When Can I Apply for Indefinite Leave to Remain?
Applying for visa extensions can be a pain even if you are confident that the Home Office will grant you a new visa. Being the subject of ‘immigration control’ in the UK can be frustrating. Once you have indefinite leave to remain you are settled in the UK and no longer subject to UK immigration control.
In this blog, our immigration solicitors answer your questions on when you can apply for indefinite leave to remain.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For help with your indefinite leave to remain application call OTS Solicitors on 0203 959 9123 or contact us online.
What benefits does indefinite leave to remain offer
Settlement is another way of referring to indefinite leave to remain. It confers:
- A right to live in the UK without having to keep making visa extension applications and without the risk of overstaying on your visa
- A right to work in the UK without requiring a sponsoring employer or being subject to visa conditions on your maximum hours of employment
- A right to claim state benefits provided you meet the eligibility criteria for the benefit
- A right to study in the UK without being an international student requiring a student visa
Indefinite leave to remain is also the route to securing British citizenship if you want to ultimately become a British citizen or dual citizen (retaining your nationality of origin whilst also holding British citizenship).
If you plan to stay in the UK most immigration solicitors recommend that you apply for indefinite leave to remain as soon as you are eligible to do so because of the benefits the ILR status confers and because of the risk that the government may change the ‘goal posts’ and the eligibility criteria for ILR at a later date meaning you would then not be able to settle in the UK and might even struggle to meet the eligibility criteria for visa extensions depending on your personal and financial circumstances.
The eligibility criteria for an ILR application depends on your visa status and whether you are in the UK on a work visa or family visa or dependant visa.
Indefinite leave to remain if you are in the UK on a work visa
The UK offers a wide range of work visas and the advantage of some of these visas is that they provide ‘accelerated settlement’. What this means is that you can apply for indefinite leave to remain after living in the UK and meeting the immigration rules on the residence requirement after 2 or 3 years rather than the usual minimum 5 years residence requirement for a person in the UK on a skilled worker visa.
When you apply for your first work visa it is best to discuss with your immigration solicitors the length of the residence requirement for an ILR application on your proposed visa route and if any other suitable work visas offer accelerated settlement and meet your other visa needs.
Your work visa options include:
- The skilled worker visa
- The health and care worker visa (part of the skilled worker visa route)
- The innovator founder visa (replaced the start-up visa and the innovator visa)
- The scale-up visa
- The senior or specialist worker visa (replaced the intra-company transfer visa for overseas employees transferring to a UK branch of their overseas employer’s business)
- The expansion worker visa (replaced the sole representative visa for entrepreneurs wanting to set up a new branch of an overseas company in the UK)
- The global talent visa
Not all of the above work visas lead to settlement whilst some allow for accelerated settlement. That’s why indefinite leave to remain lawyers recommend that you consult an immigration solicitor before applying for your first work visa.
Indefinite leave to remain if you are in the UK on a skilled worker visa
The skilled worker visa is one of the most popular work visas but the ILR rules for skilled worker visa holders also apply to those in the UK on the old-style Tier 2 (General) visa or the T2 Minister of Religion or Tier 2 (Minister of Religion) or the International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson) visas.
For an ILR application after entry on one of these visas, you must have lived and worked in the UK for 5 years and meet the residence requirement. The immigration rules set out very detailed guidance on the residence requirement and the length of time you can be absent from the UK during the 5-year qualifying ILR period and remain eligible to apply for indefinite leave to remain.
In addition to the residence requirement, you must still be in employment with your employer and meet the minimum salary threshold for an ILR application based on the visa type. For the skilled worker visa, the minimum salary threshold is whichever is the highest out of a gross annual salary of 25,600 or hourly pay of £10.10 or the going rate for your job (the going rate is set by the government ). The minimum salary threshold is lower if you are in the UK on a health and care worker visa.
If you don’t meet the eligibility criteria for ILR then ILR lawyers can advise you on alternate options; such as applying to extend a visa until you meet the eligibility criteria or applying under the 10-year private life route.
Indefinite leave to remain if you are in the UK on a family visa
The family visa rules for ILR apply to spouse visas as well as civil partner and partner visas. The length of the residence requirement is 5 years but if your relationship with your sponsoring partner has ended either due to their death or you experiencing domestic violence then you can apply for indefinite leave to remain early and without needing to meet a minimum residence requirement.
If you do not meet the eligibility criteria under the 5-year route then there are alternate options, such as the 10-year route.
Our friendly indefinite leave to remain lawyers can assess your UK settlement options and guide you through the best ILR route for you after considering your circumstances.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For help with your indefinite leave to remain application call OTS Solicitors on 0203 959 9123 or contact us online.
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