Indefinite Leave to Remain

Indefinite Leave to Remain (ILR)

Gaining Indefinite Leave to Remain is a crucial step toward securing your permanent residence in the UK. Fill out the form to begin your journey toward settling in the UK for good.

Reuniting with loved ones. Whether you’re applying as a partner on a family visa, a child dependent on a parent’s work visa, or an adult dependent relative, our experts at Batley Law are here to support you through every challenge. We ensure you feel confident and secure as you take this important step toward being closer to your beloved child.
We’ve highlighted a few key points that you might find helpful as you navigate this process.

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What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain in the UK grants you the freedom to live, work, and study without time limits or immigration restrictions. Often known as settlement, this status marks the end of needing to apply for extensions or further leave, giving you the stability to fully settle in the UK.

It’s typically granted after 2, 5, or 10 years, depending on the type of visa you hold. It is ideal to apply for Indefinite Leave to Remain after 5 years of living in the UK. With this status, you can also access public benefits, making it a crucial step toward making the UK your permanent home.

When can I apply for Indefinite Leave to Remain?

The criteria for Indefinite Leave to Remain (ILR) vary depending on the type of visa you hold. For instance, if you’re on a UK Spouse Visa, Tier 1 Visa, or UK Ancestry Visa, you can typically apply for ILR after five years.
Those on a Tier 2 visa often qualify after five years as well, while individuals with Discretionary Leave can apply after six years (if granted before July 2012) or after ten years. Additionally, you can apply for ILR after ten years of lawful residence under any visa category or a combination of visas.

We explore these details further in our dedicated blog section. Whether it’s after two, five, or ten years, Batley Law is here to guide you through the process, ensuring you meet the specific requirements for your situation.

Requirement for Indefinite Leave to Remain

English Language

Indefinite Leave to Remain

English Language Requirement for Indefinite Leave to Remain

To apply for Indefinite Leave to Remain, you’ll need to prove your English proficiency at Level B1 of the Common European Framework of Languages,with your qualification being valid only through an approved Secure English Language Test (SELT) provider.

You might be exempt from this requirement if:

You’re from a majority English-speaking country.
You’re under 18 or over 65.
You have a long-term physical or mental condition.
You hold a degree or qualification taught in English.

Indefinite Leave to Remain

English Language

English Language Requirement for Indefinite Leave to Remain

To apply for Indefinite Leave to Remain, you’ll need to prove your English proficiency at Level B1 of the Common European Framework of Languages, with your qualification being valid only through an approved Secure English Language Test (SELT) provider.

You might be exempt from this requirement if:

You’re from a majority English-speaking country.
You’re under 18 or over 65.
You have a long-term physical or mental condition.
You hold a degree or qualification taught in English.

When can I apply for Indefinite Leave to Remain?

As part of your application, you’ll need to show that you meet the English language requirement. Currently, this means demonstrating proficiency at Level A1 of the Common European Framework of Languages.

Application Timing

Apply up to 28 days before completing the qualifying period, but not earlier

Early Application

Possible for certain Tier 1 Visas (2-3 years) and Innovator, Founder, or Global Talent Visas (3 years)

Fees

Application fee: £2,885 per person
Additional costs may include biometric appointments and priority processing services

Eligibility Duration

Spouse/Partner Visa: 5 years of continuous residence
Skilled Worker Visa: 5 years of continuous residence
Tier 1 Visas: 3-5 years, depending on the specific visa
UK Ancestry Visa: 5 years of continuous residence

Requirements

Continuous Residence
No more than 180 days outside the UK in any 12-month period
Life in the UK Test: Must pass this test
English Language Requirement: Must meet B1 level or higher
Good Character: No unspent criminal convictions or immigration breaches

Ensure you check the latest guidelines and requirements on the UK government’s official website before applying, as policies may change.

Navigating the path to Indefinite Leave to Remain can feel complex, but we’re here to make the process smoother for you. Batley Law will guide you through each step, ensuring you meet all the requirements and deadlines with confidence.

How to apply for Indefinite Leave to Remain?

Applying for Indefinite Leave to Remain (ILR) in the UK is an important step towards securing your future here. To get started, you need to meet specific eligibility requirements, gather the necessary documentation, and complete the application process online. Here’s a brief overview:

Eligibility Requirements

Continuous residence in the UK, typically for 5 years
Valid visa status throughout your stay
Proficiency in English
Successful completion of the Life in the UK test
No immigration violations or criminal record
Absence limits: no more than 180 days outside the UK in any 12-month period

Application Process

Choose the appropriate application form (SET (O) or SET (M))
Collect required documents (passport, proof of residence, test certificates)
Submit your application online
Pay the application fee (£2,885)
Attend a biometric appointment for fingerprints and photo

Remember, the processing time can be several months, so apply well before your current visa expires.

How long will my Indefinite Leave to Remain Application take?

The processing time for Indefinite Leave to Remain can vary depending on several factors. Some elements are within your control, such as meeting all requirements and providing complete documentation. Missing documents can delay the decision, so getting accurate advice at the right time is crucial. On average, decisions are made in about 6 to 12 weeks. However, if you need a faster response, you can opt for an expedited service for a decision within 2 weeks. Batley Law will guide you through each step to ensure a smooth and timely application process.

Do I need to pass the Life in the UK Test for Indefinite Leave to Remain?

Yes, you’ll need to take a multiple-choice test to demonstrate your knowledge of life in the UK. However, not everyone needs to take this test as part of the naturalisation process. We can help determine if you qualify for an exemption and guide you through the requirements.

What happens if my Indefinite Leave to Remain application is rejected?

If your application is rejected, you usually have the right to appeal. Understanding the reasons for the refusal is crucial, and this is where expert legal advice becomes invaluable. Starting with professional guidance from the outset can help you navigate the process smoothly and reduce the likelihood of such bumps along the way. If you’re not granted a right of appeal, you may still challenge the decision through Judicial Review. Contact us today—our experts are here to discuss your case and ensure you’re supported through each step.

How can Batley Law help with my Indefinite Leave to Remain Application?

To enhance your chances of success, it’s crucial to seek advice early in the process. With our extensive experience handling these applications, Batley Law is well-equipped to help you avoid common mistakes and pitfalls that could lead to a refusal.

Here’s how we can assist with your Indefinite Leave to Remain application:

We’ll guide you on the specific requirements for your case.
We’ll review all your documents to ensure they meet the necessary standards.
We’ll complete the online application for you.
We’ll arrange your Home Office biometrics appointment.
We’ll draft a comprehensive letter of representation to accompany your application.

If you’re seeking support with your Indefinite Leave to Remain application, reach out to us today. We’re here to make the process as smooth and successful as possible.