North West Solicitors helping you gain Indefinite Leave to Remain status
Indefinite Leave to Remain (ILR), also known as ‘settlement’, allows overseas nationals who have been living in the UK typically for more than five years to apply for permanent residence. Indefinite Leave to Remain gives you the right to live, work and study in the UK for as long as you like. It also gives you access to certain support, for example, benefits, if you are eligible. Broudie Jackson Canter’s Immigration solicitors have many years of experience helping people successfully gain ILR status.
Book a ‘Where Do I Stand’ consultation with a member of the team today to discuss your options.
There are many ways to get ILR status, and each route has different requirements. For example, the route to successfully obtaining ILR status if you have been living in the UK for five years with a work visa is different to the route you will take if you are a Commonwealth citizen or a refugee. This page will give you the information you need to start that process, regardless of what route you will take. If you aren’t sure which route is best for you, get in touch with our experts who will be happy to advise.
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Basic requirements for Indefinite Leave to Remain status
While there are many routes with their own requirements, there are some requirements that all applicants must meet to be able to make an Indefinite Leave to Remain application. The most important being lawfully living in the UK for a certain period of time.
Other requirements include:
- No breach of immigration laws during your stay in the UK and no criminal record.
- A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
- Passing the Life in the UK test, a governmental test based on British culture, history and traditions.
- Passing an approved English language test.
Below are some of the requirements that you will have to meet based on your individual circumstance.
Indefinite Leave to Remain status if you work in the UK
If you are lawfully living and working in the UK, you will have to have met the minimum duration requirement to be able to apply for Indefinite Leave to Remain. That minimum requirement depends entirely on the type of visa you currently hold. You must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can be 2 or 3 years. If you have an Innovator or Global Talent visa, it can be 3 years.
The types of worker visas eligible for this route are:
- Global Talent Visa
- Investor Visa (Tier 1)
- Innovator Visa
- Start-Up Visa
- Skilled Worker Visa
- Sportsperson Visa (T2)
- Minister of Religion Visa (T2)
- Senior or Specialist Worker Visa
If you hold one of the above visas and are seeking Indefinite Leave to Remain, our Immigration solicitors may be able to help you.
Indefinite Leave to Remain status if you have family in the UK
The application and requirements are slightly different if you already have a family member settled in the UK. If they are a British citizen or have ILR, you may also be able to apply for Indefinite Leave to Remain.
You can apply as:
- A partner - With your family visa
- A partner - As a dependant on your partner’s work visa
- A parent - With your family visa
- A child - With your family visa
- A child - As a dependant on your parent’s work visa
- An adult dependent relative on a family visa
For all of the above, you must hold a valid visa, either spouse/partner or family or be a dependant on your loved one’s work visa. Your eligibility will also depend on whether you are on the 2, 5, or 10-year route. If you’re unsure what route you’re on, you can check your letter from the Home Office confirming your Leave to Remain status.
Our legal team will be able to advise you through this complex process, get in touch to discuss your eligibility.
Indefinite Leave to Remain status if you’re a Commonwealth citizen
You can apply for Indefinite Leave to Remain if you’ve been living in the UK for 5 years on a UK Ancestry visa.
Some Commonwealth citizens have ‘right of abode’ in the UK. This means you can live or work in the UK without immigration restrictions.
You may be eligible for citizenship instead, for example by applying under the Windrush scheme.
Indefinite Leave to Remain status if you’ve lived in the UK for 10 years
If you have lived in the UK lawfully for 10 years or more already, you will need to take the long residence route. To be eligible for this route, you must:
- Have permission to live and work in the UK, either via a visa or through another immigration scheme.
- Have been in the UK for 10 years without gaps.
- Pass the Life in the UK test.
- Meet the English language requirements.
- Not have spent continuous periods of time in prison, young offender institutes, or a secure hospital, or;
- Ireland, the Isle of Man, or the Channel Islands.
You can leave the UK during the continuous residence for up to 180 days at a time, or 540 days in total.
Indefinite Leave to Remain status if you are a refugee
After five years in the UK as a refugee or with humanitarian protection, you can apply for indefinite leave to remain. There is no Home Office application fee. The requirements are:
- That you have resided in the UK for the last five years
- That you have not returned to the country you sought protection from or asked for any consular assistance from them
- You do not have any character issues that would make granting indefinite leave to remain inappropriate
The Home Office are entitled to check the situation in your country of origin to see if there has been a change of circumstances that means it would be safe for you to return, however this is not a normal occurrence.
Why choose Broudie Jackson Canter?
Our Immigration experts have significant experience in dealing with British citizenship applications. No matter where you are in the process of your application, you will feel more knowledgeable and confident with the help of an expert. We offer a ‘Where Do I Stand’ consultation meeting that allows you to gain clarity on the process and what you need to do.
Regardless of if you want us to prepare your application for you or simply perform a document check on your evidence, our trusted experts will support you every step of the way.
Call our Liverpool team on 0151 227 1429. Alternatively, you can make an enquiry or request a callback at a time that is convenient for you.