Indefinite Leave To Remain

Leave to Remain based on private life is available to individuals who have spent a significant period of time in the UK and have built up a meaningful private life here, even if they have not always been in the country lawfully.

This route was introduced as part of the consolidated rules under Appendix Private Life. It applies to people who have lived in the UK for many years — typically 20 years for adults, or 7 years for children — and can show that their removal would cause significant disruption to their established private life.

The route also includes special provisions for individuals with serious health needs, those who arrived as children and have spent a significant part of their formative years here, and individuals over 25 who have spent more than half of their life in the UK.

A successful application leads to a period of limited leave to remain initially, after which you can apply for Indefinite Leave to Remain. The route therefore involves building up qualifying leave over a period of years before settlement can be granted.

Private life claims require careful legal analysis and strong evidence. Our team at Terence Ray Solicitors will assess whether your personal circumstances meet the requirements and build a well-supported case for your application.

What are the requirements for an ILR application?
  • You have been continuously living in the UK for the required qualifying period of time
  • You must be of “good character” if you are aged 10 or over
  • You must pass The Life in the UK test, unless exempt
  • You must pass a higher English Language test, unless exempt
  • You have not been absent from the UK for more than 180 days in any rolling 12 months of the qualifying period
  • You may also need to meet salary, financial requirements or other visa-specific requirements

You can apply after satisfying the residency requirement of your qualifying visa route.  

5-year Route to ILR  

Most visa routes require the applicants to spend a continuous period of 5 years in the UK, although some visa categories, such as Global Talent, Innovator, Entrepreneur and Investor, may allow securing settlement after 2-3 years.    

This applies to the following routes:  

  • Work visas: Skilled Worker visa, Sole Representive of an Overseas Business visa, Innovator visa, Tier 2 Minister of Religion visa, International Sportsperson visa, Turkish Businessperson visa, Turkish Worker visa, Global Talent visa
  • Investment visas: Tier 1 Investor visa and Tier 1 Entrepreneur visa of the formerly known points-based system
  • Family visas: Spouse or Civil Partner visa, Unmarried Partner visa, Adult Dependant Relative visa or Child visa
  • Tier 5 (International Agreement) visa
  • Person with a UK Ancestry visa  

10-year (Long Residence) Route to ILR  

The Long Residence route to settlement is for foreign nationals who have been continuously and lawfully living in the UK for at least 10 years regardless of the type of visa they held.  

+ What documents and information are required to make an ILR application?  

It is exceptionally important to include all required documentary evidence for ILR applications as most of them can be refused because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence. Below is a list of the most commonly required documents:  

  • Application form and including application fee
  • Valid passport or travel document
  • Two passport-size photos of each applicant with their name clearly written on the back of each photo
  • For children dependants, birth or adoption certificate
  • Police registration certification if you have been required to register with the police as part of your qualifying visa requirement
  • Evidence of any absences from the UK
  • Proof of English language at least at the SEFR level B1, unless exempt
  • Proof of successfully passing the Life in the UK test
  • Evidence that you meet financial requirements (this may vary depending on your qualifying visa), if required

You will be required to submit an online application, pay the fees, upload the scanned documents and other supporting evidence online, arrange an appointment to provide your biometric information, such as digital photos and fingerprints, and attend an interview if required.  If you have any dependant, they will be able to apply at the same time.  

You should get a decision on your visa within 6 months once you apply online, although the actual times vary depending on the complexity of your application, and we advise you to check any updates on current visa processing times.  

Priority service is currently available for ILR applications and you may be able to get your visa within 5 working days. If you are eligible for a Super-priority service, you can apply and get a decision within 24 hours. 

If your application for ILR has been refused, you may have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) if your application for settlement was considered to be a human rights claim. If it was not or the appeal was refused, you might be able pursue further via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).  

You will also have the option to make a new visa application if this is the most advisable course of action. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.  

Our solicitors can assist you with your settlement refusal process as it can be a complex immigration matter requiring specialist legal support, advice and representation.

Book a consultation with our immigration solicitors for tailored visa advice.

What are the requirements for an Adult Dependent Relative Visa?