The ILR requirements vary for each category of the immigration rules. But one thing that all categories have in common is that the applicant must have completed a number of years in the UK, known as the qualifying period.
ILR requirements – what is ILR?
ILR stands for Indefinite Leave to Remain in the UK. ILR is also often referred to as permanent residence or settlement.
Having ILR means that the individual may remain in the UK indefinitely but there are circumstances where ILR can be revoked or lapse.
Is ILR essential for an application to naturalise as a British citizen?
Yes – anyone who is seeking to naturalise as a British citizen must hold ILR. Usually it is a requirement that ILR must be held for at least one year before an application to naturalise can be made. Spouses of British citizens do not have to hold ILR for one year.
How quickly can ILR be obtained?
This will depend on the UK immigration category the person is in.
For example, holding an ancestry visa qualifies the applicant for ILR in the UK after a period of 5 years (less 28 days). Holding a Tier 2 General visa also qualifies the applicant for ILR in the UK after a period of 5 years. Those who hold visas under the Tie 1 Entrepreneur, Tier 1 Investor or Tier 1 Exceptional Talent route can qualify for ILR in less than 5 years if they meet the expedited ILR requirements.
Once the applicant meets all of the ILR requirements, there are a range of application options including a same day service.
Do absences from the UK affect an ILR application?
Some categories of the Immigration Rules, such as, for example, Tier 2, Tier 1 Entrepreneur and Tier 1 Investor have a requirement that the applicant (and dependants) must not have been absent from the UK for more than 180 days in any 12 months during the qualifying period. You can find further information on this here.
This rules does not apply to those who are in the UK with leave as a spouse or partner. You can find further information on this here.
Can dependants apply for ILR?
Yes. As long as the main applicant meets the ILR requirements any family members who have leave to remain in the UK as a dependant will be able to qualify for ILR. This can include children who are over 18 at the time the family qualifies for ILR providing they have not formed an independent life in the UK.
ILR applications: How we can help
We have a 100% success rate in ILR applications. We assess if the individual and relevant dependants are eligible to apply and, if so, we then prepare the application. We collate and analyse the evidence provided by the applicant and seek further evidence if we are of the opinion that the application needs to be strengthened to meet certain ILR requirements.
Once the application is strong, we then file it with a detailed cover letter explaining how our client meets the rules and the evidence provided. For most application types, we offer a fixed fee service.
If you would like to speak to one of our experts about your application and whether or not you meet the specific requirements, please call us or email us.