Apply for indefinite leave to remain after 5 years

Apply for indefinite leave to remain after 5 years

Understanding how to apply for Indefinite Leave to Remain after 5 years

Indefinite Leave to Remain (ILR) can also be seen as a permanent residency permit. It grants an individual the freedom to live and work in the UK without time constraints. It’s like a permanent ticket to reside, study, or seek employment opportunities in the UK. This status allows you to benefit from public funds, including NHS healthcare. It’s a significant milestone in your journey to make the UK your permanent home.

What are the requirements to apply for indefinite leave to remain after 5 years

Achieving ILR isn’t an automatic right. Specific criteria must be fulfilled, and these include:

Continuous Residence

A minimum of five years of legal and continuous residence in the UK is needed. This is often referred to as the ‘5-year residence period’.

Limited Absence

Your total absence from the UK must not exceed 180 days in any 12 consecutive months throughout these five years. This absence includes all forms of trips abroad, for business, holidays, or otherwise.

Good Character Requirement

You must show respect for the law and not have any criminal record. This demonstration of good character is crucial for your ILR application.

Life in the UK Test

This test checks your understanding of UK life, its traditions, and history. Passing this test is a compulsory part of your ILR application.

English Language Proficiency

Being proficient in English—in speaking, reading, writing, and understanding—is required. You can prove this through an English language test or a degree taught in English.

Indefinite Leave to Remain Application Process

Before you make the application, you must ensure that you meet the criteria otherwise the application will be refused and this will cause you all sorts of complications.

Check Eligibility

Before you start your application, ensure that you meet all eligibility requirements.

Prepare Documents

Gather necessary documents like your current passport or travel ID, proof of your 5-year continuous residence, and evidence of passing both the Life in the UK Test and English language test.

Online Application

Fill out the online application form provided on the UK government’s website, offering all necessary details about your personal history, immigration status, and UK life.

Pay Application Fee

The ILR application fee, currently set at £2,404, for each person, should be paid online during the application process.

Submit Biometric Information

After applying, you will receive an invitation to provide your biometric information. You must book an appointment for this, which involves providing your photograph and fingerprints.

Wait for Decision

Once your biometric appointment is complete, you’ll have to wait for a decision. This can take up to 6 months.

Living with ILR

Achieving ILR means freedom in the UK. You can live, work or study without restrictions. It also allows you to access NHS services just like any UK citizen. In most cases, you can even apply for British citizenship a year after receiving your ILR.

If your indefinite leave to remain in the UK application is refused

You will need prompt legal advice if you apply for indefinite leave to remain after 5 years and it is refused. Lawyers may need to seek a review, make an appeal or seek judicial review of the decision, if appropriate, on your behalf.

Other ways of obtaining permanent residency if you do not meet the rules to Apply for indefinite leave to remain after 5 years

Besides the standard ILR, other types exist, like the Long Residence ILR, for people who’ve lived legally in the UK for 10 continuous years.

The journey to ILR can be daunting, but it’s well worth it. It is a vital step towards fully integrating into UK society and fully enjoying the benefits that come with living in the UK. We hope this guide simplifies the process for you and answers some of the pressing questions you may have had about ILR.

If you need more help, our team is always ready to offer professional assistance. Our immigration lawyers have years of experience and can provide expert advice on any issues you may face during your visa journey. Don’t hesitate to reach out and let us help make your dream of living in the UK a reality.

We highly recommend engaging legal assistance from the outset. Do not wait for things to go wrong before hiring expert immigration lawyers.

Call expert Birmingham immigration lawyers on on 0121 309 0013 or email or use our contact form to reach out.