The Fastest Routes to Get Indefinite Leave to Remain (10-year residency route) (12 December 2022)

Anyone can apply for Indefinite Leave to Remain (ILR) once they have been living legally in the UK for a minimum of 10 continuous years.

Lawful residence can be achieved via any combination of UK visas, such as student, skilled worker and spouse visas.

The Requirements

Certain criteria must be met for an ILR application to be successful. You must:

• Have completed 10 years of continuous lawful residence in the UK
• Comply with all the terms of your previous visas /leave
• Show proof of English language proficiency in one of the following ways: - Be a national of an English- speaking country; or - Have a degree that was taught in English; or - Pass an accredited English language test
• Pass the ‘Life in the UK’ test
• Meet the continuous residency requirements*
• Have no reasons with regards to public interest on why it would be questionable to grant you ILR

* In order to meet the residency requirement, you should have not lived outside of the UK for more than 540 days in the 10 years leading up to the date the application is submitted. Furthermore, you cannot have spent more than six months outside the UK on any one occasion.

There can be times where discretion can be exercised where excess absences have been in compelling or compassionate circumstances. For example, where the applicant was prevented from returning to the UK through unavoidable circumstances, such as those involving COVID-19.

If you are granted ILR and live outside of the UK for more than two years, the Home Office may revoke your ILR status. Those who do not meet the above criteria may be able to extend their leave and apply for Discretionary Leave (DL).

The Documents and Evidence Required

1. Passport
2. Any previous travel documents
3. Evidence of current leave to remain (visa or Biometrics Residence Permit)
4. List of all absences from the UK during the last 10 years
5. Proof of English language proficiency
6. Proof of passing the Life in the UK test

Why Apply for ILR?

Indefinite Leave to Remain allows you to live and work in the UK free from visa restrictions. You will be able to travel out of the UK and return without fear of being denied entry at the border. Once you have ILR you will be able to sponsor your immediate family members (spouse and children, and your parents if you are a minor) to join you in the UK.

In summary

You must meet the requirements outlined above to obtain ILR. An experienced lawyer will be able to identify any exceptions, if you do not meet the requirements, and will explain these in legal representations so that caseworkers can exercise discretion.

Our team has successfully completed many ILR applications and would be more than happy to advise and assist you with your own.

About the author: Angelique Hu is a legal caseworker in our business immigration team who assists a broad range of issues, such as immigration, asylum and human rights matters. She can be contacted via email on AngeliqueH@duncanlewis.com or on 020 3114 1274.

Angelique works under departmental director Tamana Aziz is also expert in all areas private/business Immigration law, and has more than 20 years’ experience assisting people with a wide variety of immigration law cases and applications. Contact her via email at tamanaa@duncanlewis.com or by telephone on 020 3114 1130.