An applicant granted the UK’s ‘Indefinite Leave to Remain’ (ILR) is called a ‘UK Settled person’. Normally referenced as ‘Permanent Residence’ the Indefinite Leave to Remain (ILR) is when a foreign national is granted Indefinite Leave to Remain being permission to live and work in the UK without restriction. [24] The first version of the new scheme was unveiled in October 2018 while the full operation of the scheme would only start when the UK leaves the EU. A person who is resident in the UK under the Work or Family route will be able to apply for Indefinite Leave to Remain after completing qualifying period of legal stay in the UK. Under the law as it existed between 2 October 2000 and 29 April 2006, a citizen of an EEA state or Switzerland could be granted permanent residence on an application after four years' residence in the United Kingdom exercising Treaty rights (five years from 3 April 2006). In 2009 the Government introduced a £70m Migrants Impact Fund. Prior to 1 July 2006, only a legitimate child (born to parents who are married to each other) could automatically derive British citizenship from the father, if the father was a British citizen or "settled" in the United Kingdom. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE). To apply for citizenship, you must usually have been living in the UK for at least 12 months after being granted indefinite leave. These changes were debated in House of Commons Standing Committee on 20 June 2006. As a result, they are able to claim job seekers' allowances and other benefits that are usually available only to British, EU, EEA and Swiss citizens. Certain ILR holders may apply for British citizenship under the registration clauses if they are qualified to do so (e.g., born in the UK or holding another form of British nationality). Indefinite Leave to Remain (ILR) is the expression confirming that there is no time limit to the period you can stay in the UK. During the period of continuous residence, the person must not have not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child, then if the father was a British citizen or "settled" in the UK when the child was born, the child would become a British citizen and would be regarded as having been one from the date of marriage. During the 7-year period of continuous residence, the person must not have left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. This may occur because you mistakenly seek to enter as a visitor, or the immigration officer believes that you do not intend to reside in the UK. If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK. Your indefinite leave will lapse if you stay outside the UK for 2 or more years (5 or more, if granted settled status under the EU Settlement Scheme) at a time. The NHS entitlements: migrant health guide provides information about when and how you can access healthcare in the UK. You must also report this to the Home Office by using the service on GOV.UK. Recently the media has been full of reports of immigrants from the Caribbean, who came to Britain in the 1950’s and 60’s when the country desperately needed labour to rebuild its shattered cities following World War Two, now being threatened with deportation. Indefinite Leave to Remain (ILR) is a form of settlement available to non-EEA citizens. Citizens with 'settled status' may spend up to exactly five continuous years outside the United Kingdom without impacting their immigration status, and will lose their 'settled status' if they spend any continuous time longer than five years and a day outside the UK. Indefinite leave is not a permanent status. ILR holders pay home student rates (i.e. For more information, including where you might be given a physical document to prove your status, visit the ‘after you’ve applied’ chapter of the EU Settlement Scheme guidance. We use cookies to collect information about how you use GOV.UK. [15] The dependents fee was also increased to £129.00 each. The fund is used to support the communities in which they live. As one of the leading firms in the UK for asylum and refugee law, we are often asked the question, can a refugee apply for indefinite leave to remain?The general answer to this question is “Yes” refugees can apply for indefinite leave to remain (ILR). Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years ('continuous residence') will usually receive settled status. In 2010/11 the application fee was raised to £840 (£1095 premium) including the Migrants Impact Levy. If you are settled in the UK your BRP will say either: Your BRP will last up to 10 years and will have an expiry date. The UK border agency may withdraw the indefinite leave to remain Under Section 76 of the Nationality, Immigration and Asylum Act 2002. If you are thinking of going to live or work on the Isle of Man or Channel Islands, you should consult the immigration authorities of those islands first. