Indefinite leave to remain (ILR), commonly know as permanent UK residency, is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on his stay and who is free to take up employment or study, without restriction. An application for Permanent residency in the UK can be made by people who have previously been successful in applying for a visa in Britain in a category leading to settlement
The holders of ILR should not spend periods of more than two years outside the United Kingdom. A long term UK resident should consider the United Kingdom as home and spending only short periods of time in Britain may lead to the loss of ILR.
The applicants must apply before the end of their authorized stay in the United Kingdom. The applications should not be submitted more than 28 days before completing the qualifying period. If an application is submitted earlier than that, it may be refused. If that happens, no fee will be refunded and new fee will have to be paid again when reapplying.
In the following categories, the qualifying period is 5 years:
- work permit holder;
- employment not requiring a work permit;
- writer, composer or artist;
- UK ancestry; and highly skilled migrant.
The qualifying period in the ex HM Forces category is 4 years.
In the long residence category, the applicant must complete at least 10 years.
On the application form are included, with the exception set out below, the applicant and his spouse, civil partner, unmarried or same sex partner and/or children under 18 if they are applying as his dependants.
The immigration rules for the
Long residence in the UK category do not allow for dependants. If the applicant includes any dependants, their applications will be refused. Because of this, they should apply separately in their own right and pay the prescribed fee.
Since Apr 2, 2007 the applicants should demonstrate knowledge of life in the United Kingdom as well as language ability. There are two ways in which they can do this:
- If the applicant is already at or above ESOL (English for Speakers of other languages) Entry 3 standard of English he will be able to undertake a specially developed short test called "Life in the UK Test".
Or
- If he has not reached ESOL Entry 3 he will need to gain an approved English for Speakers of Other Languages (ESOL) qualification through attending an ESOL course which includes citizenship materials at a local college.
Life in the UK Test
The applicant will need to take the test on a computer at one of the 100 or so Life in the UK Test centres in the UK. The test is managed on behalf of the Home Office by Ufi Ltd, which is responsible for "learndirect" and "UK online centres". The test consists of 24 questions based on the information contained in the handbook "Life in the United Kingdom: A Journey to Citizenship”. The handbook was originally published in December 2004 and a revised handbook was published in spring 2007. The applicant needs to make sure he read the correct edition of the handbook, which will vary depending on when he takes his test. If he is taking the test on or after 2 April he should study the second edition of the handbook. However, applicants can still take the test based on the first edition of the handbook up until 30
th June 2007.
English for Speakers of Other Languages (ESOL)
If the applicant is not yet at ESOL Entry 3 he will be able to meet the new requirements by successfully completing a language course, involving learning materials which incorporate information about citizenship. These materials are intended to enable him/her to gain sufficient knowledge of the UK at the same time as developing his/her knowledge of the English language. In order to meet the requirements for settlement, he/she will need to show that he/she has progressed from one ESOL level to the next. Courses are, or will be, available at many Further Education, Adult and Community Colleges across the UK. The applicant will need to make sure the college course that he/she enrols for includes the "language with citizenship" materials and that the college will give applicant a letter to this effect when he/she has successfully gained her/his qualification.