Indefinite Leave to Remain (ILR) Guideline
Indefinite leave to remain or in short ILR is the UK Immigration option which allows a person to live in Britain indefinitely, also known as permanent residency. An individual who has been living in the UK under a visa category which leads to settlement may apply for Indefinite Leave to Remain (ILR) depending on the terms of their visa.
Duration of Indefinite Leave to Remain (ILR)
As mentioned above there is no time limit with Indefinite Leave to Remain (ILR), however it is always recommended that a person on Indefinite Leave to Remain status should not spend more than two years outside of the United Kingdom. A UK resident with Indefinite Leave to Remain (ILR) should consider the UK as their home and if the individual only spends short periods of time in the UK this may lead to them losing their ILR status.
Benefits of Indefinite Leave to Remain (ILR)
Unlike a work permit where it would depend upon the offer of employment and the length of period granted for stay in the UK, Indefinite Leave to Remain (ILR) imposes no time limit on the individual. Also there are no immigration restrictions upon the business or work the person is undertaking. A person with Indefinite Leave to Remain (ILR) in the UK may become eligible for British Naturalisation to the UK if they meet the requirements for citizenship.
Indefinite Leave to Remain (ILR) Eligibility
The applicant must already have settled status in the UK for an Indefinite Leave to Remain (ILR) application. With Student Visas excluded, settled status means that the applicant has lived in the UK on another visa for at least four years. People in the UK with Marriage Visas or Unmarried Visas (De facto Visa) require two years of settled status before Indefinite Leave to Remain (ILR) is granted.
Below are some examples of when ILR can be granted:
- Marriage / Unmarried (De Facto) (after 2 years)
- Ancestry (after 5 years)
- Highly Skilled Migrant Programme (HSMP) (after 5 years)
- Work Permit (after 5 years)
- EU Nationals and their dependants (after 5 years)
If you have been living in the UK with a Marriage Visa and wish to apply for Indefinite Leave to Remain (ILR) you must be able to prove that you are still married and intend on continuing the marriage.
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