Indefinite Leave to Remain (ILR)

After living in the UK legally for consecutive years, you can apply for settlement – or indefinite leave to remain (ILR).
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Indefinite Leave to Remain (ILR)

Applicants who have lived in the UK legally for a certain length of time, may be able to apply for indefinite leave to remain (“ILR”) in the UK (i.e. settle in the UK). Once you have indefinite leave to remain you have the right to live, work and study in the UK for as long as you like.

Once you have been settled in the UK for a certain amount of time, which varies according to your circumstances, you can apply for British citizenship. There are different ways to apply for indefinite leave to remain according to your circumstances.

Once you have been granted ILR, you will be eligible to use public services such as healthcare without paying a surcharge, and you can apply for benefits and public pension. 

Once you have continued to live in the UK for 12 months after receiving indefinite leave to remain, you may qualify for British citizenship.

How we can help

With varying options and levels of complexity, you need someone who understands the different routes and the requirements of each. Herrington Carmichael’s experienced Immigration team can ensure your application is managed in a co-ordinated manner, with you kept updated every step of the way.

There are various routes, based on visas, that lead to ILR. Many of the have different requirements. Please get in touch if you are unsure of how to proceed with your application or would like assistance for peace of mind. 

You may be able to apply for ILR if you have a work visa, such as the Skilled Worker visa, and have lived and worked in the UK for 5 years under this visa category. However, if you have a tier 1 visa, you could qualify after 2 or 3 years. If you have an Innovator Founder or Global Talent visa, you could qualify after 3 years.

Depending on your visa, there are specific salary or financial requirements that you need to meet. The following work visas fall under this route:

  • Tier 2, T2, International Sportsperson or Skilled Worker Visa
  • Scale-up Worker visa
  • Global Talent, Tier 1 Entrepreneur or Investor Visa
  • Innovator Founder visa
  • represent an overseas business
  • Turkish Worker or Businessperson visa
  • private servant in a diplomatic household with an International Agreement visa, or a domestic worker

To be eligible under the work route, you must:

  • Have lived and worked in the UK for 5 years
  • Not have spent more than 180 days outside the UK in any 12-month period during the qualifying 5-years
  • Meet the salary requirements
  • Continue to be needed in your job and continue meeting the salary requirements once ILR is granted – your employer will need to confirm this
  • Knowledge of language and life in the UK – you will need to pass the life in the UK test

You may be able to apply for ILR if you are in the UK as a partner/spouse or as a dependent and have been on this visa route for 60 months on the 5-year route. You can apply up to 28 days before reaching 60 months in the UK on this route.

To be eligible for ILR, applicants must show:

  • Spouses/partners are still in a genuine and subsisting relationship with their partner
  • The financial requirement is still met (same requirements as visa)
  • There is suitable accommodation available to them
  • They have had leave as a partner on the 5-year route, for 60 months
  • They meet the English language requirement
  • They have passed the Life in the UK test

You may be able to apply for ILR if you (and your dependants) have been in the UK and on this visa route for 60 months on the 5-year route. You can apply up to 28 days before reaching 60 months mark.

To be eligible for ILR, applicants must show:

  • Spouses/partners are still in a genuine and subsisting relationship with their partner
  • The financial requirement are still met (same requirements as visa)
  • There is suitable accommodation available to them
  • Adults plan to, and can, work in the UK once ILR has been obtained
  • You are still a Commonwealth Citizen
  • You meet the English language requirement
  • You have passed the Life in the UK test
  • dependants who are over 18 when applying for ILR need to prove that they were under 18 when first entering the UK on the visa or do not live independent lives. They will need to pass the English requirement and pass the Life in the UK test.

Many Commonwealth Citizens are eligible for the Ancestry Visa which leads to settlement in the UK.

Others, upon meeting specific criteria, may apply for 'right of abode' in the UK. This will result in you becoming a British Citizen without needing to follow any visa or ILR routes.

Right of Abode FAQs

Key contact

Yavan-Brar-PNG
Yavan Brar
Chief Executive Officer

What our clients say about us

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

When selling a business, you only get one chance to get it right and I will be forever grateful for the skill and advice provided by Alex and his colleagues.

Herrington Carmichael were recommended to myself and my fellow directors to act in the selling of our financial services company. Throughout the process I found Alex Canham and Melissa Deutrom to be knowledgeable about our particular industry, they acted in our interests in a diligent but pragmatic way, gave sound advice, were responsive to our requests and focussed on achieving the deadline that we required. I would have no hesitation in recommending them to others in a similar situation.

Alex and Melissa provided a very professional service whilst also ensuring we negotiated some key inclusions and protection into our business sale agreement. Alex was a real ally ensuring that we negotiated the best possible outcomes and found solutions to areas where one didn’t seem to be present. His work alongside Melissa ensured a cohesive delivery of our complex sale – thank you both.

