Indefinite leave to remain

There is no time limit on indefinite leave to remain permission. However, for most ILR holders, if you stay outside the UK Ireland or Crown Dependencies for 2 or more years continuously, your leave to remain will automatically terminate.

For EU, EEA and Swiss citizens with Settled Status, i.e. indefinite leave to remain granted under the EU Settlement Scheme, ILR automatically terminates if you stay outside the UK, Ireland or Crown Dependencies for 5 or more years continuously.

Changes Immigration will guide you through the eligibility requirements for indefinite leave to remain. Requirements common to most applications are as follows:

• Qualifying residence period of 3, 5 or 10 years in the UK, depending on the basis of the application;
• You must meet the English language requirement; English language ability to level B1 of the Common European Framework of Reference (CEFR). You might fulfil this requirement by virtue of your nationality or a UK degree. A non-UK degree that was taught in English can also be relied on but needs to be supported by certification from UK ENIC, the UK’s agency for assessing qualifications. You could sit an approved English language test to demonstrate the requisite level of English or fulfil the requirement via a couple of other means;
• You must sit and pass the Life in the UK test; and
• You must not spend more than 180 days outside the UK in a 12-month period during the qualifying residence period.

The Home Office will also consider an applicant’s criminal history and any adverse immigration history.

For a Skilled Worker to be granted ILR, you must meet requirements in addition to those common to most application types, discussed above. The additional requirements include the following:

• You must meet the qualifying residence period of 5 years. The 5 years residence period must be continuous and lawful;
• Your sponsor must confirm that they still need your services for the foreseeable future;
• Your salary must meet salary requirements that are dictated by your role and by the circumstances of your sponsorship, e.g. whether your role is on the Immigration Salary List;
• You must not have been absent from the UK for more than 180 days in a 12-month period in the 5 years before you apply;
• You must meet the English language requirement; and
• You must sit and pass the Life in the UK test.

Eligibility requirements include the following:

• You must still be endorsed by the approved endorsing body;
• You must meet either the 3 or 5-year UK continuous residence requirement, depending on whether you are endorsed for Exceptional Talent or Exceptional Promise, respectively;
• You must meet the English language requirement. Unless exempt, you must have English language ability to level B1 of the Common European Framework of Reference (CEFR);
• You must sit and pass the Life in the UK test; and
  – You must have earned money in the UK. You must show that the money earned was related to the field in which you were initially endorsed or to an eligible prize that you received. There is no minimum income requirement.

The processing of Indefinite leave to remain applications takes typically 6 months. The processing can be quicker if you pay for a priority service. The process can be longer in complex cases where the Home Office requires additional checks or documents.

You must not travel outside the UK after submission of your online application form and before receipt of a decision on your indefinite leave to remain application, or the application will be considered withdrawn.