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

Usof Shah PNG
Usof Shah
Legal Director

What our clients say about us

We were very happy with our service. Being first-time buyers and brand new to the property world, Annari & Mary-Jayne relieved all of our worries and made our journey very stress-free and relatively easy. Thank you.

We received excellent support in reviewing and modifying our Wills to our latest needs. The communication has always been straightforward and very effective and we achieved the objectives we set at the beginning of the process. Strong expertise and legal knowledge have been key to the successful completion.

It was a very straightforward process & Charlotte explained everything clearly to us in a very friendly way & answered any queries we had. It was a pleasure to have her deal with this matter, and I would certainly come to your firm of solicitors on that basis. Thank you so much.

Paul provided calm, helpful, constructive and thorough advice on my matter and I will be in touch again to progress.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off too make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the entire process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

The service we received was exceptional. We were always updated and Annari would answer any questions I had immediately. Keep doing what you do Annari. Thank you so much for everything, and Amy too.

Thanks again, we’ve always felt in good hands. It is for this reason we’d highly recommend Herrington Carmichael and especially Annari.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the enitre process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

Both Holly Bray & Jessica Brooke were fantastic from start to finish on the purchase of my new build property. Nothing was an issues for them and I didn’t need to chase them for anything at all. I was kept well informed all the way through the process to completion and everything was dealt with in a very pleasant and professional manner. I would happily recommend Herrington Carmichael to anyone looking for a conveyancer for the purchase of their property. 5 stars.

From start to finish Herrington Carmichael staff have been excellent. Communication has been second to none and cannot fault them for everything. Would not hesitate to recommend them to anyone looking for a reliable, friendly and very efficient service.

Being first time buyer, Holly was very helpful in explaining the process and expediting all the things. Thank you very much for quick process.

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Laura and Amy have both been fantastic throughout the whole process. Both were very patient with any questions we had. Everything was made easy for us, making our first house purchase painless and enjoyable. We will certainly be using your company again. Thank you all so much.

Madelyn was always helpful, kind & supportive throughout.

Madelyn Wellstead is a fantastic Senior Apprentice Solicitor who worked on a family law case involving myself and my son. During her time working on my case she was extremely professional and supportive throughout. My case was a very complex case and had alot of ups and downs but Madelyn at all times kept Me informed and up to date. I would highly recommend her as very competent and very knowledgeable and an over all very nice decent person.

Over the past few months Nicole Miller, a Legal Director in Herrington Carmichael’s Private Wealth and Inheritance Department, has provided outstanding service in creating a trust for our family. From the outset, Nicole was professional, knowledgeable, and incredibly reassuring, guiding us through what could have been a complex process with clarity and patience. She took the time to understand our circumstances fully and explained everything in straightforward terms, ensuring we felt confident at every stage.

Nicole’s expertise, attention to detail, and responsive communication gave us complete peace of mind. She handled our matter with both precision and genuine care, making us feel that our family’s interests were truly valued. We are extremely grateful for her support and would wholeheartedly recommend her to anyone seeking expert and compassionate private wealth advice.

Considering the mess I was in when I first met you, I’ve managed to stay intact and that’s mostly down to your advice keeping me on the straight and narrow. For that I will always be grateful.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings. There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

What a joy to deal with a personable, on the ball and helpful individual! You do your organisation a great service helping clients now during Covid as you are, and I would not think twice about using your services in the future. Thank you for being you and going the extra mile!

Throughout the whole process, Roisin acted quickly on all aspects, was easy to get hold of, responded with pace and communicated fantastically, always finding effective ways to translate complex legal jargon into layman’s terms. Roisin is clearly operates at the top-end of her profession and as such, is someone I would wholeheartedly recommend.

I opted to use Roisin at Herrington-Carmichael to support with my purchase & sale as a result of her personable manner. Roisin made me feel that she had my best interests at heart and that I wouldn’t be just another transaction. Roisin more than lived up to my first impression, in fact I attribute the successful completion of my sale and purchase – which all but fell-through at the eleventh hour – to her tenacity, expertise and willingness to go above and beyond.

It’s been a pleasure working with you on my new venture. Your tenacious professional approach to the task in hand, has been refreshingly inspiring to say the least.

Sarah and her team have made this difficult time much better by the way they dealt with my case. The process was straightforward and i would use Sarah again without hesitation.

Sarah was very thorough, extremely knowledgeable but remained personable throughout making me feel at ease when needed.

Thank you again for all your help with what I have been through over the last year and a half. You gave me the confidence and belief to get through what has been the toughest time in my life. (You’ve got this) Thank you.

I can't thank Aadil and Madelyn enough for what they did for me in such a short space of time. I had previously used Aadil and didn't hesitate to contact him again regarding the issue I had.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off to make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I have had the pleasure of working with Liz on several complex property purchases, including overseas based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with client’s solicitors, in order to meet tight completion deadlines. I have no hesitation in recommending Liz for all property related legal matters.

I also would like to specifically recognise Rachel Duncan, Partner Real Estate, for her outstanding support. Her expertise in real estate, particularly within the housing sector, has been exceptional. She provided clear, pragmatic advice on a complex matter, helping us navigate potential disputes and avoid unnecessary costs.....Her practical, solution-focused approach, combined with her responsiveness and professionalism, made a significant difference. She is a real asset to the firm.

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Tim Hardesty is our residential development lawyer. He is a good lawyer and has offered very sound advice. He is able to provide advice on land purchasing, planning, SDLT and issues that impact on the land buying process. What I like about Tim is that he doesn’t use legal jargon and has a common-sense approach to land buying. He is proactive in getting deals done and, importantly from my perspective, doesn’t hold deals up over unimportant legal points. He is also very personable, and well known and liked by other professionals.

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I recently had the pleasure of working with Herrington Carmichael and I can't express how grateful I am for their support and expertise. From our very first interaction, they made me feel valued and understood my needs. Their professionalism and attention to detail were evident in every step of the process. The team was always available to answer my questions and provided clear explanations of the legal jargon, which made everything much more manageable. They navigated the complexities of my purchase with such skill and care, ensuring that I was informed and comfortable at every stage. It was clear that they were committed to achieving the quick turn around from agreement to completion, and their hard work truly made a difference. I could not have asked for a better solicitors in what could have been a stressful experience. I highly recommend Herrington Carmichael to anyone in need of legal services. Their dedication and proficiency are unparalleled, and I am incredibly thankful for the support they provided. Thank you for making this journey so positive!

It was a pleasure working with Liz and Hannah on this transaction, securing crucial funding for an iconic hotel in South Devon. The communication and commercial guidance from Liz, Hannah and the wider Herrington Carmichael team was first rate throughout. I would not hesitate in recommending them for future transactions and look forward to working with the team again soon.

Dealing with Hannah was very easy. She was very helpful and professional.

Absolutely spot on - well done. I cannot be more thankful to all of you for being extremely helpful and professional right from day one. Special thanks to Hannah for getting everything sorted out at the last minute. Thank you for the excellent service and helping us out at every stage of our first house purchase. You will always be remembered!

Meet our experts

Dedicated professionals ready to assist you.

Usof Shah PNG
Legal Director
Neelu-Gurung-PNG
Paralegal

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.