What is Settlement / Indefinite Leave to Remain

Indefinite Leave to Remain is the term for permanent residence or settlement in the UK. It can be achieved through various routes depending on which visa you have held over the last 5 or 10 years. Once you have Indefinite Leave to Remain (ILR), you are considered 'settled' in the UK and can stay in the UK without any time restrictions.

If you have been legally living in the UK under an immigration visa for the last 10 years, you may be eligible to apply for ILR.

General requirements

In order to qualify for ILR on the ground of long residence, you will need to satisfy UK Visas and Immigration that:

• You have spent a period of at least 10 years residing in the UK continuously and lawfully;
• Your 10 year period of lawful residence is unbroken;
• There are no public interest reasons why it would be undesirable to grant you indefinite leave to remain;
• There are no general grounds for refusing your application (such as a relevant criminal conviction);
• You have demonstrated sufficient knowledge of the English language and about life in the UK; and
• You are not in the UK in breach of immigration laws.

Your residence will be broken if at any time during the 10 year:

• You were absent from the UK for more than 18 months in total;
• You were absent from the UK for more than 6 months at any one time;
• You were removed or deported from the UK;
• You left the UK having been refused leave to enter or remain;
• You evidenced a clear intention not to return to the UK on leaving;
• You left the UK with no reasonable expectation of being able to return lawfully;
• You were sentenced to a period of imprisonment or directed to be detained; or
• You were absent from the UK for less than 6 months but had no leave either upon departure or return or both.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.

Exceptional and compelling circumstances

If you have too many absences from the UK in excess of the requisite threshold, it is still possible to apply by asking UKVI to exercise their discretion and disregard some absences.

You must prove to the UKVI's satisfaction that the excessive absences were due to exceptional and/or compelling reasons beyond your control.

Applications on this basis can be complicated. We would recommend you to consult a immigration specialist if you plan to make such an application.

Processing time and application fees 

The current application fee is £2,404. The application will usually be processed within 6 months.

Priority services may be available subject to availability and an additional priority fee, which may reduce the processing time to 2-5 working days.

What next

If your application is successful, you will be granted Indefinite Leave to Remain which means you are permanently free from immigration time restrictions. However, if you are absent from the UK for more than 2 years, your ILR will be revoked. You will then need to make a Returning Residence application before you can travel to the UK again.

If you spend a further 12 months in the UK after you obtained ILR, you may be eligible to apply to naturalise as a British Citizen.

How we can help

Our knowledgeable and experienced immigration team can:

• Assess your case and advise whether you are eligible to apply
• Provide you with a tailored & comprehensive document list
• Review all your documents and advise on necessary amendments
• Suggest on how to improve your application
• Complete your application forms in accordance with the UKVI requirements
• Assist you to complete the application submission process
• Provide our representation letter to support your application with necessary legal arguments
• Liaise with UKVI on your behalf

Depending on your need and budget, we have different levels of services that you may choose from. Check out Our Services to see which one is for you. 

Want to discuss your case with an immigration specialist? Contact Us now.