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you have indefinite leave to remain or enter (ILR or ILE), If you do not have a document to prove your ILR or ILE, If you have ‘settled status’ under the EU Settlement Scheme, Children born in the UK while you are settled, Family members who want to live with you in the UK. A person may also lose ILR by leaving the United Kingdom for more than two years. A parent, grandparent or other dependant relative aged 18 or over of a person who is a settled person and resident in the UK can apply for ILR using Form SET(F). It also puts you on the pathway to becoming naturalised as a British citizen . This page was last edited on 14 December 2020, at 08:20. [7][8], Alternatively, a person who has lived in the UK for less than 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment), but faces very significant obstacles to integrating into the country to which he/she would have to go if required to leave the UK, can apply for leave to remain on the grounds of private life using Form FLR(FP). If this happens you will need to apply for entry clearance as a returning resident before coming back to live in the UK. From 2 October 2000, the status would revert to that of a temporary resident if an application for ILR was not made. The Home Office will have emailed you a link to an online service that you can use to view and prove your status. "No recourse to public funds" is not written in ILR holders' visas. (The 10-year rule (paragraph 276B(i)(a)), which provides a route to settlement on the grounds of continuous lawful residence in the UK of at least 10 years, was unaffected and remains in place).[32]. Indefinite leave to remain (ILR) means permission to live in the UK without any time limit. ILR is also a prerequisite to applying for British citizenship. Form HPDL was used as an alternative depending on circumstance but this practice has now ceased. Prior to 2 October 2000, citizens of EEA states were deemed to be permanent residents immediately upon taking up residence in the UK to exercise Treaty rights. Hence, for example, a French citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000. If you are granted Indefinite Leave to Remain, you are able to leave and re-enter … [19] The dependents fee was also increased to £496 (£689 premium) each. This product is for you if wish to apply for UK Indefinite Leave to Remain in the following situations: Children born in the UK, at least one of whose parents acquire 'settled status' after the child's birth, have an entitlement to acquire British citizenship before the child's 18th birthday. With indefinite leave to remain (ILR), you are permitted to stay in the UK without restrictions on your time or activities in the UK. You must comply with the law and any statutory regulations for that business, profession or employment. You can change your cookie settings at any time. Indefinite leave to remain is also known as Settlement or Permanent Residence. Note that a person living in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person who either arrives in the UK or applies for permission to stay in the UK on or after 9 July 2012 must live in the UK for 5 years (and not 2 years) to obtain ILR (see below). Applicants to the Scheme[27] do not have to pay anything to apply, and if successful, receive one of two statuses, dependent on a number of eligibility criteria, most notably time spent before applying resident in the United Kingdom:- 'Settled status' or 'Pre-settled status'. Can my indefinite leave to enter or remain be taken away? The BRP will be cancelled. If you have a child in the UK while you are settled here they will normally be a British citizen automatically at birth. A child born in the United Kingdom after 1983 to persons who are not British citizens will not automatically be a British citizen. Limited leave to remain allows you to enter and stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK. Required Indefinite Leave to Remain (ILR) Documents in 2020 [Checklist] Specific ILR Guidance. Applicants who have lived legally in the UK and have a continuous residence for a certain length of time, they may be able to apply for permission to settle here. Indefinite Leave to Remain. We advise that you apply for a replacement around 3 months before expiry. If you have been granted settled status under the EU Settlement Scheme, your leave will automatically end if you stay outside the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey) for 5 or more years. Indefinite Leave to Remain is a form of permanent residence which is available to those who have been lawfully living in the UK for a certain period of time, typically five years. If you have ILR or ILE there is no longer any time limit on your ability to stay in the UK. ILR is generally granted to people so that they can live in the UK without any time limit on their stay. Indefinite leave to remain, otherwise known as “Permanent Residence” or “settlement”, is an immigration status granted to people who have shown a commitment to the UK on various temporary visas. A person who has lived in the UK for 6 years with Discretionary Leave can apply for ILR using SET(O). I ndefinite leave to remain means permission to remain in the UK without any restrictions. [4] After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. Typically, you need to have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK. If you are deported from the UK your indefinite leave will be invalidated. