK
• do not have pre-settled status

If you need to provide extra money for your children, you’ll need to earn an extra:

• £3,800 a year for your first child
• £2,400 a year for each child you have after your first child

If you’re on the 2 year route

You need to be able to support and maintain your family without relying on government assistance.

If you’re on the 10-year route, there would be no financial requirements.

7. Including your children on your application if you’re on the 5 or 2 year route

If your children meet the requirements, you can add them to your application. The requirements vary depending on the age. If you’re on the 10-year route, you cannot include your children in your application.

Children under 18

You can add your child to your application if they have permission to be in the UK as a dependant on your family visa or continue to live with you and be supported by you without using public funds.

Your partner must be your child’s other parent unless:

• you have sole responsibility for your child’s upbringing
• your child’s other parent is dead
• there are serious or compelling reasons why your child should be allowed to stay in 
 the UK

In cases where the biological parent has passed away, “parent” refers to the adoptive parent, stepparent, or biological parent.

Children 18 and over

Children 18 and over must have obtained authorization to be in the UK as dependents under your family visa. They must still not be able to support themselves. They also need to meet the English language requirements and pass the Life in the UK Test.

8. How to apply

When applying you need to:

• give proof of your income and where you live
• prove you have lived in the UK with your partner since you got your last visa
• prove that your relationship with your partner is not fake

You have to apply online. The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK. If you apply sooner, your application can be rejected.

You should not wait until your current visa expires. You must renew your visa if it expires before you may submit an application for indefinite leave to remain.

9. How can our company help?

Our highly skilled team of Immigration Advisers can offer you advice and support to help you meet the requirements of the Home Office if you’re looking to apply for Indefinite Leave to Remain status.