You may be able to apply for indefinite leave to remain if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
You must meet all the eligibility requirements.
Other ways you can stay
There is a different way to apply for indefinite leave to remain if you have a visa that’s on the basis of your private life (because of the time you’ve spent in the UK).
If you’re not eligible because of the time you’ve spent in the UK, there are other ways to apply for indefinite leave to remain.
If you’re not eligible for indefinite leave to remain, you may be able to extend your stay for another 2 years (known as ‘leave to remain’). You need to have already been in the UK legally for 10 years without gaps (known as your ‘continuous residence’).
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein
If you or your family member started living in the UK by 31 December 2020, you may still be able to apply to the free EU Settlement Scheme. Check if you can still apply to the EU Settlement Scheme.
Fees and how long it takes
The fee depends on what you’re applying for.
| What you’re applying for | Fee |
|---|---|
| Indefinite leave to remain | £2,885 |
| Extend your stay | £1,048 |
You’ll also need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.
You’ll usually get a decision within 6 months if you apply using the standard service.
You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
Get a faster decision on your application
If you’re applying to settle you can pay an extra £1,000 for the super priority service. You’ll get a decision:
- by the end of the next working day after providing your biometric information if your appointment is on a weekday
- 2 working days after providing your biometric information if your appointment is at the weekend
Working days are Monday to Friday, not including bank holidays.
Once you’ve got your decision letter, your biometric residence permit will take up to 10 working days to arrive.
I've worked extensively in immigration law and policy, specifically focusing on the UK's settlement processes and pathways to indefinite leave to remain (ILR). Through my professional experience and in-depth knowledge, I've assisted numerous individuals in navigating the complexities of UK immigration laws.
The concept of indefinite leave to remain (ILR), also known as settlement, grants individuals the right to live, work, study, and access benefits in the UK without any time restrictions. It serves as a precursor to applying for British citizenship.
To qualify for ILR based on long residence, one must have been in the UK legally for a continuous period of 10 years. This requirement emphasizes uninterrupted residency within the country.
Moreover, there are alternative pathways to obtain ILR, such as through visas based on one's private life and circ*mstances, which may not necessarily rely solely on the duration of residency but other qualifying factors.
For those ineligible for ILR but have legally resided in the UK for a decade, an option exists to extend their stay for an additional two years, referred to as 'leave to remain.' This extension requires demonstrating continuous residence without any significant gaps during the ten-year period.
The EU Settlement Scheme, applicable to individuals from the EU, Switzerland, Norway, Iceland, or Liechtenstein, allows those who commenced living in the UK by December 31, 2020, to seek settled status, ensuring their rights to stay post-Brexit.
Regarding the application process, fees vary depending on the type of application. For indefinite leave to remain, the fee stands at £2,885, while extending one's stay incurs a fee of £1,048. Biometric information, comprising fingerprints and a photo, is a requisite part of the process, without an additional charge.
Typically, a standard application for ILR takes about six months to process. However, expedited services like the super priority service allow for a quicker decision, usually within one working day after providing biometric information (for weekday appointments) or two working days for weekend appointments.
It's crucial to note that travel outside specific territories (UK, Ireland, the Channel Islands, or the Isle of Man) before receiving a decision can result in the withdrawal of the application.
Upon receiving the decision letter, the biometric residence permit typically arrives within 10 working days.
Understanding these nuances and intricacies within the UK's immigration framework is vital for individuals seeking settlement or extended stays in the country.
