What is ILR?

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction. When indefinite leave is granted to persons outside the United Kingdom it is known asindefinite leave to enter (ILE).

A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode).

Settled status is central to British nationality law, as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where a child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen.

Holders of ILR may apply for British citizenship if they have held ILR for twelve months or longer, are over 18 and have been living in the United Kingdom for the last five years.

There are seven requirements for naturalisation. The applicant:-

• must be aged 18 or over.
• must be of sound mind.
• must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
• must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
• must have sufficient knowledge of life in the UK.
• must be of good character.
• must meet the residential requirements.

There are several residential requirements. The applicant must:-

• have been resident in the UK for at least five years (this is known as the residential qualifying period); and
• have been present in the UK five years before the date of your application; and
• not have spent more than 450 days outside the UK during the five-year period; and
• not have spent more than 90 days outside the UK in the last 12 months of the five-year period; and
• not have been in breach of the Immigration Rules at any stage during the five-year period.

See "Standard Requirements", April 2010.

Alternatively, there is a simpler procedure for holders of ILR applying for British citizenship if they are married to a British citizen. The residential requirements for those falling into this category need only hold ILR on the day the apply for British citizenship, but must also:-

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
• have been present in the United Kingdom three years before the date of your application; and
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
• have not been in breach of the immigration rules at any stage during the three-year period.

See "Spouse or Civil Partner of citizen", April 2010.

Other people aged over 18, who hold another form of British nationality and employees (and their husband, wife or civil partner) of the crown, civil service or designated service outside the United Kingdom may instead apply forregistration, which is a simpler process than naturalisation.