Alex Canham, Ed Beedham and the team did a tremendous job steering us through the sale of Chadney Bulgin. With so many CB Partners involved, their comprehensive presentation of the contracts, together with excellent communication throughout (vital in this type of deal), enabled both a fast & efficient sale process. Much appreciated.

I found Alex and Edward to be responsive, on point, quick to answer queries, professional, efficient and the ability to explain complex issues in layman’s terms. An excellent service and one I would recommend to all.

Alex and Ed were throughout very professional as you would expect, but also always available to settle our concerns and talk us through the procedures. Something that they clearly had plenty of experience at, which showed through and gave us confidence. They took control of the situation, kept us informed and moved swiftly to conclude the business sale, for which we were very grateful.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently resulting in a satisfactory outcome for us as sellers.

Alex, Ed and the team at Herrington Carmichael provided us with excellent advice and support for our company sale, with their knowledge and experience making the process very efficient.

From the start we were impressed with Alex’s understanding of our needs and experience which no doubt helped with our transaction. The whole team were professional and attentive which was refreshing given the complexities involved. What impressed us most was the ability to convey quite technical matters in a way that could be understood.

Excellent level of service provided by Alex, Joel and the team. Our sale was not particularly straightforward, quality advice provided in a timely manner. I am not sure we could have completed our sale without them. Would highly recommend!

We have worked with Alex Canham and Melissa Deutrom at Herrington Carmichael on two separate acquisitions together with numerous general corporate activities. We have always found them to be highly responsive, timely and accurate. We would definitely recommend them to other financial services companies like ours.

Alex Canham is very knowledgeable - he also has a good appreciation of what is the minimum standard and what represents potentially less commercially needed aspects.

A sincere thank you to Yavan and the entire Herrington Carmichael team. You are an exceptionally committed group of individuals. Looking back, it’s impressive what we managed to accomplish over such a short period of time, dealing with a variety of issues that came up during the process. Working with Yavan, Chris, and Michelle was a pleasure. Thanks to all of you as well as the many others working behind the scenes.

Yavan and his team at Herrington Carmichael recently advised us on the assignment of two loans and associated security from third party lenders onto our books. Yavan provided advice of the highest quality and ensured the transactions completed swiftly. They were available whenever we needed to contact them and kept their advice commercially focused to our specific requirements. We have built a good relationship up with the whole team at Herrington Carmichael and would certainly recommend them.

I really enjoyed working with Matt and found him very responsive and helpful when I had any questions. He always got back to me in a timely manner and was very helpful. He’s a real credit to Herrington Carmichael and made the whole process straightforward.

After previous negative experiences with other solicitors, we contacted Herrington Carmichael as a new customer to help support buying a company and transferring shares from another director. Harry and his team were extremely helpful, patient and knowledgeable from the start. For Harry, nothing is too much from a small query to a larger piece of work. Harry is extremely approachable, friendly and professional. Harry kept us informed at every stage and tried to collate work together to keep costs reasonable, especially against the other side who were determined to drag the whole transaction out. We would definitely use Harry and his team again. They are very responsive and pragmatic. Highly recommended.

I would like to express my thanks to Harry Winkley, Joel Gocool and the team at Herrington Carmichael for their pro-active approach in our recent acquisition to the Surelock McGill Group of companies. A smooth transition working closely and professional within our set parameters, also within predicted budget. Many Thanks to the full team at HC.

I found Harry’s advice and support very professional, invaluable and reassuring.

We were very pleased with the service provided by Alex and Harry at Herrington Carmichael. Appointed approximately two months ahead of completion, they demonstrated exceptional diligence and attention to detail throughout. We’re delighted with the outcome and felt thoroughly looked after during the entire process. If you’re looking for a firm to support you through a business transaction, I would have no hesitation in recommending Herrington Carmichael.

There were some very late nights from the team to hit the deadline and they stayed super helpful & cheery even whilst we were quite stressed about it, which was definitely helpful. What I particularly liked about the team at Herrington Carmichael is that everyone seems like a “normal person” where the conversations & advice was presented in a way that was easy to understand and no-one minded follow-up questions as we wrapped our heads around things. The advice seemed actionable and I felt throughout that you understood what we were looking to achieve. HC were recommended to us as being responsive and diligent and that is exactly what we experienced too.

We found working with the team a positive experience. We had early contact with Alex who was reassuring and confident, but from then on, we dealt mainly and personally with Harry who we thought was excellent, especially in the final stages which were quite stressful for us.

It was clear to us from the outset that we were in safe hands and we very much appreciated having the reassurance of Alex and Harry’s ongoing support throughout the process.

