ILR – Over 18, Under 25 and Lived Half Of Life In The UK

Indefinite Leave to Remain (ILR) is a route to permanent settlement in the UK. It allows individuals living in the UK under the private life route to stay without immigration time limits. The Private Life route reflects the right to respect for private and family life under Article 8 of the European Convention on Human Rights (ECHR). 

To apply, you must meet the relevant settlement and continuous residence requirements under Appendix Private Life. These include settlement for certain children born in the UK who have lived here continuously for 7 years, a 5-year qualifying route for certain children and young adults, and a 10-year qualifying route for adults. 

ILR lets you live, work, and study in the UK without time limits. You can apply for benefits if you qualify and later apply for British citizenship. Sunrise Solicitors offer free initial advice, check your eligibility, prepare your documents, submit your application, and provide full legal support throughout the process. 

Our expert team of immigration solicitors are specialists in dealing with ILR application upon completion of 10 years with leave to remain granted on the basis of a person’s private life in the UK. As specialist immigration solicitors, our experienced immigration lawyers have wealth of knowledge and experience to provide high quality legal services for ILR applications. Ask a question to our ILR solicitors for free immigration advice or schedule an appointment for detailed legal advice concerning your ILR application.

Eligible Routes for Private Life ILR 

The Immigration Rules under Appendix Private Life provide several routes to obtain Indefinite Leave to Remain (ILR) in the UK on the basis of private life. Each route has specific requirements relating to age, length of residence, and individual circumstances. 

Children (Under 18 Years) 7-Year Route

A child born in the UK who has lived continuously in the UK for at least 7 years may apply for immediate settlement under PL 13.1 to PL 13.3, provided it would not be reasonable to expect the child to leave the UK.

Born in the UK:

• Children born in the UK who have completed 7 years of continuous residence are eligible to apply for immediate settlement. The Home Office must also be satisfied that it would be unreasonable to expect the child to leave the UK (PL 3.2).

Not Born in the UK:

• Certain children who have, or last had, permission as a dependent child under Appendix FM or leave outside the Immigration Rules before 20 June 2022 may qualify for settlement under the transitional provisions in PL 14.1A, subject to meeting the applicable continuous residence and qualifying period requirements. 

• A child born in the UK to a person on the Private Life route may, in certain circumstances, qualify for settlement as a dependent child when their parent is applying for settlement or has already become settled or British, subject to the requirements of Appendix Private Life. 

Young Adults (18–24) Half-Life Route

Applicants who were granted permission on the Private Life route as young adults after meeting the half-life test under PL 4.1 may qualify for ILR after completing a 5-year continuous qualifying period with relevant permission under PL 14.1. 

• They must have entered the UK as children and maintained continuous residence since then. 

• The 5-year qualifying period applies under PL 14.1 before applying for settlement. 

Adults (Aged 18 or Over) 10-Year Route

Adults aged 18 or over may qualify for Indefinite Leave to Remain (ILR) after completing a 10-year continuous qualifying period with relevant permission, provided they meet the requirements for settlement under Appendix Private Life. 

The qualifying period for settlement must meet the requirements in PL 14.2, with qualifying periods of permission determined under PL 14.3 and, where applicable, PL 14.4. Applicants may become eligible for settlement once they have completed the required 10-year qualifying period with permission that can be counted under PL 14.3 or PL 14.4 and meet the other settlement requirements. 

Children Born In the UK

Children under the age of 18 who were born in the UK may apply for settlement once they have completed seven years of continuous residence. 

Applications must include documentary proof such as the child’s UK birth certificate and evidence of residence over the seven-year period. Under the Immigration Rules, children meeting this requirement may apply for ILR on the basis that it would not be reasonable to expect them to leave the UK.

Very Significant Obstacles to Integration

Where an adult applicant does not meet the 20-year residence requirement, they may still qualify for limited permission to stay under the Private Life route if there would be very significant obstacles to their integration into the country where they would have to live if required to leave the UK. 

Factors that may be considered as part of the overall assessment include: 

• Lack of close family or community ties in the country of return 

• Language barriers or cultural isolation preventing reintegration 

• Serious medical conditions requiring treatment available only in the UK 

• Risk of persecution or discrimination upon return 

Applicants who succeed under this category are usually granted limited permission to stay first, with eligibility for ILR once they have completed the required 10-year qualifying period with relevant permission and meet the other settlement requirements.

