You must meet a variety of qualifications and conditions to be eligible for Indefinite Leave to Remain. A foreign national’s right to indefinite leave to remain in the UK is determined by their immigration category and the grounds on which they file their ILR application. For example, if you have lived in the country for ten years, you are eligible to apply for an ILR. The fundamental condition for UK ILR is that you have lived in the UK lawfully for a period of time, usually five years. However, this is insufficient for ILR on its own.

You must already be settled in the UK. Settled status means that the applicant has lived in the UK on another visa for at least four years.

Two years (5 years if application was made after 9th July 2012) settlement is required if you have been in the UK with a Marriage Visa or an un-married partner.

Students are excluded from applying for Indefinite Leave to Remain (ILR) unless they have completed 10 years of legal residence.

For eligibility for Indefinite Leave to Remain you must provide UK visas and immigration evidence such as:

• You must show evidence that you have lawfully resided in the United Kingdom for the relevant period.

• You must demonstrate that you have not exceeded the allowed absences of 180 days from the United Kingdom for every 12 months of your qualifying period.

• A Life in the UK test must be passed.

• A required standard of English must be provided which is at least B1 level.

• You must not have received any criminal convictions or breaches of your immigration status unless the allocated time has passed depending on your sentence.

Our years of expertise can handle, book and provide evidence to help you meet all these criteria as well as advise you on any personal circumstances that may affect your application. 

To check if you pass any of the above qualifications, contact us on 0207 504 1306  and our Immigration Lawyers will be happy to assist you

Usually, the time you spend in the UK on a long-term visa will usually count toward meeting the residency criteria for Indefinite Leave to Remain and British citizenship. These includes,

• Spouse visa   /    Unmarried partner visa (after 2 years for visas issued prior to 9 July 2012)

• Tier 1 visa / UK work permit (after 5 years)

• UK ancestry visa (after 5 years)

• EU nationals and dependents (after 5 years)

• Long residence (after 10 years legal residency in the UK) 

Short-term visas/immigration permissions, such as Temporary Work Visas or Standard Visitor Visas, do not count toward the UK ILR minimum resident requirements or permanent residence.

Which visas are exempt from the Indefinite Leave to Remain (ILR) five-year residency rule?

• Exceptional Talent Visa – Eligible after three years if the most recent endorsement was given under the “exceptional talent” or “exceptional promise” criteria for the Royal Society, Royal Academy of Engineering, or British Academy.

• Investor Visa – Depending on the amount of investments made – Eligible after 2 or 3 years

• Global Talent Visa – If the latest endorsement was provided under the “exceptional talent” or “exceptional promise” criteria, or under the UK Research and Innovation “endorsed funder” fast track criteria, then these visas are eligible after three years.

• Entrepreneur Visa –  Depending on the business activity,  eligible begins after 3 years,

• Innovator Visa – Depending on the achievements of the business, eligible after three years.

How Can I avoid my Indefinite Leave to Remain (ILR) application from being rejected?

Being a complicated application, by contacting our Immigration Lawyers at Global Law Immigration consultancy, you will have a better chance of getting ILR and avoiding mistakes that could result in your application being denied. Our knowledgeable and experienced Immigration Lawyers can advise you on your eligibility for Indefinite Leave to Remain and the standards you must meet. We will analyse your specific circumstances and provide tailored counsel to assist you in achieving settled status.

For immediate assistance to answer any questions you may have about Start Up, please call us on 0207 504 1306 and we will be happy to assist you.

How can we help you?

• A detailed assessment of your personal circumstances

• Ensure that you have the correct documentation to strengthen your case

• The completion of your Indefinite Leave to Remain (ILR) application

• Submission of your Indefinite Leave to Remain (ILR) application

• Contact you with the confirmation of your Indefinite Leave to Remain (ILR) application

• Speak to our specialist immigration advisors who have expert knowledge.

Please call us on 0207 504 1306 No Obligation Form at the Top of this page and one of our Immigration Legal Representative will contact you as soon as possible.