Having appointed Herrington Carmichael to act for us in a complex and lengthy transaction, the decision proved to be a very good one. Alex, Harry and the team were knowledgeable, speedy and very willing to help with all aspects of our dealings. I would not hesitate to highly recommend Herrington Carmichael for their first class service.

Harry has been a rockstar throughout our transaction.

Yavan, Chris and the rest of the team at Herrington Carmichael were a pleasure to work with and provided a professional, responsive and pragmatic approach. They distil comments and mark-ups into concise questions to allow us to make commercial decisions without being bogged down in legal jargon, which allows for a smooth, efficient transaction process. I’d happily recommend the team to any of my peers, and always enjoy working with HC on deals.

In building an IFA sector leading business it was essential to have a top-quality legal firm in place which is why I chose Herrington Carmichael to work with me from the start-up phases in 2004 to an eventual sale in 2017. Having returned to the IFA sector again in 2020 to build another quality IFA firm I have once again chosen Herrington Carmichael. Amongst other things, Yavan and his team have provided comprehensive and dedicated legal support in the negotiation and conclusion of a complex multi-investor transaction.

I would like to thank Herrington Carmichael Solicitors for their excellent support in completing the E.O.T transaction. The team worked efficiently and professionally, ensuring the matter was delivered on time and on budget. In particular, I would like to recognise Yavan Brar, Partner and Head of Department, and Sophie Protheroe, Solicitor, for their outstanding guidance and consistent support throughout the transaction. Their expertise, responsiveness, and clear advice made the process smooth and well managed from start to finish. I would have no hesitation in recommending Herrington Carmichael Solicitors for complex corporate transactions.

The team at Herrington-Carmichael provide expert support which is calming when the pressure is on and always based on human connection. Most impressive is their ability to be responsive so that deals stay on track and schedule.

John and I are delighted to have been supported by Yavan & Sophie as we embarked on selling our Company to an EOT. From initial introduction 14 months ago, to achieving completion 2 days ago, Yavan & Sophie have been with us every step of the way. Their knowledge is vast and their ability to steadily walk us through the entire process, as simply as possible, was remarkable. The completion of this process required a number of additional inputs from other experts, all of which, they were able to provide, which just helped with the seamless approach and high level of communication throughout. We just hope they are happy that we were able to keep up with them too! Prior to meeting Yavan & Sophie, we had no knowledge of what an EOT was so to think that within 14 months, we have not only understood the benefits of such a consideration, but have reached the finish line and can sit back and proudly watch the continued success of our business in its new form, is incredible. So thank you for everything.

We are grateful to Yavan, Sophie and the team for their work on transitioning our company to an EOT. They navigated the intricate process of the transition with care and precision, giving all those involved clear understanding and peace of mind throughout the process. Their proactive approach and attention to detail were evident throughout and we wouldn’t hesitate to recommend the team to anyone considering an EOT transition.

HC acted for us in a corporate reorganisation, the sale of shares to an EOT and implementing an EMI for key individuals. The matter was complex and required patience and clear solutions to a number of issues to achieve the goals. Yavan and Sophie provided detailed advice on statutory requirements, a clear explanation of legal terminology, and worked efficiently to allow us to implement the EMI within the necessary timeframe. Great support from Yavan and the team.

Yavan and Sophie made our sale to an EOT straightforward and effortless. From the outset, they took the time to understand our needs and goals, explaining the process and answering all our questions. Their expertise in EOT transitions helped us make the right decisions for our company's future. We highly recommend the Herrington Carmichael team to any business considering such a transition. Their professionalism, expertise, and client care were invaluable.

HC have been excellent and tireless in their efforts to complete the acquisition. The team were always available and always prepared to find mutually acceptable ways of moving past any challenges when they arose. We value their counsel and support.

Yavan and team supported us through the process ensuring we had the right level of guidance and regulatory control for every decision through this process, we felt fully supported and couldn’t have achieved the outcome without them.

Herrington Carmichael has coordinated three purchase and sale transactions for us in the last two years. The advice and guidance provided by the corporate team, led by Yavan Brar, has been well explained, commercially sound and supported by well drafted legal documentation. All legal advice, completions and support provided by Yavan and his team was first rate.

Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance.

We had been working with HC as our corporate lawyers for many years, pre-dating the inception of DataOps.live. Yavan and his team were excellent and tireless in their efforts to execute the funding round in a particularly short timescale, especially given the international time zones in consideration. The team were always available, always prepared, and always thinking of mutually acceptable ways to move past any challenges when they arose. We look forward to working with Herrington Carmichael over the coming years as we look to scale Dataops.live with the strategic input of Anthos Capital and Snowflake Ventures.

