Indefinite Leave to Remain (ILR): Top FAQs Answered

Indefinite Leave to Remain (ILR) is a crucial step for anyone looking to settle permanently in the UK. Whether you are applying as a skilled worker, spouse, refugee, or under another route, understanding the latest rules, requirements, and processes is essential. In this guide, we answer the most frequently asked questions about indefinite leave to remain in the UK, covering eligibility, documentation, and expert guidance.

What does indefinite leave to remain mean?

Answer: ILR is the right to live and work in the UK without any time restrictions.

Explanation: Once granted, you are a permanent resident. You can work, study, and access public services. ILR is not citizenship but is a prerequisite if you later wish to apply for British citizenship.

How long can I stay in the UK with indefinite leave to remain?

Answer: You can stay in the UK indefinitely.

Explanation: ILR allows unlimited residence. However, spending more than 2 consecutive years outside the UK may result in losing ILR.

Is indefinite leave to remain the same as residency?

Answer: ILR is a grant of settled status, giving permanent residency under UK immigration law.

Explanation: It allows you to reside permanently, but citizenship requires a separate application.

What happens after you get indefinite leave to remain?

Answer: You can live, work, and study freely in the UK.

Explanation: You may travel abroad and eventually apply for British citizenship. Sponsoring family members requires them to apply for their own visas and meet relevant requirements, including financial thresholds.

How much money do I need for indefinite leave to remain?

Answer: Financial requirements depend on your route.

Explanation: For spouse ILR applications, the minimum income requirement for new applicants is £29,000 per year (from April 11, 2024). Transitional arrangements apply for those already on the 5-year partner route. Other routes may have different thresholds or savings requirements.

What are the current rules for ILR in the UK?

Answer: ILR rules involve meeting continuous residence requirements, submitting accurate documentation, and paying application fees.

Explanation: While there are proposals to introduce a “10-year earned settlement” route for some visa categories, these are not yet enacted law. Applicants should rely on existing Home Office rules, which include a 5-year route for many skilled and family visas and the use of digital application systems to replace BRPs.

Continuous residence and absence rules

Answer: For most ILR routes, applicants must not spend more than 180 days outside the UK in any 12-month period during the qualifying period.

Explanation: The “2-year absence rule” applies after ILR is granted for maintaining status, not during the pre-ILR qualifying period. Confusing these rules can result in application refusal.

Life in the UK Test

Answer: The Life in the UK Test is a prerequisite for ILR applications for applicants aged 18–64.

Explanation: The test is not retaken after ILR. Passing it before or at the time of your ILR application is sufficient for future naturalisation.

Can indefinite leave to remain expire or be revoked?

Answer: ILR does not expire automatically but can be lost.

Explanation: ILR can be revoked if you:

  • Spend more than 2 consecutive years outside the UK after ILR is granted

  • Commit serious criminal offences

  • Provide false or misleading information in your application

Key ILR-Specific Definitions

  • Indefinite Leave to Remain UK meaning: Permanent settlement status in the UK.

  • Indefinite Leave to Remain UK spouse: Applies to spouses/partners meeting income, relationship, and residency requirements.

  • Indefinite Leave to Remain UK benefits: Work, study, healthcare access, and eligibility for citizenship.

  • Indefinite Leave to Remain UK documents: Passports, BRP, financial evidence, and supporting letters.

  • Indefinite Leave to Remain UK refugee: Refugees may apply for ILR after 5 years of lawful residence.

Legal Guidance and Support

Applying for ILR can be complex due to strict Home Office rules. Reputable immigration advisory services can help with:

  • Checking eligibility and requirements

  • Completing applications and document verification

  • Preparing for the Life in the UK Test

  • Representing applicants in ILR appeals

If you want professional support, LawSentis is a UK-based, IAA-regulated firm offering tailored guidance for ILR applications and appeals.

Book a consultation with LawSentis today to ensure your application meets all current requirements and to receive expert legal advice.

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