Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study.
ILR is granted under UK domestic legislation, PR was (before Brexit) acquired automatically, if certain conditions were met, under EU law.
A person with indefinite leave to remain is eligible for access to public funds and welfare in the UK.
Alternatively, if the child lives in the UK until age 10, they will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act.
Unlike people with Limited Leave to Remain (LTR) in the UK, ILR holders have access to public funds.
As a result, they are able to claim job seekers' allowances and other benefits that are usually available only to British and Irish citizens (and those with “settled” status).
That is, they are not charged as international students, unlike LTR visa holders, if they want to study courses in any UK institutions.
A person who has lived in the UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(O): A person who has lived in the UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(BUS): A person who has been granted humanitarian protection since 30 August 2005 and whose current 5-year permission to stay is due to expire can apply for ILR using Form SET (Protection Route).
A person who has lived in the UK for 5 years under the Gateway Protection Programme can apply for ILR using Form HPDL.
[7] A person aged under 18 who has lived in the UK for 7 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP) if it would not be reasonable to expect the applicant to leave the UK.
[5] After living in the UK for 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.
[5] After living in the UK for 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.
[8][9] A person who has lived in the UK for 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP).
[5] After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.
[8][9] Alternatively, a person who has lived in the UK for less than 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment), but faces very significant obstacles to integrating into the country to which he/she would have to go if required to leave the UK, can apply for leave to remain on the grounds of private life using Form FLR(FP).
[5] After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.
Economic migrants and students coming to the UK from outside the EU are charged a £50 levy in addition to their normal visa application fee.
[17] However, the levy is still charged; the extra income "will now contribute to the cost of the visa and will mitigate increases that the Government would otherwise have had to make.
Hence, for example, a French citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000.
[30] With effect from 3 April 2006, the period of time required to obtain Indefinite Leave to Remain increases to five years.
"[31] There are two ways the applicant can meet this condition:[32] On 9 July 2012, the 14-year rule (paragraph 276B(i)(b)) (which provided a route to settlement on the grounds of long residence, lawful or unlawful) was withdrawn.
Instead, the new Immigration Rules provided that at least 20 years' continuous residence, lawful or unlawful, would, subject to criminality and other criteria, normally be necessary to establish a claim to remain in the UK on the basis of the Article 8 right to respect for private life.
(The 10-year rule (paragraph 276B(i)(a)), which provides a route to settlement on the grounds of continuous lawful residence in the UK of at least 10 years, was unaffected and remains in place).