What Is Indefinite Leave to Remain (ILR) and What Does It Mean?

What does ILR mean?

Very simply, ILR means indefinite leave to remain in the UK. If you hold indefinite leave to remain it gives you the right to live in the UK permanently. 

You may have heard indefinite leave to remain referred to as permanent residence in the UK. Both terms are used interchangeably, however they mean the same. If you hold ILR you can stay in the UK permanently, meaning you have permanent residence. 

What is the difference between ILR and citizenship in the UK?

If you are granted British citizenship, it allows you to apply for a British passport, which can expand your travel freedoms, meaning it can be easier to visit certain countries as well as make it simpler to return back to the UK. On the other hand, if you have indefinite leave to remain, you are still considered a visa holder which could require you to undergo further checks and take more precautions when travelling

If you hold indefinite leave to remain and have extended absences from the UK, your indefinite leave to remain can lapse. However, if you hold British citizenship and have long absences from the UK you will not be at risk of losing your citizenship. British citizenship also reduces the risk associated with any policy changes to the immigration rules by the Home Office. 

There are other differences to consider if you are deciding between staying on ILR and applying for  British citizenship. You can read more in our previous article about this topic.

What is the difference between settled status and ILR?

While both settled status and ILR grant you permanent residence in the UK there are a few key differences. One difference relates to what immigration route you apply under. If you are eligible to make an application under the EU Settlement Scheme, you will be granted settled status. If you apply and are granted under any other route to permanent residence, you will be granted indefinite leave to remain. 

Another key difference is how time spend outside the UK affects your immigration status. A grant of settled status under the EU Settlement Scheme will lapse after five years of continuous absences outside the UK. A grant of indefinite leave to remain under any other immigration route, however, will lapse after a much shorter time-period of two years of continuous absences outside the UK.

We often work with clients under all types of immigration routes where these differences are important to take into consideration. An example of this is a Portuguese citizen we assisted in getting a grant of settled status under the EU Settlement Scheme. He was concerned about what upcoming changes in his life and work might mean for his immigration status in the UK, as he would need to spend significant time outside of the UK. However, we were able to confirm with him that because his settled status (indefinite leave to remain) will only lapse after five years of continuous absences from the UK, he had no reason to be concerned. 

This is in contrast to a New Zealand citizen who we assisted in getting indefinite leave to remain based on their 10-years of long residence in the UK. As this immigration route is different to the EU Settlement Scheme, they have to comply with different rules and in this case they have to ensure that they do not have more than two years of continuous absences from the UK, or their indefinite leave to remain will lapse. 

Do I need a visa after getting ILR?

No, once you have indefinite leave to remain you should not need to make any further visa application to the Home Office. However, if your leave does lapse, you will need to make further applications to return to the UK.

Once you have ILR and if you meet the requirements, you can apply to naturalise as a British citizen, meaning you can become British and get a British passport. 

What are the new rules for settlement in the UK?

If you are looking into ILR in the UK, you may have heard about the proposed changes to the rules for settlement in the UK. It is important to note that these are not yet law, and we do not know all the concrete details, such as what transitional arrangements may be put in place for people who have been on a path to settlement before these rules were proposed. 

It is worth noting, however that when these changes are implemented into the immigration rules, you could be affected by new more restrictive requirements in order to be eligible for indefinite leave to remain. 

One change that could be important for your future visa considerations is the proposed introduction of a baseline qualifying period of 10 years instead of the current five years for most routes. That means you may have to apply for and receive visas covering an additional five years before qualifying for ILR. 

If you are looking to apply for ILR, and you are eligible now or in the near future, it may be worth making the application before changes take effect.

It is important to understand the rules, compliance and how the difference between each immigration route may impact you and your future in the UK. At Seraphus, we are able to give expert advice on all routes to indefinite leave to remain, including long residence and spouse routes, as well as settled status applications under the EU Settlement Scheme.