What is Indefinite Leave to Remain (ILR)? Indefinite Leave to Remain (ILR) is an immigration status that permits the holder to reside and work in the UK without time restrictions or the need to renew a visa. With ILR, you can exit and re-enter the UK without immigration barriers. Unlike British citizenship, which is permanent, ILR may lapse under certain conditions, such as being absent from the UK for over two years (see “Can my ILR be revoked?” below). Unlike Permanent Residence, ILR applies to non-EEA nationals. If you hold ILR and consider the UK your home, you are deemed settled in the UK.
What are the conditions for living and working in the UK with ILR?
With ILR, you face no restrictions on living or working in the UK. However, if you plan to relocate or work in the Isle of Man or the Channel Islands, you should contact the relevant island’s immigration authorities beforehand.
Can I study in the UK with ILR?
Yes, ILR allows you to study in the UK. You may also qualify for home tuition fee rates (equivalent to those for British, EU, EEA, and Swiss citizens) at higher education institutions and apply for student finance, provided you have been ordinarily resident in the UK for at least three years before the start of your course’s academic year. ‘Ordinarily resident’ means you habitually and normally live in the UK, with any absences being temporary or occasional.
Can I vote in the UK with ILR?
If you hold ILR and are a qualifying Commonwealth citizen, you can vote in UK national and local elections and referendums. Details on who qualifies as a Commonwealth citizen are available on the Electoral Commission’s website.
Can I access healthcare with ILR?
Yes, if you have ILR and are ordinarily resident in the UK (habitually and normally living here with only temporary or occasional absences), you can generally access healthcare. For further details, refer to the government’s healthcare guidance.
What happens if I leave the UK after receiving ILR?
If you leave the UK after being granted ILR, you can usually return as a settled resident, provided:
- You did not use public funds to cover the cost of leaving the UK.
- You held ILR when you last departed.
- You have not been absent for more than two years.
- You are returning with the intent to settle.
To be considered settled, you must demonstrate that you are habitually and normally resident in the UK, with any absences being temporary or occasional. If you’ve been absent for over two years but can prove you held ILR when you left and are returning to settle, you may still qualify as a returning resident if you’ve maintained strong ties to the UK.
However, if you live overseas and only visit the UK briefly, you will not be readmitted as a returning resident. No visa is required to return to the UK for settlement after an absence of two years or less. For absences exceeding two years, you should apply for entry clearance at the nearest British Diplomatic Post in your country of residence to facilitate re-admission.
What if my child is born in the UK after I receive ILR?
A child born in the UK on or after 1 January 1983, who is not a British citizen, may be eligible to register as one once you have ILR. Any child born to you in the UK while you are settled may automatically be a British citizen at birth.
Can my family members join me in the UK after I receive ILR?
Non-British citizen family members may be eligible to join you in the UK, depending on their relationship to you (e.g., partner, spouse, fiancé(e), child, parent, or adult relative requiring care). Specific rules for family visa applications are available online.
Can my ILR be revoked?
Yes, ILR can be lost in certain situations. Your ILR will be invalidated if:
- You are deported from the UK following a serious crime.
- You are subject to deportation but cannot be removed due to legal protections, such as the UK’s obligations under the Refugee Convention or the European Convention on Human Rights (ECHR).
- You obtained ILR through deception.
- You were granted ILR as a refugee but no longer qualify as one.
Additionally, under paragraph 20 of the Immigration Rules, your ILR will lapse if you remain outside the UK for a continuous period exceeding two years, as you will no longer be considered present and settled in the UK. To return after such an absence, you must apply for a Returning Resident visa (see above).
