UK Government: Indefinite Leave to Remain made simple 30 Sep 2014
There are thousands of expats living in the UK who are aiming for permanent residency status and, eventually, a British passport. But with immigration laws being as complicated as they are, the thought of entering this bureaucratic minefield is dissuading many from pursuing Indefinite Leave to Remain (ILR). Our visas team has put together a simple guide to explain ILR
ILR in a nutshell
ILR is essentially permanent residency status in the UK and is just one step away from actual British citizenship. Once you have held IRL status for 12 months and have been living in the UK for five years you can apply for a British passport. ILR status means you may work without restriction in the UK and exit and re-enter the country multiple times.
Who can apply?
Simply put, there are seven requirements for naturalisation. To apply for ILR, you must meet the following non-negotiable criteria:
- You must be at least 18 years old at the time of application.
- You must be of sound mind.
- You must be of good character.
- You must continue living in the UK.
- You must have sufficient knowledge of life in the UK.
- You must be able to communicate in English to an acceptable degree.
- You must meet the residential requirements.
Residential requirements
To meet the residential requirements surrounding ILR, you must have been resident in the UK for at least five years and have been present in the UK for at least five years before the date of your application. During this five-year period, you must also not have spent more than 450 days outside the UK or more than 90 days in the most recent 12-month period. So if you have spent four of the last 12 months in Australia, Canada, New Zealand or South Africa you will not qualify, but if you have for instance been away on a four-week holiday during the last 12 months, you are still considered eligible.
It’s also important to note than you may not have been in breach of the UK’s Immigration Rules at any time during your stay in the UK.
How to apply
If you meet all the criteria listed above, there’s a good chance you could be on your way to British citizenship. The first step is to apply for ILR. You have two options: Take the DIY route and work directly through the government, or you can seek professional assistance.
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