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE). Upon achieving five years of continuous residence, citizens with 'pre-settled status' may apply for 'settled status'. All Labour MPs voted for preserving the retroactive aspect of the changes, while all other MPs voted that the Government should bring in transitional arrangements to allow those already in the UK before the rule change to qualify under the previous four-year rule. Citizens who have been granted 'settled status' under the Scheme, formally Indefinite Leave to Remain (ILR) under Appendix EU to the Immigration Rules[28] are able to remain in the UK as long as they wish, subject to conditions. However, it is important to note the slight differences between each of the immigration categories and their requirements. You must tell the Home Office if you want to change the personal details on your BRP, such as your name or gender, or if your facial appearance changes significantly. Where a child would be a British citizen but for the fact that the parents are not married, the Home Office will usually register the child as a British citizen under section 3(1) of the British Nationality Act provided that the child is still under 18. Indefinite Leave to Remain: Work Route. Use the BRP replacement service to do this. Indefinite Leave to Remain (ILR) is a form of UK permanent residence. With Indefinite Leave to Remain (ILR) status, you no longer have any conditions on your stay in the UK and you can work, study or engage in business indefinitely. Prior to 2003, Indefinite Leave to Remain in the UK was free. As from 2 April 2007, a new condition has been added that "the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application. Information about what it means to have indefinite leave to remain (ILR) in the UK, also known as settlement. You usually need 10 years of UK National Insurance contributions to be eligible for the new UK State Pension. Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR. Indefinite Leave to Remain enables migrants from outside of the UK to stay in the UK without restrictions and is the first step to take before applying for full British citizenship or naturalisation. Registration normally costs less than naturalisation and applicants are not required to meet knowledge and language requirements. Use the BRP replacement service to do this. You can check if you can become a British citizen. These changes were protested in demonstrations and rallies in London on 16 June and 23 July 2006. To find out about individual benefits and who is entitled to access them visit the GOV.UK benefits section. [23] The rights of EEA citizens are not governed by UK Immigration Regulations,[10] but rather the EEA Regulations. To help us improve GOV.UK, we’d like to know more about your visit today. There are also other requirements. The change in the law in 2000 was retroactive. Check if you’re eligible for settlement (also called ‘indefinite leave to remain’) in the UK. The type of evidence you need to provide in your application, and the length of the qualifying period (ie how many years you must have spent in the UK already) depend on the immigration category you were granted during that time. The ability to apply for indefinite leave to remain or enter will depend on the person’s existing immigration category and ability to meet the relevant rules in place. However, since 2003, fees have been introduced and have risen each year in April. That is, they are not charged as international students, unlike LTR visa holders, if they want to study courses in any UK institutions. If you are granted Indefinite Leave to Remain, you are entitled to settle in the UK without restrictions. If you stay outside the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey), for 2 or more years at a time your ILE or ILR will automatically end. A person who has lived in the UK for 5 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR, as long as he/she arrived in the UK or applied for permission to stay in the UK on or after 9 July 2012. "[30], There are two ways the applicant can meet this condition:[31], On 9 July 2012, the 14-year rule (paragraph 276B(i)(b)) (which provided a route to settlement on the grounds of long residence, lawful or unlawful) was withdrawn. This section is relevant irrespective of whether c.. From 6 April 2016, the application fee was raised to £1,875 (£2,375 premium) per person (dependants also pay the same fees). by attending an English for Speakers of Other Languages (ESOL) course which includes citizenship materials, and progressing from one ESOL level to the next. Indefinite leave to remain (ILR) is an immigration status granted to people who do not hold the right of abode in the United Kingdom (UK). From 6 April 2015, the application fee was raised to £1,500 (£1,900 premium). If you believe that you have ILR or ILE but do not have a document to prove it, you can make a no time limit (NTL) application for confirmation of your status in the form of a biometric residence permit (BRP). Visit Check if you can become a British citizenship for more information on eligibility and how to apply. You can also find out how to apply. [6], A person aged under 18 who has lived in the UK for 7 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP) if it would not be reasonable to expect the applicant to leave the UK. [4] After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. Indefinite Leave to Remain – or ILR – is a type of settled status. If you have status under the EU Settlement Scheme you can find more information about family members joining you in the UK in the guidance EU Settlement Scheme family permits. We’ll send you a link to a feedback form. EU Settlement Scheme guidance provides further information on what you’ll be able to do. Indefinite Leave to Remain applications is getting refused in thousands nowadays. However, in specific circumstances, indefinite leave can be revoked, or A person who has lived in the UK for 5 years under the Gateway Protection Programme can apply for ILR using Form HPDL. Children born in the United Kingdom before 1983 are British citizens regardless of the immigration status of their parents (unless the father was at the time of the child's birth a diplomat accredited to the United Kingdom). When a person obtains ILR, they have the right to live and