Switching to Indefinite Leave to Remain
If you are ready to switch from a UK visa to Indefinite Leave to Remain, our UK Immigration Lawyers can guide you through the process.
In this blog, our ILR Solicitors look at the rules for switching to Indefinite Leave to Remain.
UK Online and London-Based Immigration and ILR Lawyers
For fast UK settlement advice, call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Appointments are available for phone, Zoom or Skype consultations or at our offices in London.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Switching from a UK visa to Indefinite Leave to Remain
It is best to switch yourself and your family from visa status to settled status as quickly as possible. Why? Firstly, there is the money side of things:
- You will no longer have to apply to renew your visa, so you won't have continued Visa Solicitor fees or visa application fees
- You won't have to continue to pay the immigration health surcharge
Secondly, ILR status gives you and your family a sense of freedom. Here is why:
- If you are in the UK as a sponsored worker and decide to change your job, you won't need to be sponsored by a new employer
- You won't need to undergo repeat right-to-work and right-to-rent checks once your immigration status has been checked by a new employer or landlord
- You can come and go in and out of the UK without having to apply for a visa (unless you leave the UK for two years or more)
If you plan to stay in the UK, then switching from a visa to ILR as soon as you can makes sense because:
- The ILR eligibility criteria aren’t likely to get easier; if anything, they may get harder, so you might lose out by delaying your settlement application
- If you want to become a British citizen, you can't apply for citizenship unless you hold ILR status for at least a year
- The UK government may make the criteria for British citizenship harder, so the sooner you get ILR, the sooner you can think about applying for British nationality
The rules on switching to ILR
The immigration rules on switching to ILR depend on the type of visa you hold. Each type of visa has a residence requirement and specific settlement criteria. It's best to take specialist immigration legal advice from UK Immigration Lawyers on settlement options when you first apply for a visa. That advice will help you plan your settlement application and make the process as straightforward as possible.
The residence requirement for ILR
Every ILR applicant must meet a residence requirement, but the length of the requirement depends on the type of visa you hold.
Here are some of the ILR residence requirements for various visas:
| Visa type | Length of ILR residence requirement |
| Skilled Worker Visa | 5 years |
| Family Visa including Spouse Visa and Unmarried Partner Visa | 5 years |
| Innovator Founder Visa | 3 years or potentially 5 |
| Global Talent Visa | 3 years or potentially 5 |
| Long residence | 10 years |
Residence requirement rules can be tricky to navigate because:
- Not all UK visas lead to ILR. For example, entry on a Visitor Visa doesn’t lead to settlement and time spent in the UK on a Visitor Visa or Graduate Visa doesn’t count toward your residence requirement
- In some cases, you can switch visas whilst in the UK, and time spent on both visas will count towards your residence requirement. In other situations, it won't
- Absences from the UK can mean earlier time spent in the UK on a visa doesn’t count towards your residence requirement, and you need to restart your ILR clock
- Some visas have different absence rules, so you can't assume that you will qualify for ILR because a friend was absent from the UK for similar periods to you, and they secured ILR
Our ILR Lawyers in London always recommend that you check with the experts on the residence requirements for your visa and circumstances. This can avoid disappointment by helping you stick to the absence rules and avoid having to start your residence requirement time again.
General requirements for ILR
Although each visa type has specific ILR eligibility requirements, there are some general ILR eligibility criteria. Every Indefinite Leave to Remain applicant must:
- Have immigration status, meaning that the applicant is in the UK legally and has not overstayed on their visa
- Meet the English language requirement, although not all applicants will need to sit an English language test to meet this requirement. Applicants are exempt if they are under 18, over 65, have specific qualifications, or are from a majority-speaking English country. An applicant doesn’t need to re-sit the test if they have already passed it as part of their visa application process
- Have passed the Life in the UK test. An applicant is exempt from sitting the test if aged under 18 or over 65. If the test is passed for ILR, then a British citizenship applicant won't need to pass the British citizenship test if they decide to apply for British nationality
- Meet the continuous residence requirement for their visa type, and any absences from the UK are within the rules
- Be of good character as defined in the UK immigration rules
- Meet the financial requirement for their type of ILR application
Talk to an experienced ILR Lawyer
ILR rules are complicated, partially because the rules depend on your visa type and partially because immigration rules remain complex despite the call for clarity and simplicity.
Specialist Immigration Solicitors can help you secure Indefinite Leave to Remain by identifying the residence requirement and specific ILR rules applicable to your circumstances and the documents you will need to provide in support of your settlement application. When it comes to ILR paperwork, your ILR Lawyer will tell you to forget common sense and instead stick to the letter of the immigration rules and provide the Home Office with the exact documents identified as necessary by your ILR expert.
OTS Solicitors are Legal 500 recommended Immigration Lawyers who help ILR applicants and their families. Have a look at some of our excellent client reviews highlighting how we have helped clients with their immigration applications and UK settlement journey.
Contact our Immigration Lawyers in London now.
FAQ on UK settlement applications
What does ILR mean?
Indefinite Leave to Remain means you have the right to live in the UK. The rights include the right to work and study. Unlike with a visa, there are no time limits to your right to stay in the UK and no ILR conditions. This means if you came to the UK on a Skilled Worker Visa and got ILR, you are not restricted to working for an employer with a sponsor licence.
Your rights as a person with ILR are identical whether you secured ILR after UK entry on a Family Visa, Work Visa or Business Visa.
Do you have to apply for British citizenship after you have obtained ILR?
You don’t have to apply for British citizenship. ILR can be your long-term status as, unlike a visa, it isn’t time-limited or subject to conditions.
However, you may prefer to obtain British citizenship or dual nationality. This may be important to you if you intend to leave the UK for over two years after obtaining ILR. The immigration rules say if you hold ILR status and you are absent from the UK for two or more years, you require a Returning Resident Visa before you can re-enter the UK. With British citizenship, there are no two-year absence rules.
What documents need to be supplied with an ILR application?
The documents needed to support your ILR application will depend on your visa status and your circumstances. For example, there is a different financial requirement if you are switching from a Skilled Worker Visa to ILR compared to a Spouse Visa to Indefinite Leave to Remain. Also, different paperwork is needed if your sponsoring partner is employed or self-employed. It's best to speak to an experienced ILR Lawyer to ensure that your application is supported by the correct paperwork.
Will I pass the good character requirement?
Many ILR applicants worry unnecessarily about passing the good character requirement. Parking fines or similar infringements don’t mean you are of bad character. If you are concerned that you or a dependant relative may not meet the good character criteria, then our Immigration Solicitors can advise on the specific circumstances.
Speak to our Immigration Lawyers in London now.
For expert advice on making an Indefinite Leave to Remain application, contact us for an appointment at our offices in London or for a phone, Zoom or Skype consultation.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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