Indefinite Leave to Remain (ILR) is a significant milestone for foreign nationals living in the UK, as it grants permanent residency, allowing individuals to live and work in the UK without any restrictions. For Pakistani citizens who have lived in the UK for a specific period, applying for ILR can be an exciting step toward securing a future in the country. This blog will guide you through the process of applying for ILR, the requirements, and the eligibility criteria.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is an immigration status granted to individuals who have been living in the UK legally for a set number of years. Once granted ILR, individuals do not need a visa to live or work in the UK. ILR holders also have the right to access public funds, healthcare, and education. After holding ILR for 12 months, you may be eligible to apply for British citizenship.

Eligibility Criteria for ILR

Before applying for ILR, it’s essential to meet the following eligibility criteria:

• Residency Requirement: You must have lived in the UK legally for a specific period, typically 5 years, depending on the visa route you entered under. For example, if you are applying through a work visa, you may need to have lived in the UK for 5 years. If you are applying as a partner, the requirement is generally 5 years of residence.
• Continuous Residence: You must have maintained continuous residence in the UK during the qualifying period. This means you should not have been outside the UK for more than 180 days in any 12-month period during the qualifying period.
• English Language Requirement: You will need to demonstrate your knowledge of the English language by providing proof of an English language test or evidence of a degree taught in English.
• Good Character Requirement: You must not have a serious criminal record or immigration violations. Any criminal convictions or breaches of UK immigration law may impact your eligibility.
• Life in the UK Test: You must pass the Life in the UK test, which assesses your knowledge of British history, culture, and society. This is a mandatory requirement for ILR applications.
• Financial Requirement (if applicable): Depending on your visa category, you may need to show that you meet the financial threshold, especially if you are applying under a family or work route.

Types of ILR Routes

There are several routes to apply for Indefinite Leave to Remain, each with specific requirements and eligibility criteria:

1. ILR through Work Visas (Tier 2, Skilled Worker Visa): If you have been working in the UK on a Tier 2 or Skilled Worker visa, you can apply for ILR after 5 years of continuous residence.
2. ILR through Family Visas (Spouse, Partner, or Parent): If you are a spouse or partner of a British citizen or settled person, you may be eligible to apply for ILR after 5 years. Parents of children who are British citizens or settled in the UK may also be eligible after 5 years of residence.
3. ILR through Long Residence: If you have lived in the UK legally for 10 years, you may be eligible for ILR under the long residence route, even if your stay has been on different visas.
4. ILR for Refugees or Humanitarian Protection: If you have been granted refugee status or humanitarian protection in the UK, you can apply for ILR after 5 years of residence.
5. ILR through Tier 1 Investor or Entrepreneur Visas: Individuals on Tier 1 Investor or Entrepreneur visas can apply for ILR after 2 to 5 years of residence, depending on the level of investment or business.

Application Process for ILR

Once you have confirmed your eligibility, you can begin the ILR application process. Here is a step-by-step guide:

1. Check Your Eligibility
   Ensure you meet the eligibility criteria, including the required number of years of residence, English language requirement, and the Life in the UK test.
2. Prepare Your Documents
   You will need to gather and submit supporting documents, including:
   • Passport or travel document
   • Proof of continuous residence in the UK (e.g., utility bills, tenancy agreements, pay slips)
   • Life in the UK test pass certificate
   • English language qualification (if required)
   • Financial documents (if applicable)
   • Biometric information (fingerprints and photograph)
3. Complete the Online Application
   The ILR application is submitted online through the UK government’s official website. You will need to create an account, complete the online application form, and upload your supporting documents.
4. Pay the Application Fee
   The application fee for ILR is approximately £2,404, but this can vary depending on the route. You will also need to pay the Immigration Health Surcharge as part of your application.
5. Submit Biometrics
   After submitting your online application, you will need to attend an appointment to provide your biometric information at a visa application centre.
6. Wait for a Decision
   The processing time for an ILR application is usually around 6 months, but it can vary depending on the complexity of your case and the volume of applications. You will be informed of the decision once it has been made.

ILR Decision and Next Steps

Once your application is processed, you will receive a decision on your ILR application. If approved, you will receive a biometric residence permit (BRP) confirming your status as a permanent resident in the UK. If your application is refused, you will receive a detailed explanation of the reasons, and you may be able to appeal the decision or submit a new application.

Benefits of ILR

1. Permanent Residency: ILR grants you the right to live and work in the UK indefinitely without needing a visa.
2. Access to Public Funds: Once you have ILR, you will have access to benefits and public funds.
3. Path to British Citizenship: After holding ILR for 12 months, you may be eligible to apply for British citizenship.
4. Healthcare and Education: ILR holders can access free healthcare through the NHS and pay the same tuition fees as British citizens for higher education.

Conclusion

Applying for Indefinite Leave to Remain (ILR) is a crucial step toward securing permanent residency in the UK. The process can be complex, but with the right preparation and understanding of the requirements, Pakistani citizens can successfully navigate the application. By meeting the eligibility criteria, gathering the necessary documents, and following the application process, you can take the first step toward building a permanent life in the UK.

FAQs

1. Can I apply for ILR if I have been living in the UK on a student visa?
   Yes, but you must first switch to a work visa (e.g., Skilled Worker Visa) or another route that leads to ILR eligibility.
2. How long does it take to get ILR?
   The processing time is usually around 6 months, but it can vary.
3. Can I apply for British citizenship after getting ILR?
   Yes, after holding ILR for at least 12 months, you can apply for British citizenship.
4. What happens if my ILR application is refused?
   If your ILR application is refused, you may be able to appeal the decision or reapply with additional supporting documents.