In terms of employment, culture, and family life, Britain has a lot to offer. And it's only natural that after five years or more in the UK, you and your family will wish to make it your permanent home.

Unfortunately, the British government has worked to make obtaining Indefinite Leave to Remain extremely difficult for foreigners. From arbitrarily refusing applicants based on a historical error on their tax form to requiring Skilled Worker visa holders to obtain written confirmation from their employer that they are needed to work for the "foreseeable future" at the time of the ILR application, it has become increasingly difficult.

Overview of Indefinite Leave to Remain in the UK

Permission to dwell in the UK without any temporal restrictions is known as an indefinite licence to stay (ILR). People who have been granted indefinite permission to remain are allowed to work in the UK and receive any state benefits for which they are eligible.

Permanent resident status is not the same as British nationality. A person with ILR retains their original nationality, but they are not permitted to participate in certain activities based on their nationality, such as voting in general elections.

In general, immigrants granted indefinite permission to stay are free to leave and return to the UK. They risk losing their indefinite leave to remain status, though, if they are gone from the UK for more than two years. For more details, see our article on losing ILR status.

Visa Categories and Routes That Are Eligible for ILR

You can apply for indefinite permission to remain under a number of different visa categories or paths. ILR is often available through one of the following visa types or routes:

• Tier 1 immigrants, including those in categories such as General, Skilled Worker, Global Talent Talent visa, as well as their dependents
• Migrants under Tier 2 (General) and their dependents
• Spouse or partner of a person of UK origin 
• Domestic workers protected by interim measures

Periods of Eligibility for Indefinite Leave to Remain

To be eligible for an application for indefinite leave to remain, you must meet the time requirements, which will vary depending on your existing visa type and the above-mentioned procedures. Only after being granted the applicable indefinite right to remain may you submit the application.

For details on the eligibility requirements for various popular visa types and routes, see the table below. The period of time that must have elapsed continuously before you are eligible for ILR depends on your present immigration status. Several categories will let visa holders apply for ILR after five years in the UK.

• Skilled worker visa: After 5 Years
• Global Talent visa - After 3 years
• Spouse or civil partner visa - After 5 years
• Unmarried partner - After five years of a sincere and ongoing relationship
• Long residence visa- 10 years of continuous lawful residence in the UK
• Dependents on PBS visas- After 5 years
• Returning resident (If you were a resident of the UK before you left and are coming back within three years of leaving, you might be allowed to apply right away) - 6 years of discretionary leave to remain

What prerequisites must be met before applying for Indefinite Leave to Remain in the UK?

The applicant may be qualified for Indefinite Leave to Remain depending on the category or approach they choose to use to submit their application. For instance, if a person has 10 years of lawful residence in the UK, they may qualify for ILR. The period of time spent working or residing with family in the UK may also be a justification for ILR petitions. For instance, in order to submit for ILR based on a spouse visa, the applicant must have met all other requirements and have been in the nation for five years while holding the spouse visa.

The following immigrants' ILR petitions may be qualified:

• Those who were currently awarded a work permit under the former PBS system
• Existing owners of a dependant visa or a family visa who now possess a work permit under the new PBS system
• Those who have lived in the UK for a long time, especially those who have done so for ten years or more

Possibility of Obtaining Indefinite Leave to Remain

Following a certain amount of time spent residing in the UK, you may be eligible for Indefinite Leave to Remain (ILR) under a number of different visa types. Your existing visa category and status in the UK will determine how long you must wait to qualify.

There are several paths one might take to be eligible for ILR. Some candidates can submit an application for ILR after two years, while the majority can do so after five years of residency as long as all other conditions are satisfied. For those who have legitimately resided in the UK for a continuous period of 10 years, there is also a 10-year path. When both legal and illegal residency has occurred, some persons will qualify under the 20-year (or 30-year, to be more accurate) path.

Making an application for Indefinite Leave to Remain

A person's existence in the UK depends heavily on their application for Indefinite Leave to Remain. They might be viewed as the last barrier to obtaining British citizenship. However, the majority of applications are submitted relatively soon before the visa expires, indicating that the applicant only has "one chance." After their application for ILR was denied, it is fairly uncommon for persons to have to leave the UK and restart their term of continuous residence from scratch.

Our attorneys at A Y & J Solicitors have more than 10 years of combined expertise in the field of immigration law and are well-versed in all its nuances. We are capable of preparing applications of any complexity, and throughout the course of our careers, we have helped many customers with their ILR applications.

Requirements for Indefinite Leave to Remain

The two basic prerequisites for Indefinite Leave to Remain (ILR) applications are meeting the Knowledge of the Language and Life (KoLL) criterion and having been in the UK for the applicable qualifying amount of time under a certain visa category.

A Y & J Solicitors can help you if you need it.

If you need legal counsel on any element of the UK immigration procedure, don't hesitate to call A Y & J Solicitors. Our skilled immigration attorneys have a thorough understanding of the requirements for ILR, and we consistently get favourable results for our clients. You may be sure that your application will be handled with the highest professionalism and attention to detail if you provide us with your instructions. Stay Connect with our Legal Blog & Write for us Law