What is indefinite leave to remain?

Indefinite leave to remain is permission given by the Home Office, which grants an individual the right to work and live in the UK indefinitely, free from any immigration restrictions.

To apply for indefinite leave, an individual has to complete a form, in most cases pay a fee, enrol their biometric information and provide valid evidence that supports their application.

Applying for indefinite leave to remain

The first step when applying for indefinite leave to remain is ensuring you are eligible to apply. Indefinite leave to remain is available to individuals who have been granted leave to remain in the UK for the relevant period in their immigration category that leads to settlement.

In most visa categories such as the Tier 2 (General) Migrant category, the relevant qualifying period is five years, but other categories may vary. It is important to bear in mind that the continuous residence requirement may be affected if you have taken excessive absences from the country for instance if you have been absent from the UK for more than 180 days in any 12 months during the qualifying period.

As well as being resident in the UK for the qualifying period, individuals also must demonstrate they have sufficient knowledge of language and life in the UK which includes being able to speak the English language and understand life in the UK by passing the Life in the UK Test.

The second step in applying for indefinite leave to remain is completing the relevant form. There are different forms you have to complete depending on how you qualify for indefinite leave to remain in the UK.

For instance, the SET (M) form is used if you are applying as a partner of settled person or parent of a child who is already settled in the UK and the SET (O) form is used if for a range of other visa categories.

After submitting the form, you have to pay any applicable fees and arrange an appointment for you to enrol your biometric information. Biometric information includes a digital photo of yourself, your signature and your fingerprints.

You would then either scan or send documents in support of the application to the Home Office.

Do you need advice on your ILR application?

At Vestra Lawyers, our specialist solicitors are experts in immigration law and will support you through your application for indefinite leave in the UK. Call us on 0121 728 5999 / 0203 929 5999 or complete our online contact form today.

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