After five years of living and working in the UK on an Ancestry visa, you have the incredible opportunity to make the UK your permanent home. Applying for Indefinite Leave to Remain (ILR), also known as ‘settlement’, is the final and most important step in your immigration journey. ILR grants you the freedom to live, work, and study in the UK for as long as you like, without any visa restrictions, and is your direct pathway to applying for British citizenship.
The settlement application is the culmination of your five years in the UK and requires you to meet a specific set of requirements related to your residence, knowledge of the UK, and your ongoing commitment to working here. Our team of specialist immigration advisors provides an expert, end-to-end service for ILR applications. We manage the entire complex process for you and your family, ensuring your application is meticulously prepared for a successful outcome.
Are You Eligible for Indefinite Leave to Remain? The Core Requirements
To successfully apply for settlement on the Ancestry route, you must meet several key criteria.
1. The 5-Year Continuous Residence Requirement
You must have spent 5 continuous years in the UK on your Ancestry visa.
- The Absence Rule: Crucially, during this 5-year period, you must not have spent more than 180 days outside the UK in any 12-month period. Any travel, for holidays or work, counts towards this limit. Calculating these absences correctly is a vital part of the application.
2. Knowledge of Language and Life in the UK
If you are aged between 18 and 64, you must satisfy two requirements:
- Pass the Life in the UK Test: You must book and pass this official government test, which assesses your knowledge of British history, culture, and traditions.
- Meet the English Language Requirement: You must prove you can speak and understand English to at least CEFR level B1. This can be done by having a degree taught in English or by passing an approved English language test.
3. Ongoing Eligibility for the Ancestry Route
You must continue to prove that you:
- Are still a Commonwealth citizen.
- Are able and planning to continue to work in the UK.
- Can support yourself and your dependants without relying on public funds.
The Application Process: Timing, Costs, and Procedures
- When to Apply: The earliest you can submit your ILR application is 28 days before you reach the 5-year anniversary of your arrival in the UK on your Ancestry visa. Applying any earlier can lead to a refusal. You must apply before your current visa expires.
- Application Fee: The standard fee for an ILR application is £3,029 for each person applying.
- Standard Decision Time: You can usually expect a decision within 6 months.
- Faster Decisions: You can pay an extra £1,000 for the ‘super priority service’ to receive a decision by the end of the next working day after your biometric appointment.
Crucial Warning: Once you have submitted your ILR application, you must not travel outside of the UK, Ireland, the Channel Islands, or the Isle of Man until you receive a decision. Doing so will automatically withdraw your application.
Applying with Your Family: Securing Settlement for Your Dependants
Your partner and children who are in the UK as your dependants can be included on your ILR application.
- Who is Eligible: Your partner and any children who were previously granted dependant visas. Children who are now over 18 can be included, provided they were under 18 when they first came to the UK as your dependant and are not yet living an independent life.
- Requirements for Family Members: Any dependant aged between 18 and 64 must also pass the Life in the UK test and meet the English language requirement.
The Freedoms of Indefinite Leave to Remain
Gaining ILR is a transformative step. It grants you the freedom to:
- Work for any employer, or be self-employed, without restrictions.
- Study without limitation.
- Access public services like the NHS without paying the Immigration Health Surcharge.
- Apply for public funds (benefits) and the State Pension, if you are eligible.
- Apply for British Citizenship: After holding ILR for at least 12 months, you will usually be eligible to apply to naturalise as a British citizen.
Important Note: While ILR is permanent, it can be lost if you spend more than 2 years continuously outside the UK.
Why Expert Legal Guidance for Your ILR Application is Essential
Your ILR application is your final hurdle. A refusal at this stage can be devastating, costly, and can jeopardise the life you have built in the UK over five years. Our specialist ILR service is designed to eliminate this risk.
- We conduct a meticulous absence calculation, ensuring your travel history is fully compliant with the 180-day rule.
- We guide you and your family through booking and preparing for the Life in the UK test and the English language requirement.
- We manage the entire, complex online application for you and your family, ensuring every detail is perfect.
- We provide a seamless and stress-free path to settlement, allowing you to achieve your goal of making the UK your permanent home.
You have worked for five years to reach this point. Secure your future. Contact our expert Indefinite Leave to Remain team today for a comprehensive consultation.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.