What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of UK immigration status that allows individuals to reside in the UK without any time limits. It provides many of the rights British citizens have, such as access to work, starting a business, using the NHS, and receiving state benefits. However, ILR can be lost if the holder spends extended periods outside the UK. Additionally, ILR does not equate to British citizenship, although it opens the pathway to naturalization after meeting certain criteria.
Benefits of Indefinite Leave to Remain
- Work and Business: ILR holders can work freely in the UK, establish businesses, and even sponsor overseas workers.
- Education & Healthcare: ILR gives access to public services like the NHS and domestic tuition rates for UK universities.
- Eligibility for British Citizenship: After holding ILR for 12 months, individuals can apply for British citizenship, with faster options available for those married to a British citizen.
- Children's Citizenship: Children born to ILR holders automatically gain British citizenship, simplifying future applications.
General Requirements for ILR
To apply for ILR, applicants usually must:
- Have lived in the UK for 5 years (some routes allow for 3 or 10 years of residence).
- Meet continuous residence criteria, meaning minimal time spent outside the UK.
- Prove knowledge of English (B1 level) and pass the Life in the UK test (unless exempt).
- Demonstrate good character and meet suitability standards, including a clean criminal record.
ILR is available for various visa categories such as Spouse visas, Skilled Worker visas, and Innovator visas. Long-term residents may also qualify under the "10-year rule."
ILR for Children
Children born in the UK to ILR holders are automatically British citizens, while those born before the parents’ ILR grant can apply for British citizenship once their parents gain settled status. Children born outside the UK to ILR holders must apply for visas to settle in the UK.
ILR and EU Nationals
EU nationals with "settled status" under the EU Settlement Scheme have similar rights to ILR holders but benefit from more flexible residency requirements. For example, settled EU nationals can stay outside the UK for up to 5 years without losing their status.
