Indefinite Leave to Remain(ILR)

Indefinite Leave to Remain (ILR) is the term for British settlement or permanent residency. ILR status allows you to live and work in the UK without restrictions on the length of stay. It is the equivalent of the United States permanent residency/ green card. ILR residents may apply for UK citizenship after a period of continuous residence.

You may obtain ILR status through a family connection to the UK or through employment. Explained below are the various types of employment that offer a path to UK settlement.


Tier 1, High Value Migrants

Of the Tier 1 (High Value Migrants) employment categories, only the General, Entrepreneur, and Investor categories offer a path to UK settlement. Use application form SET(O) to apply for ILR status through one of these categories.

All categories are required to have sufficient English language ability and knowledge of life in the UK.

UK Settlement
Tier 1 (High Value Migrant)
Category
Eligibility Requirements
 Required period of continuous residence
General
  • You must be currently in the UK under Tier 1 (General);
  • Your period of continuous residence must have been spent in any combination of the following immigration categories: Tier 1 (General); High Skilled Migrant Programme; work permit holder; innovator; self-employed lawyer; writer, composer or artist; Tier 2 (General); Tier 2 (Minister of religion); Tier 2 (Sportsperson); Tier 2 (Intra-company transferee); and
  • You must pass a points-based assessment.
 5 years*
Entrepreneur
  • You must spend the period of continuous residence in the UK as a business person or an innovator.
  • Your business has created at least 10 full time jobs for settled persons; and
  • You established a new business that created income of at least £5 million during a 3-year period while you were in the UK; or
  • You have taken over or invested in an existing UK business which resulted in a net increase of £5 million in that business’s income during a 3-year period while you were in the UK, compared to the immediately preceding 3-year period.
 3 years*
Investor
  • You have been in the Tier 1 (Investor) category throughout your stay in the UK; and
  • Your period of continuous residence meets the requirements per length of stay:
    • 2 years: You have money of your own under your control in the UK amounting to at least £10 million; or your personal assets value at least at £20 million, and you have at least £10 million under your control in the UK which has been loaned to you by a UK regulated financial institution.
    • 3 years: You have money of your own under your control in the UK amounting to at least £5 million; or you own personal assets with a value (once any liabilities are taken into account) of at least £10 million, and you have at least £5 million under your control and disposable in the UK which has been loaned to you by a UK regulated financial institution.
    • 5 years: You have money of your own under your control in the UK amounting to at least £1 million; or you own personal assets with a value (once any liabilities are taken into account) of at least £2 million, and you have at least £1 million under your control and disposable in the UK which has been loaned to you by a UK regulated financial institution.
 2, 3, or 5 years*

*During the continuous residence period, you cannot be outside the UK for more than 180 days in each year.

Sources: Tier 1 (General); Tier 1 (Entrepreneur) ; Tier 1 (Investor)

Tier2, Skilled Workers

Of the Tier 2 (Skilled Workers) employment categories, only the General, Minister of Religion, Sportsperson, and Intra-Company Transferee categories offer a path to UK settlement. Use application form SET(O) to apply for ILR status through one of these categories.

All categories are required to have sufficient English language ability and knowledge of life in the UK.

UK Settlement
Tier 2 (Skilled Workers)
Category
Eligibility Requirements
 Required period of continuous residence
General
  • Your employer sponsor must certify that you are still needed in the current position you hold and that you are paid at or above the appropriate rate for the job.
 5 years*
Minister of Religion
  • Your employer sponsor must certify that you are still needed in the current position you hold.
 5 years*
Sportsperson
  • Your employer sponsor must certify that you are still needed in the current position you hold.
 5 years*
Intra-Company Transferee
  • Your employer sponsor must certify that you are still needed in the current position you hold and that you are paid at or above the appropriate rate for the job.
 5 years**

*During the continuous residence period, you cannot be outside the UK for more than 180 days in each year. Your period of continuous residence can have been spent in any combination of the following immigration categories before you applied for Tier 2: member of the operational ground staff of an overseas airline; minister of religion, missionary or member of a religious order; qualifying work permit holder; sole representative of an overseas business; representative of an overseas newspaper, news agency or broadcasting organisation; any Tier 1 category, except Tier 1 (post study work); highly skilled migrant; or innovator.

** During the continuous residence period, you cannot be outside the UK for more than 180 days in each year. The 5-year period of continuous residence may include time spent in the following immigration categories before you applied for Tier 2: qualifying work permit holder or representative of an overseas business. The 5-year period must include time spend as: a Tier 2 (Intra-Company Transferee) migrant or a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

Sources: Tier 2 (General); Tier 2 (Minister of Religion); Tier 2 (Sportsperson); Tier 2(Intra-Company Transferee)

Domestic Worker

Domestic Workers currently in the UK working in a private household are eligible to settle in the UK (obtain ILR status). You may apply for settlement using application form SET(O). To settle in the UK you must meet the following requirements:

  • Have 5 years of legal continuous residence in the UK*;
  • Have worked in the UK as a full-time domestic worker during that 5 year period and currently have permission to stay in the UK as a domestic worker;
  • Have been financially responsible for yourself and any dependents for the past five years and did not require the aid of public funds; and
  • Have sufficient English language ability and knowledge of life in the UK.

* During the continuous residence period, you cannot be outside the UK for more than 180 days in each year.

Source: Domestic Worker

Representative of an Overseas Business

The representative of an overseas business; the sole representative of an overseas business; and/or the representative of an overseas newspaper, news agency or broadcasting organisation is eligible to apply for UK settlement. The application for settlement for a representative of an overseas newspaper, news agency or broadcasting group is application form SET(O). The application for settlement for a representative of an overseas business or sole representative of an overseas business is application form SET(BUS).

To be eligible for settlement, you must meet the following requirements:

  • Have been in the UK for a period of continuous residence lasting at least 5 years*;
  • Currently have permission to stay in the UK as a representative of an overseas business or under one of the categories listed above;
  • Have been financially responsible for yourself and any dependents for the past five years and did not require the aid of public funds;
  • Have your employer sponsor certify that you are still needed in the current position you hold and that you are paid at or above the appropriate rate for the job; and
  • Have sufficient English language ability and knowledge of life in the UK.

* During the continuous residence period, you cannot be outside the UK for more than 180 days in each year.

Source: Representative of an Overseas Business