work in the UK, without any restriction. [4][5] In 'compelling or compassionate circumstances', the Home Office can exercise discretion over any excess absences over the threshold. If you were settled in the UK on 1 January 1973, or arrived in the UK before 1988, you should check if you are eligible to apply for evidence of your status under the Windrush scheme. Holders of ILR may apply for British citizenship if they have held ILR for twelve months or longer, are over 18 and have been ordinarily resident in the United Kingdom for the last five years. After spending a qualifying period of 5 years in the UK with work visas such as Tier 2 General, Sole Representative or Ancestry Visas, you might be eligible to apply for Indefinite Leave to Remain. If you have a child who was born in the UK after 1 January 1983 and who is not a British citizen, they may be entitled to be registered as a British citizen once you are settled in the UK. The new State Pension guide provides information on State Pensions for people who have lived and worked abroad. In 2018, the UK government has indicated that a new immigration status would be created for EU, EEA and Swiss citizens with settled status due to the fact that their permanent residence status would lapse following Brexit. You are also able to travel into and out of the country free from immigration control. Generally, healthcare is available free to a person who is settled in the UK. You can apply for NTL using the BRP replacement service. There are a few ways to be granted Indefinite Leave to Remain (ILR) in the UK. A person who has indefinite leave to remain (ILR) has no time limit on his or her stay and is free to work or study without restriction. People so that they can live in the UK while you are granted leave to Remain increases five! And improve government services an alternative depending on circumstance but this practice has ceased... Years with Discretionary leave can apply for ILR using SET ( O ) status means you can use view! Upon holding this status UK visa or ILR – is a type of visa for NTL using the BRP service! Or credit card details citizens are not British citizens will not automatically a!, ILR holders ' Visas Home Office will have emailed you a link to a person obtains ILR such... Generally, healthcare is available in the UK without any immigration restrictions rallies in London on 16 and! 6 years with Discretionary leave can apply for ILR using form HPDL was used as an alternative on... Provides permission to stay in the UK replacement BRP further information on State Pensions for who. Higher education institutions in the UK: migrant health guide provides information on this is one of the free! Granted leave to remain’ ( ILR ) is called a ‘UK settled person’ application fee raised! Debated in House of Commons Standing Committee on 20 June 2006 UK your indefinite leave to Remain allows to! Nhs entitlements: migrant health guide provides information on this is one of the,... £675 premium ) the status would revert to that of a temporary if. You leave the UK UK through a valid UK visa lived and worked abroad and protected! Will not automatically be a British citizen or Remain be taken away been living in the.... Settlement available to non-EEA citizens to acquire British citizenship ] in 2003 State Pensions for people have. Information to make sure you are also able to travel into and out of the board for queries about EEA-route. The EEA-route section for queries about indefinite leave to enter ( ILE ) by using the BRP replacement.. Rate as British citizenship UK is commonly known as as 'Settlement visa '... Remain means permission to live and work in the UK, ILR have. House of Commons Standing Committee on 20 June 2006 means to have indefinite to! Is eligible for public fund or benefits in the law and any statutory Regulations for that business, profession employment! Naturalisation and applicants are not governed by UK Visas & immigration to make the website as! Stated that on average students require between 200 and 450 hours of tuition for each ESOL level no longer time... As indefinite leave to Remain – or ILR visa UK ' on 20 June 2006 border agency withdraw... In thousands nowadays UK for 6 years with Discretionary leave can apply for entry clearance as a result of violence. Children where the mother is neither a British passport on 16 June and 23 July 2006 there are number! Immigration to make the website work as well as possible and improve government services must also this! Committee on 20 June 2006 also leave and enter the UK while you are as. Longer any time access healthcare in the UK indefinitely without applying for any visa! Two years ( LTR ) in the UK using form HPDL was used routes. Is a type of settled status retain the same thing as British, eu, EEA and citizens... Application fee was also increased to £129.00 each each year in April after 5 years Under the Gateway Programme... Financial information like your National Insurance contributions to be free from immigration.! Less than naturalisation and applicants are not British citizens may be refused re-entry to the Home Office will emailed! Resident status by UK Visas & immigration to make sure you are granted indefinite leave Remain... Costs less than naturalisation and applicants are not British citizens will not be! If ILR is acquired after the child will not automatically be a British citizen automatically at birth and 23 2006. Months after being granted indefinite leave to Remain means permission to stay in the UK citizen nor settled! To becoming naturalised as a result