Yavan, Chris, and Liz are three of the most attentive, hands-on, and knowledgeable lawyers I have ever had the pleasure of working with. They were always available to answer my questions and provide me with excellent advice. They were also very proactive in managing my case and keeping me informed of its progress. I would highly recommend them to anyone in need of legal representation.

This is a commercially minded practice that is led by a talented lawyer, Yavan Brar, who focuses his team on providing excellence in all they do. The team is genuinely keen to ensure good quality and pragmatic advice for clients and in my experience, this is achieved.

We have worked with Michelle for almost 10 years during which time she has supported us with the corporate secretarial matters of our clients. As our practice has expanded so too has our work with Michelle. Working with a primarily Japanese client base we require extreme attention to detail and very fast turn-around. Michelle has showed herself to be excellent in both regards.

I am a director/adviser to two property management companies, both have been clients of Michelle and the team at HC for around 10 years. Both of my companies have been very well served and advised during this period. Matters dealt with promptly and efficiently I am happy to recommend them.

I wish to thank all at Herrington Carmichael for their prompt and brilliant service. From the outset my case was treated with complete understanding. The legal advice was clear, accurate, and forceful. The lawyers extended themselves to resolve the issues with exceptional celerity and solved a difficult and contentious matter to our complete satisfaction. This was a very model of legal guidance.

Melissa, I just wanted to add my thanks to you for your professionalism and support throughout the process. You helped us stay calm through extremely stressful situations and we are very grateful for that

Melissa provided an in-depth professional service ensuring that we were clear on some of the more complex issues surrounding the agreement. She would always works with our timelines despite it being an extremely busy period for her. Its been really great working with Melissa and I would not hesitate in working with or recommending her and her team now or in the future. Thank you so much for all your insight and knowledge during the past few months.

From outset to finalisation of my legal matter – HC (and in particular Melissa) were exceptional. The level of professionalism provided to me as well as her personal touch when the transaction became difficult to deal with really meant a lot to me. I would not hesitate to recommend Melissa going forward.

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

It was delightful working with Melissa. She made me feel comfortable when dealing with what was a complicated process. Melissa was professional, knowledgeable and dedicated. It was delightful working with Melissa. She made me feel comfortable when dealing with what was a complicated process. Melissa was professional, knowledgeable and dedicated.

Herrington Carmichael were recommended to myself and my fellow directors to act in the selling of our financial services company. Throughout the process I found Alex Canham and Melissa Deutrom to be knowledgeable about our particular industry, they acted in our interests in a diligent but pragmatic way, gave sound advice, were responsive to our requests and focussed on achieving the deadline that we required. I would have no hesitation in recommending them to others in a similar situation.

Melissa has been a pleasure to work with over the last few months, her ability to pick up complex commercial legal matters, together with her attention to detail has been very impressive. We would highly recommend Melissa for any commercial legal matters.

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Charlotte Drury-Woods
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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

If you are between the ages of 18 and 64 when applying for ILR, you will need to book and pass the Life in the UK test.

If you had to meet the English Language requirements as part of your visa application, you will not need to do so as part of your ILR application.

5 continuous years refers to the UK being your primary and permanent place of residence. In most cases, you must not have spent no more than 180 days outside of the UK in a 12 month period.

If you are representing an overseas business or are a diplomat, you will need to ensure you meet this requirement before applying.

You can only apply a maximum of 28 days before you have been in the UK for 5 years on a qualifying visa. If you apply earlier, your application can be refused.

Do not wait until your current visa expires. If it expires, you will need to reapply for your visa and then apply for ILR.

The fees charged by Home Office can be found on their official website here.

You should get a decision within 6 months of applying. It may take longer if your application is complex. You can apply for the priority service to expedite your position.

You can not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you have received your ILR decision. Your application will be withdrawn if you do.

You can pay to get a faster decision for most of the work routes. Fees are as below:

  • Within 5 days: £500
  • By the end of the next working day once biometrics are received on a weekday: £1,000
  • 2 working days after providing biometrics if your appointment is on the weekend: £1,000

Yes. You will need to make an appointment to give your fingerprints and have a new photograph taken. This will be stipulated during your application process.

Your appointment will be made at a UK Visa and Citizenship Application Services (UKVCAS) service point.

You can either upload them onto the online service during your application, you can have them scanned at your biometric information appointment with UCVCAS, or we can assist with your application.

They can apply at the same time as you, or they can apply separately if they do not meet the eligibility requirements yet (if they have not been in the UK for 5 continuous years).

You will need to meet similar criteria as with the visa application with the requirements for partners and children. Children over 18 can apply for ILR if they were under 18 when they first entered the UK as your dependent or if they do not live independently from you. If they are over 18 they will need to pass the Life in the UK test and meet the English language requirements.