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Understanding ILR

The process of applying for indefinite leave to remain from inside the UK will vary depending on individual circumstances. Applying for ILR is usually dependent on how many years you have lived in the UK, although rules can differ for those who have a spouse who is a British Citizen or who already has ILR.

Applying from within the UK requires the completion of a settlement application form, and you need to get the right form for your circumstances or current immigration status. Our team of immigration solicitors can help by advising you which form you need. Before spending the time and money on the application process, however, it is important to establish whether you have a good case, which is where we come in.

The usual requirements for being granted ILR are that you have had a settled status in the UK – that you have been here on the same visa class for a minimum of four years. Student visas don’t count as part of this, however, and marriage visas only require two years residency, so you will still need to check your individual circumstances before applying.

Most applicants will also need to demonstrate their knowledge of language and life in the UK, although again there are some exemptions, of which we can advise you further. If you are not exempt, you will need to demonstrate this knowledge by either passing the ‘Life in the UK’ test or by taking and passing a course in English language and citizenship.