Global Mobility & Immigration Law

Unlocking your British Passport: The Guide to Indefinite Leave to Remain

This article, which is the first in a miniseries on how to obtain a British passport, focuses on Indefinite Leave to Remain

What is Indefinite Leave to Remain (ILR)?
ILR is a form of settlement or permanent residency, which allows non-UK nationals to live and work in the UK without any time restrictions or the need for a visa. For EU nationals holding status under the EU Settlement Scheme, ILR is usually referred to as Settled status.

Once granted with ILR, individuals can stay in the UK indefinitely, so long as they maintain their status and do not spend more than two years continuously outside the UK.

To be eligible for ILR, applicants must fulfil specific criteria including having lived in the UK for a continuous period of 5 years (in certain circumstances you can apply after three or two years of residence), demonstrating sufficient knowledge of the English language, and passing the Life in the UK Test which assesses knowledge about British society, history, and culture.

What are the different routes to Settlement (Indefinite Leave to Remain)?
Upon fulfilling the requisite length of continuous residence in the UK under one or more of the visa categories mentioned below, in addition to satisfying the additional ILR criteria, applicants become eligible to apply for Indefinite Leave to Remain.

Visas/routes which can lead to Indefinite Leave to Remain include:

  • Spouse Visa
  • Unmarried Partner Visa
  • Family Visa
  • Global Talent Visa
  • Investor Visa (Tier 1)
  • Innovator Visa
  • Start-Up Visa
  • Skilled Worker Visa, including Tier 2 (General) leave
  • UK Ancestry Visa
  • Long residence

Combining different visa routes for ILR
The most common work category leading to settlement in the UK is the Skilled Worker visa category. You can switch to the Skilled Worker route from most visa categories, whilst in the UK. Time spent under other visa categories can be combined with the Skilled Worker/Tier 2 (General) visa category to qualify for ILR after 5 years.

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