The Immigration Rules allow you to apply for Indefinite Leave to Remain (ILR) based on 10 years long residence after you have lived in the UK continuously and lawfully for 10 years.

Page Contents

  1. Overview
  2. ILR Requirements & Eligibility
  3. Indefinite Leave to Remain Document Checklist
  4. ILR Application Super Priority Service (UKVCAS)
  5. ILR Application Processing Time
  6. Can You Lose Your Indefinite Leave to Remain (ILR) in the UK?
  7. Our Fee for ILR Application
  8. Do You Need Legal Help?

Overview

ILR 10 years long residence application is made by using application form SET (LR). The applicant for ILR 10 years long residence is required to meet the eligibility criteria as set out in paragraph 276B of the Immigration Rules.

Paragraph 276B of the Immigration Rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. But there are complications and qualifications. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful.

Any absence of more than six months will break "continuous residence" and so will departing the UK in certain circumstances. A break in continuous residence will in effect restart the clock. The person is not allowed more than 18 months outside the UK in total, which is a period of 540 days. Days of departure and return do not count towards the total; it is only whole days outside the UK which count.

However the Home Office policy guidance also state that where there are absences in excess of six months at once or 540 days in total; it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

We are expert in dealing with all types of ILR applications and if instructed we will carry out all the work on the application until the decision is received from the Home Office UKVI.

Please contact expert UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history or any period of over stay.

ILR Requirements & Eligibility

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.

The most fundamental requirements are:

You must also meet all the other eligibility requirements. Please contact us for initial assessment to determine your eligibility, and to discuss the options.

What is 'Continuous Residence' in the UK for ILR?

The continuous lawful residence in the UK  is a main requirment of Indefinite Leave to Remain (ILR) applications. Continuous residence means the time you've spent in the UK without gaps.

ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

'English Language' Requirement for ILR Applications

If you are applying for Indefinite Leave to Remain to settle in the UK and you’re 18 or over then you might need to prove your knowledge of the English language.

ILR applicants from non-English speaking countries need to prove their knowledge of English by passing a secure English language test (SELT) taken through a Home Office approved English language test centre.

You can prove your knowledge of the English language by having either an English qualification at B1, B2, C1, or C2 level or a degree taught in English.

You do not need to prove your knowledge of English if you are aged 65 or over or unable to, because of a long-term physical or mental condition.

Your ILR application will be refused if you send the wrong English language qualifications.

'Life in the UK Test' Requirement for ILR Applications

The Life in the UK test is a compulsory requirement for the Indefinite Leave to Remain applications.

The main object of the Life in the UK test is to prove that the applicant has adequate knowledge of British life such as British values, history, traditions and everyday life.

Life in the UK test is a computer-based multiple-choice question test based on the Life in the UK handbook.

You will have 45 minutes in total to answer 24 multiple-choice questions and You must score 75% or more to pass the test.

You have to pass the Life in the UK test in order to apply for Indefinite Leave to Remain (ILR) unless you:

  • are under 18
  • are 65 or over
  • have passed it before
  • have a long-term physical or mental condition

The 'Suitability' Requirement of ILR Applications

Your application should not fall for refusal on the general grounds of refusal and many other factors may form part of the assessment of your ILR application.

These factors may include your personal history, grounds of public interest as to why it would be undesirable to grant you ILR, your immigration history as you must not have breached the conditions attached to your leave, any period of overstay unless paragraph 39E is applicable and any other adverse factors indicating you are not a person of good character.

Indefinite Leave to Remain Document Checklist

In the support of your ILR application, you need to provide various supporting documents depending upon the type of ILR application and your circumstances.

Below is a standard checklist of the required documents to support the Indefinite Leave to Remain application:

  • A current Passport, valid Photo ID or valid Travel document;
  • BRP Card (if issued to you);
  • Table of absences from the UK;
  • Proof of knowledge of the English language;
  • Proof of passing the Life in the UK test;
  • Proof of adequate accommodation.

You must also provide all the other supporting documents as per your circumstances & type of ILR application. Please contact us for initial assessment to determine your eligibility, and to discuss the options.

ILR Application Super Priority Service (UKVCAS)

You can get a faster decision by the end of the next working day on your ILR application by using Super Priority Service (if you’re eligible).

The Super Priority Service for ILR Applications is an added value service and is payable in addition to the Indefinite Leave to Remain application fee.

Following is the step by step process for submitting an application through new UKVCAS Super Priority Service of the Home Office UKVI offered through Sopra Steria, a new commercial partner of the Home Office, UKVI:

  • Application form is completed online and submitted online;
  • Application fee is paid online and an appointment is booked online for the Super Priority Service;
  • The relevant documentary evidence in support of the application is uploaded online;
  • The applicant enrols his/her biometrics at the UKVCAS application centre;
  • The applicant then leaves the UKVCAS application centre to get a decision on the application within 24 hours i.e. normally very next working day.

ILR Application Processing Time

The general processing time for a UK Indefinite Leave to Remain (ILR) application is 3 to 6 months. The processing time of the ILR application starts from the date you enrol your biometrics and attend your appointment.

Sometimes it may take longer for the Home Office to decide your application due to the complexity of the matter or if there are further enquiries to be made.

Can You Lose Your Indefinite Leave to Remain (ILR) in the UK?

Yes, you can lose your Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) status in certain circumstances as mentioned below.

You can lose your indefinite leave if you stay outside the UK for 2 or more years. Should you wish to return to the UK after an extended absence of more than 2 years then you will need to apply for entry clearance as a returning resident before coming back to live in the UK.

You can lose your indefinite leave if you granted settled status under the EU Settlement Scheme and you stay outside the UK for 5 or more years.

Your indefinite leave will be invalidated, if you are deported from the UK.

Indefinite leave can also be taken away (revoked) if you are liable to deportation but cannot be removed for legal reasons, such as the UK’s obligations under the Refugee Convention or the European Convention on Human Rights (ECHR).

Indefinite leave can also be taken away (revoked) if you obtained leave by deception.

You can lose your indefinite leave if you were granted leave as a refugee and cease to be a refugee.

Our Fee for ILR Application

If you need help with your Indefinite Leave to Remain (ILR) / Settlement application, please feel free to contact highly experienced UK immigration lawyer at Rex Law Chambers for legal assistance with your application.

Our fixed fee

We charge a fixed fee starting from £1000 for our professional legal services in relation to Indefinite Leave to Remain (ILR) application. The agreed fixed fee will depend on the complexity of the matter and the casework involved in the matter.

Do you need legal help?

Contact Rex Law Chambers, if you have any questions or need legal help with any UK immigration law related matter. At Rex Law Chambers, we specialise in a wide range of UK visas and nationality applications and our principal immigration lawyer has wealth of experience and expert knowledge to deal with all types of UK visas and immigration applications. He has successfully handled many complex and high-profile cases and also represented clients in their immigration matters.

We can provide one-off FREE general legal advice via live chat or our "Enquiry Form". The FREE advice does not cover the advice in relation to complex legal issues or advice about documents to be submitted in support of the application. If you would like to to get detailed legal advice then please schedule an in-person, Zoom, Skype or phone consultation by using our "Appointment Request Form".

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