Indefinite Leave to Remain application

In most visa categories, you will need to have been resident in the UK for 5 continuous years before being able to apply for ILR (indefinite leave to remain).

Please find below the required period of stay in accordance to the immigration category before the applicant can make an application for the ILR:

5 years for the following categories: Tier 1 (General), Tier 1 (Entrepreneur), Tier 1 (Investor), Tier 2, Innovator, Business Person, Investor, Writer, Composer, Artist, Ancestry Visa, Representative of Overseas Business, Representative of an Overseas Newspaper, Oversees Govt. Employees, Domestic workers, Private servants in Diplomatic households, Minister of Religion, Airport based operation ground staff of overseas owned Airlines, Retired Person of Independent means, Refugee, Humanitarian Protection, Spouses of persons present and settled in the UK, Unmarried partners of persons present and settled in the UK, Persons having right of access to their child, EEA nationals and their family members.
4 years for the following categories: Gurkhas discharged from HM Forces, Foreign / Commonwealth citizen discharged from HM Forces;
3 years for the following categories: Tier 1 (Entrepreneur) depending on the number of full-time employees (at least 10 workers) created and turnover generated (at least £5 million), Tier 1 (Investor) if the invested amount is £5 million
2 years for the following categories: Tier 1 (Investor) if the invested amount is £10 million
10 years for the following categories: Long Residence (SET LR), Persons having right of access to their child
20 years for the following categories: Illegal Long Residence
6 years for the following categories: Discretionary Leave to remain

In the case of family immigration applications that involve your visa being issued on the basis of a relationship, you will need to show that you are still in the very same committed relationship and that you are supported in the UK without recourse to public funds.

Financial Requirements

You are required to earn £18,600, if you have a spouse, unmarried partner, civil partner or same-sex partner visa. If however, you are in the UK on the basis of the pre-July 2012 rule changes, you may only need to show that you are able to support yourself earning over the benefits threshold. In points based systems (PBSs), namely, Tier 1 and Tier 2, the requirements will differ significantly compared to the family immigration applications. The requirements of ILR in PBSs are very specific to each category.

English Language and Life in the UK Requirements

ILR requires the applicant to show sufficient command of the English language at B1 of CEFR level and knowledge of life in the UK. Once you are able to show this, you may apply 28 days before you have lived in the UK for 5 years in the relevant category.

UK Indefinite Leave to Remain Exemptions

The following applicants are exempt from English Language and Life in the UK test requirements:

Under 18 years of age;
Aged 65 or older;
Whose physical or mental condition will severely restrict their ability to learn English and/or take the Life in the UK test;
Who are making an application for settlement on the basis under the domestic violence rule or if their spouse died (only for applicants whose spouse was a British citizen or settled in the UK);
Who have leave as a Refugee, Humanitarian Protection or Discretionary Leave.

Combining categories towards an Indefinite Leave to Remain – ILR – may be accepted depending on which visas you have combined. We are happy to advise on this if you have any questions.

Please find below the categories that can be combined to complete the required qualifying period:

Tier 1 (General) can be combined with HSMP, Work Permit, Innovator, Self-Employed Lawyer, Writer, Composer or Artist, Tier 2 (General/ Minister of Religion/Sportsperson/ICT);
Tier 1 (Entrepreneur) can be combined with Business Person ( in Guernsey or Jersey since 30 June 2008) and/or Innovator;
Tier 1 (Investor) can be combined with Investor;
Tier 2 (General) can be combined with Member of Operational Ground Staff of an Overseas-owned Airlines, Minister of Religion, Work permit, Representative of Overseas Business, Representative of an Overseas Newspaper, Tier 1 (except Tier 1 Post Study Work), Tier 2 (General/ Minister of Religion/Sportsperson/ICT), Innovator and Highly Skilled Migrant;
Long residence (SET LR) can be combined with all visas as long as the applicant has had at least 10 years continuous lawful residence in the UK.