Indefinite Leave to Remain (ILR)

When Can I Apply for ILR?

The eligibility timeline for ILR depends on your current visa type:

• Long Residence: If you have legally resided in the UK continuously for 10 years, you may qualify for ILR, provided you meet specific eligibility criteria. Applicants must have maintained continuous lawful residence and must not have excessive absences from the UK.

• EU Nationals: Following Brexit, EU, EEA, and Swiss citizens who were resident in the UK by 31 December 2020 could apply to the EU Settlement Scheme. Those with five years of continuous residence are eligible for 'settled status', which is equivalent to ILR. Family members may also be eligible under the scheme.

• Partners of British Nationals: Applicants on the 5-year route must have lived in the UK with their partner for at least five continuous years and meet the requirements outlined in Appendix FM of the Immigration Rules. Those on the 10-year route must have lived in the UK for at least ten continuous years and may need to demonstrate exceptional circumstances as specified in EX.1.

• Tier 1 (Investor) Visa Holders: Applicants must show five years of continuous lawful residence in the UK as a Tier 1 Investor Migrant. Depending on the level of investment, some investors may qualify for ILR after two or three years.

• Tier 1 (Entrepreneur) Visa Holders: After five years in the UK under this visa, you can apply for ILR if you have established, taken over, or become a director of a UK business and have actively operated it. Applicants must demonstrate they have met the specific business activity requirements.

Immigration rules and requirements may change over time, so it is always advisable to check the latest guidance from the UK government or seek advice from our qualified immigration solicitor.

Enhancing Your ILR Application Success

To improve the likelihood of a successful ILR application:

Meet the ‘continuous residence’ requirement

Many applicants are refused settlement because they have been outside the UK for too long. If you have been absent for longer than the permitted period under the immigration route you are applying under, speak to our team about your circumstances. It may be possible to submit a strong argument to the Home Office explaining that there were compelling and compassionate reasons for your absence.



Ensure your residence is ‘lawful’

You cannot gain ILR unless your stay in the UK has been continuous and lawful. However, Home Office guidance states that caseworkers have the discretion to overlook brief periods of unlawful residence. This may be particularly relevant for applications under the 10-year long residence route. We can advise you on drafting a detailed letter explaining the duration of your unlawful residence and the reasons for it.

Submit the correct documentation

We will carefully check your application to ensure you have all the required documents and that they are submitted in the correct order. If your application has been refused, we will fight tenaciously to have the refusal overturned so you can proceed with making the UK your permanent home.

For a consultation regarding your Indefinite Leave to Remain application or refusal

please call us on 0208 300 6666 or complete the form below.