A Filipino nurse who has lived and worked in the United Kingdom for 5 years can apply for Indefinite Leave to Remain (ILR) status. Once you are granted ILR, it means that you are “settled” in the UK. ILR holders will be able to remain in the UK with no restrictions, and once approved, you can use it one year later to apply for full citizenship.
Advantages of indefinite leave to remain
Holders of Indefinite Leave to Remain may apply for British citizenship after a minimum of 12 months if qualified to do so. ILR holders also have access to public funds like jobseekers allowance, child benefit, and universal credit. They also have the right to vote and stand as candidates in elections. If ILR holders want to study in UK university, they won’t be charged as international students. They’ll pay the same rate as British citizens and this advantage can be beneficial for career progression. ILR holders are also allowed to run a business in the UK.
Eligibility for ILR application
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- A person must be lawfully living in the UK continuously for 5 years and must not have spent more than 180 days outside of the UK in a 12-month period during their UK residency.
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- An applicant must meet salary requirements. The ‘going rate’ in England for a health worker in Band 5 or equivalent is £25,655 per annum based on a 37.5-hour working week (as per NHS Agenda for Change for 2021/22) .
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- Confirmation from your sponsor stating your job details and that you’re still needed in your job
When to apply for ILR
The earliest time you can apply for ILR is 28 days before you’ve been in the UK for 5 years.
How much does it cost
As of September 2023, standard ILR processing costs £2404 (from October 4, 2023, indefinite leave to remain fee will be £2885). A decision will be made within 6 months. During this time, you must not travel outside of the UK otherwise your application will be withdrawn. If you have travel arrangements outside of the UK within the next 6 months, you can opt to pay extra £500 to get a faster decision on your application. By using this priority service, a decision will be made within 5 working days. For super priority service, you can opt to pay extra £800 for a next working day decision if you’re applying on a weekday.
How to process Indefinite Leave to Remain application
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- Pass ‘Life in the UK’ test. This requirement is a computer-based test to prove that applicants has sufficient knowledge about life in the United Kingdom. This is a 24 item multiple choice test which lasts for 45 minutes. Passing rate is 75%, or at least 18 correct answers out of 24. As of January 2023, the test costs £50. Link to book Life in the UK test: https://www.gov.uk/life-in-the-uk-test
- You can apply online at https://visas-immigration.service.gov.uk/next
You’ll be told to upload scanned documents such as:
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- Passports – scan all pages of new and old passports that cover your stay in UK.
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- Biometric Residence Permit/ Visas
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- Most recent payslip and bank statement
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- Recent employment certificate from HR, preferably one within the last three months.
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- Certificate of Sponsorship from the Trust
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- Absence Calendar which can be requested from HR like a letter giving reasons for work absence and including periods of paid annual leave from the UK
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- Flight confirmations for all your travels outside United Kingdom
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- IELTS Report form that we used to apply for our first visa in UK. You do not need to book another IELTS exam because you already did that when applying for Tier 2 visa.
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- Evidence that you passed Life in the UK test
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- Proof of continuous residence like tenancy agreement, utility bills, and mortgage statements
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- Home Office Consent for third party verification
3. You’ll be asked to book an appointment at a UKVCAS service point to provide your biometric information like your fingerprints and a photo. They will also check your documents so it might be worth your while if you can bring all the original documents with you.
4. Wait for home office decision.
It is important to note that the actual residence permit card will have 10 years expiry. If you stay outside the UK for more than 2 years at a time, you can lose your Indefinite Leave to Remain.
