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UK’s Indefinite Leave to Remain after 10 Years of Residence

Indefinite Leave to Remain (ILR), also known as settlement, allows a person to stay in the UK without time restrictions. It provides the right to live, work, and study, and can also lead to British citizenship.

Most applicants qualify through 10 years of continuous lawful residence, through family visas, private (study or work) life visas, and the EU Settlement Scheme offers alternative routes. Applicants must meet the eligibility criteria, demonstrate proficiency in English, and pass the Life in the UK Test.

The standard ILR fee is £3,029, with decisions typically made within six months, or sooner through the super priority service. If granted, individuals receive an eVisa, but risk losing ILR if absent from the UK for more than two years. Family members must apply separately, with limited options for dependants who are not eligible. Overall, ILR provides long-term security and a clear pathway to citizenship for those who meet the requirements.

What Indefinite Leave to Remain Offers

The ILR of the UK offers many benefits, and some of these are as follows:

  • The right to stay in the UK permanently.
  • Permission to work, run a business, or study.
  • Access to healthcare, schools, and certain benefits.
  • The ability to apply for citizenship, usually after 12 months.

If ILR is lost due to long absences abroad, a Returning Resident visa may be required.

Eligibility for ILR

For the indefinite leave to remain, the most common route is 10 years of continuous legal residence.

Key Requirements

The applicant:

  • Must hold a valid permission to stay.
  • Must have lived in the UK legally for 10 years without gaps.
  • Continuous residence allows up to 180 days abroad in any 12 months.
  • Cannot include time spent on short-term or visitor visas.

Other routes include:

  • Family visas (if the partner is British or settled).
  • Private life visas (time spent in the UK based on private life).
  • The EU Settlement Scheme (for EU, EEA, and Swiss citizens who arrived before 31 December 2020).

Knowledge of Language and Life

Applicants aged 18–65 must show that they have:

  • Passed the “Life in the UK” Test.
  • Prove English language ability at a minimum of B1 level as per CEFR. The approved tests inside the UK are Pearson, PSI Services (UK) Ltd, IELTS SELT Consortium, and LANGUAGECERT.

Those who cannot meet these requirements may extend their stay instead through the leave to remain option.

Application Process

  • Applications must be made online.
  • Biometric information (fingerprints and photo) is required.
  • Supporting documents such as passports, residence permits, and proof of immigration status must be provided.

Children under 6 are exempt from biometrics.

Fees and Processing Time

Application TypeFeeDecision Time (Standard)Super Priority Service
Indefinite Leave to Remain£3,029Up to 6 monthsNext working day (weekday) / 2 working days (weekend)
An additional £1,000 is charged for the super priority service.

If the ILR Application is Successful

The applicant receives an eVisa (online immigration record). With ILR, they can:

  • Work and study freely.
  • Access healthcare and public services.
  • Apply for public funds and pensions.
  • Move towards citizenship after a qualifying period.

Family Members

Dependants such as partners or children must apply separately.

  • Eligible dependants can apply for ILR in their own right.
  • If not eligible, they may apply as the partner or child of a settled person.
  • Children over 18 may need to leave the UK if they do not qualify.

Key Differences: ILR vs Extension

AspectIndefinite Leave to Remain (ILR)Leave to Remain (Extension)
Length of StayPermanent2 years
Fee£3,029£1,321
Path to CitizenshipYes, after 12 monthsNo
Travel Restrictions AbroadMust not exceed 2 yearsMust maintain legal stay
Source: uk.gov

Important Points to Remember

  • Applicants must apply while in the UK.
  • Travel outside the UK before a decision leads to withdrawal.
  • Time abroad before 11 April 2024 follows different rules.
  • Complex cases, such as those involving criminal convictions, may take longer.