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Indefinite Leave to Remain in the UK (Settlement)

Visa holders can apply for indefinite leave to remain to settle after living in the UK for a number of years. 

Indefinite leave to remain is also called ‘ILR’ or ‘settlement’. It gives you the right to live, work and study in the UK without restrictions and to apply for benefits if you’re eligible.

When you have settled in the UK, you can apply to naturalise as a British Citizen, usually 12 months after obtaining ILR or immediately if you’re married to a British Citizen.

You can bring dependants to the UK under the Family visa route.

Indefinite leave to remain will lapse if you leave the UK for a continuous period of two years.

Eligibility

Check if you can apply for indefinite leave to remain (gov.uk)

You may be able to apply to settle in the UK under the EU Settlement Scheme.

Most visa holders can apply to settle after five years’ continuous residence in the UK under an eligible route such as Skilled Worker, Dependant or Family visa. Details can be found in the guidance for each visa route:

Details on settlement for dependants is available in the guidance for the main visa type.

Some visa types do not count towards settlement, including Student, Graduate and Temporary Worker.

Global Talent visa holders can apply to settle after five years, or three years if you received an endorsement by UKRI, the Royal Society, the British Academy or the Royal Academy of Engineering.

Visa holders who have lived in the UK for ten continuous years, may be able to apply under the 'long residence' criteria, which allows a combination of immigration routes, with some exceptions.

Dependants must meet the eligibility criteria and apply for indefinite leave to remain in their own right. If the main visa holder obtains ILR first, any dependants will have to apply for an extension of their current visa until they qualify for ILR. 

Requirements

In order to apply, you must:

  • pass a 'Life in the UK' test
  • meet the English language requirements
  • meet the 'continuous residence' requirement. This may be 3, 5, 10 or 20 years, depending on the visa route
  • meet the salary requirements if required, eg for Skilled Workers
  • apply when eligible - the earliest date is 28 days before you've been in the UK for the continuous residence period for your visa type
  • request an employment reference letter from HR if required for your visa type, eg Global Talent and Skilled Worker.

Costs

You will need to pay the indefinite leave to remain fee, and there are no Immigration Healthcare Surcharge fees. There are additional fees for the Life in the UK test and if required, for obtaining evidence of your English language skill. Priority fees are payable for faster decision times.

Timescales

Decisions on Indefinite Leave to Remain applications usually take around 6 months, however priority services are available if a quicker decision is required. See the current timescales for applications submitted within the UK (gov.uk)

Support

We may be able to reimburse your Indefinite Leave to Remain fee. We also offer a salary advance scheme for the cost of the ILR fees for you or your dependants.

We are not legally qualified to give immigration advice, and the University cannot submit visa applications on behalf of employees. However, we can direct you to further sources of information to help with visa or immigration issues.

How to apply for Indefinite Leave to Remain

You must read all the guidance before you make your application.

You can check which documents you need to apply for indefinite leave to remain in the UKVI guidance. There is usually a document checklist at the end of your online visa application form.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, as UKVI will withdraw your application if you leave the UK.

Next Steps

You must apply for Indefinite Leave to Remain online, and the application process and requirements are set out on the UKVI webpage.

You must follow these steps:

  • Keep in touch with HR and your line manager.
  • Create a UKVI account (if you don't already have one).
  • Complete and submit your online ILR application and pay the Indefinite Leave to Remain fee.
  • Upload any supporting documents.
  • Attend an appointment to enrol your biometric information.
  • Inform HR when you obtain your new eVisa.
  • Access your eVisa to check all details.
  • Report any incorrect information as soon as possible.
  • Link your current passport details to your eVisa in your UKVI account (gov.uk).
  • Use the view and prove your immigration status to generate a share code for your right to work check.
  • Make an appointment for a zoom call to complete your right to work check.

Useful information and links

If you have any questions or queries you can contact the team at hr-compliance@york.ac.uk