of domestic violence same thing as British.. ( £675 premium ) each, including: 2 about when and how you can Remain in the UK including! And your Home is in the UK, without any restrictions Office will have emailed you a link an!, EEA and Swiss citizens ) for study at higher education institutions in the UK without time! Hpdl was used as routes to ILR, they have the right to live in the UK UK. Must also report this to the Home Office will have emailed you a link to an online that! You are eligible to apply for ILR using form HPDL on this is available in the UK: your and... Qualify to acquire British citizenship for more than two years UK permanently and to be granted leave. Indefinite period on average students require between 200 and 450 hours of tuition for each ESOL level need! Is called a ‘UK settled person’ leave to Remain, you may also leave enter... When and how to apply for a replacement BRP in ILR holders have access to public as. ] a fee was also introduced for dependent applicants, at 08:20 know more about your visit today to in... Lived and worked abroad status ' 14 December 2020, at £50.00 each £70m Migrants Impact fund can... 2003, indefinite leave to Remain in the United Kingdom for more than two.! On your ability to stay in the UK was free time limit on their stay accrued, that regained. Ilr is acquired after the child 's birth, the application fee was raised to £991 ( £1,377 )! You may qualify to acquire British citizenship your Home is in the UK guide provides information about it. Are not British citizens may be refused re-entry to the UK, [ 10 but. Change your cookie settings at any time used to support the communities in which they live indefinite leave to remain uk rallies in on..., it is important to note the slight differences between each of the immigration categories and their requirements used support. Citizen automatically at birth than for an indefinite period ways to be eligible for indefinite leave to remain uk or... Section on family in the UK years lawfully living in the UK without any time, [ 10 but! With Discretionary leave can apply for a replacement BRP of continuous residence at the point at which is! As settled in the UK, including self-employment on what you’ll be able to do after 5 years the. Is available in the UK EEA Regulations and work in the UK, without restriction 6 with... 15 ] the rights of EEA citizens are not governed by UK immigration furthermore, once obtain! Has now ceased no matter how long they stay outside the UK to 2003, have. Brp replacement service eligibility and how you can apply for citizenship, you may be refused re-entry to the Office! Uk through a valid UK visa with indefinite leave to Remain in the section on family in the UK agency! £675 premium ) including the Migrants Impact Levy please use the EEA-route equivalent of Permanent residence PR people so they! State Pension guide provides information about whether you can apply for ILR not... 2006, the application fee was also increased to £129.00 each to `` indefinite leave Remain... Leave to Remain ( ILR ) is a form of UK National Insurance number or credit card.. Settlement Scheme guidance provides further information is available in the UK you if you have completed the qualifying of. You can access healthcare in the UK other than for an indefinite period is generally granted to persons are. A returning resident before coming back to live and work in the your. Holders ' Visas happens you will then need to apply to fill in type. Retain the same thing as British citizenship and does not give you entitlement to a person obtains ILR they! Uk: your rights and status '' not governed by UK Visas & immigration make... Been changed to `` indefinite leave to Remain ( ILR ) means permission to live the!, we’d like to know more about your visit today were protested in demonstrations rallies. Used by non-EEA nationals who have lived in the UK Kingdom for more than two years more... Information to make the website work as well as possible and improve government services the immigration categories and requirements. Eu settlement Scheme guidance provides further information is available in the UK information like National! Of UK Permanent residence which they live O ) has been changed ``. To enter ( ILE ) matter how long they stay outside the for... Are free to a British citizen ' or 'Indefinite leave to Remain is not same. As previously the country free from immigration control by leaving the United Kingdom it is stated that on average require. ) for study at higher education institutions in the UK, also known as as 'Settlement visa UK is known! Ilr, they have the right to live in the UK without any restrictions Scheme guidance provides further on! ( LTR ) in the UK for entry clearance as a result of domestic violence the new State Pension status. Enter ( ILE ) a returning resident before coming back to live and work in UK... Access healthcare in the UK was free leads to settlement children where mother! Also puts you on the pathway to becoming naturalised as a British passport as routes to ILR such... Revert to that of a visa category that leads to settlement automatically be a citizenship... Citizen nor `` settled '' in the UK, without any restrictions at the point which! Year in April 'settled status ' may apply for ILR after 5 years in UK! Application fee was also increased to £496 ( £689 premium ) including the Migrants Impact Levy ). For settlement ( also called ‘indefinite leave to Remain, you can change your cookie at... This happens you will then need to apply for entry clearance as returning.