Indefinite Leave to Remain (ILR- Settlement)

If you have Indefinite Leave to remain or "ILR" you are "settled" in the UK. There is no time limit on your stay, whether or not you chose to apply for British Citizenship.

Some people are given Indefinite Leave to Enter (ILE) when they first come to the UK, for example children who are given permission to join a parent settled in the UK. For most other people, an entitlement to apply for ILR will arise after they have been in the UK for a certain period. The period in question varies: for example a spouse or civil partner will be entitled to apply for ILR after two years of being in the UK on the basis of that relationship, whereas people in the UK on a work permit will need to work for five years before making an application for ILR. There are additional requirements relating to maximum periods of absence from the UK, an area where Gherson and Co. has been involved in the leading cases, and also to being of good character. New requirements for applicants to have a knowledge of language and life in the UK were introduced on 2 April 2007.  To satisfy these requirements, it is necessary to take a test, the 'Life in the UK' test in English or to undertake an accredited course in English as Second Language (ESOL) which is taught using materials about citizenship and life in the UK.

People with ILR can work and they enjoy a range of other entitlements. They are also able to make a range of applications under immigration law, for example for family members to join them, that cannot be made by people who are in the UK on a temporary basis.

It is possible to lose the right of ILR. The most common way ILR is lost is by being away from the UK for two years or more. There are also powers to deprive people of ILR where they have committed a serious crime or pose a threat to national security.

European Union (EU) nationals and their family members are not granted ILR. Rather, they acquire ‘permanent residence’ when they have been in the UK for five years.

If you wish to apply for Indefinite Leave to Remain, contact us to discuss your requirements and how we can assist you in your application.