Understanding Indefinite Leave to Remain (ILR)

To stay in the UK permanently, you generally need to obtain Indefinite Leave to Remain (ILR), also known as permanent residency. This status grants you the right to live, work, and study in the UK without time restrictions, and it is a crucial step towards becoming a British citizen.

Understanding Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is the immigration status that allows a person to settle in the UK permanently. Once granted, there are no time limits on your stay, and you can access public funds (though some initial restrictions may apply depending on the route), work, and study freely. Most routes to ILR require a period of continuous residence in the UK (typically 2, 5, or 10 years) under a qualifying visa, along with meeting specific criteria.

Key Routes to Permanent Residency in the UK

While there are numerous pathways to permanent residency, they generally fall into categories based on your circumstances. Below are some of the primary routes, including those derived from the provided references.

1. EU Settlement Scheme (Settled and Pre-Settled Status)

For EU, EEA, and Swiss citizens, along with their family members, who were resident in the UK by 31 December 2020, the EU Settlement Scheme offers a route to permanent residency. This scheme was established following the UK's departure from the European Union.

• Settled Status: If you have lived in the UK for a continuous period of five years (or less for certain exceptions), you are typically eligible for settled status. This grants you indefinite leave to remain. It means you can stay in the UK permanently.
  • Eligibility Example: An Italian national who moved to the UK in 2016 and lived continuously until applying for settled status in 2021 would likely qualify for settled status.
• Pre-Settled Status: If you have lived in the UK for less than five years but were resident by 31 December 2020, you can apply for pre-settled status. This provides temporary leave to remain, typically for five years. You can then apply for settled status once you have accumulated five years of continuous residence.
  • Eligibility Example: A Polish national who moved to the UK in 2019 and applied under the scheme by the deadline would initially receive pre-settled status, which they could later upgrade to settled status after reaching five years of residence.

2. Right of Abode in the UK

Having Right of Abode means you are free from UK immigration control and can live and work in the UK without any restrictions. This is effectively a permanent right to live in the UK, similar to British citizenship in terms of residency rights.

• Who Qualifies? You might have right of abode if:
  • You are a British citizen.
  • You are a Commonwealth citizen who had right of abode immediately before 1 January 1983 and you have not lost it.
  • You are a Commonwealth citizen with a parent who was a British citizen when they were born, and you were born before 1 January 1983.
  • You are a Commonwealth citizen who was a citizen of the UK and Colonies and had right of abode immediately before 1 January 1983.
• Proof: If you have right of abode, you can apply for a certificate of entitlement to right of abode in your passport to prove it. This is particularly useful for Commonwealth citizens who aren't British citizens but hold this right.
  • Practical Insight: This status is often inherited or granted by specific historical legislation and is not something you typically apply for as a new immigrant.

3. Application to Stay in the UK as a Stateless Person

If you are a stateless person (meaning no country recognises you as a citizen under its laws) and are present in the UK, you may be able to apply for leave to remain. This is a specific route designed to offer protection and a pathway to stability for individuals who would otherwise have no legal home.

• Criteria: To qualify, you must:
  • Prove that you are not considered a national by any country.
  • Show that you are unable to obtain a right to reside in any country.
  • Demonstrate that you have no realistic prospect of becoming a national of any country in the foreseeable future.
  • Be legally present in the UK when you apply.
• Process: If successful, you may initially be granted limited leave to remain (e.g., 5 years), which can then lead to Indefinite Leave to Remain (ILR) after a specified period, typically after 5 years of continuous residence on this route.
  • Example: An individual born in a country where they are not granted citizenship due to discriminatory laws, and who cannot return to their parents' country of origin, might apply for stateless leave in the UK.

Other Common Pathways to ILR (Beyond References)

While the above are specific routes, many individuals gain permanent residency through more general immigration categories after a qualifying period.

• Work Visas:
  • Skilled Worker Visa: After 5 years on a Skilled Worker visa, you can usually apply for ILR if you meet salary thresholds and continuous employment criteria.
  • Innovator Founder Visa: Entrepreneurs who have successfully established and run an innovative business in the UK for a qualifying period (usually 3 or 5 years) can apply for ILR.
  • Global Talent Visa: Individuals recognised as leaders or emerging leaders in academia, arts, digital technology, or science can apply for ILR after 3 or 5 years.
• Family Visas:
  • Spouse/Partner Visa: If you are married to or in a civil partnership with a British citizen or someone settled in the UK, you can apply for ILR after 5 years on a spouse/partner visa, provided you meet financial and relationship requirements.
  • Parent of a British Child: After 5 or 10 years, depending on the route, parents of British children may be eligible for ILR.
• Long Residence:
  • You can apply for ILR if you have lived in the UK continuously and lawfully for 10 years. This is known as the "10-year long residence" route.
• Asylum or Humanitarian Protection:
  • If you are granted asylum or humanitarian protection in the UK, you are initially given limited leave to remain, typically for 5 years, after which you can apply for ILR.
• UK Ancestry Visa:
  • Commonwealth citizens with a grandparent born in the UK can apply for a UK Ancestry visa. After 5 years on this visa, they can apply for ILR.

General Eligibility Requirements for ILR

Regardless of the specific route, most ILR applications require you to meet several general criteria:

• Continuous Residence: You must have lived in the UK for the required period without excessive absences (e.g., typically no more than 180 days in any 12-month period for a 5-year route).
• Knowledge of English and Life in the UK: Most applicants (unless exempt due to age or specific circumstances) must pass the Life in the UK test and prove their English language proficiency to a certain level (B1 CEFR).
• Good Character: You must not have any serious criminal convictions or breaches of immigration laws.
• Financial Requirements: For some routes (e.g., family visas), you must meet specific financial thresholds.

Application Process Overview

Applying for permanent residency in the UK typically involves:

1. Checking Eligibility: Determine which route is appropriate for your circumstances and ensure you meet all the specific criteria.
2. Gathering Documents: Collect all necessary supporting documents, which may include passports, visa endorsements, proof of residence, financial evidence, and English language certificates.
3. Completing the Application Form: Submit your application online via the UK government's official website (GOV.UK).
4. Paying the Fee: There is a fee for ILR applications.
5. Biometrics and Supporting Documents: Attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to provide your biometrics (fingerprints and photo) and submit your documents.
6. Decision: The Home Office will process your application and issue a decision.

Summary of Permanent Residency Routes

Staying in the UK permanently is a goal for many, and navigating the various immigration routes requires careful consideration of individual circumstances and strict adherence to the Home Office's requirements.