20-Year Private Life Route

Individuals aged 18 years or over who have lived continuously in the UK for more than 20 years may apply for permission to stay under the Private Life route. 

The 20 years may include both lawful and unlawful residence. Successful applicants normally receive limited permission to stay first. They may later qualify for Indefinite Leave to Remain once they have completed the required 10-year qualifying period with relevant permission under Appendix Private Life. 

Eligibility Criteria for Private Life ILR 

Applicants must satisfy the following requirements before applying for Indefinite Leave to Remain under the Private Life route.

Continuous Residence

Under Appendix Continuous Residence, applicants must complete the qualifying period without breaking their continuous residence and must remain within the permitted absence limits. Separate continuous residence rules apply to children born in the UK applying for settlement under the Private Life route. 

To meet the requirement, applicants must not have been absent from the UK for more than 180 days in any 12-month period (CR 3.1), subject to the exceptions in Appendix Continuous Residence. 

Continuous residence is considered broken in the following circumstances: 

• Any single absence exceeding 180 days 

• Continuous residence may be broken if an applicant is removed or deported from the UK, or leaves the UK following a refusal in circumstances specified by the Immigration Rules. 

• Periods of imprisonment or detention following a criminal conviction may affect continuous residence. In certain Private Life cases, a period of imprisonment or detention of 12 months or less may not break the applicable 10-year continuous residence period, although the period spent imprisoned or detained does not count towards the qualifying period. 

It is important to distinguish continuous residence from the qualifying period for settlement. The qualifying period refers to the total number of years required on a specific immigration route before becoming eligible for ILR. 

English Language Requirement

Applicants aged 18 to 64 must normally prove English proficiency in speaking and listening at CEFR Level B1 for applications made before 26 March 2027. For applications made on or after 26 March 2027, the required level will increase to B2, as set out in PL 16.1. This can be met by: 

• Passing an approved Secure English Language Test (SELT) at the required level 

• Holding a UK degree at Bachelor’s level or above 

• Being a national of a majority English-speaking country 

• Having already met the English language requirement at the level required for the current application in a previous successful immigration application. 

Exemptions apply to: 

• Applicants under 18 or aged 65 and over 

• Individuals with a disability or physical or mental condition that prevents them from meeting the English language requirement, supported by appropriate evidence. 

Life in the UK Test (KoLL)

Applicants must pass the Life in the UK Test unless exempt under the Immigration Rules (Appendix Private Life, PL 17.1). 

The test consists of 24 questions on British traditions, history, and customs, lasts 45 minutes, and requires a minimum score of 75% to pass. 

Booking details:

• The test must be booked online at least 3 days in advance 

• The fee is £50 

• Over 30 test centres are available across the UK, and applicants may choose their preferred location 

Exemptions apply to: 

• Applicants under the age of 18 or aged 65 and over 

• Those with a disability or physical or mental condition which prevents them from meeting the Knowledge of Life in the UK requirement, supported by appropriate evidence. 

Suitability Requirements for Private life ILR 

Applicants must not fall for refusal under the suitability provisions in Part Suitability of the Immigration Rules, as required by PL 12.1 of Appendix Private Life. An application may be refused or must be refused where an applicant falls within the relevant suitability grounds, depending on the ground and the applicant’s circumstances. 

• Custodial or Suspended Sentence of 12 Months or More: An application must be refused where the applicant has been convicted of a criminal offence in the UK or overseas and received a custodial or suspended sentence of 12 months or more. 

• Custodial or Suspended Sentence of Less Than 12 Months: Such a conviction may lead to refusal under SUI 5.3. For Private Life settlement, an applicant falling within SUI 5.3 must generally have completed a 10-year qualifying period with relevant permission and at least 5 years’ continuous residence with such permission since the end of the sentence. 

• Deportation or Exclusion: An application must be refused where the applicant is subject to a deportation order, a decision to make a deportation order, an exclusion order, or a personal direction by the Secretary of State excluding them from the UK. 

• Exclusion from Asylum or Humanitarian Protection: An application must be refused where the applicant falls within the relevant provisions concerning exclusion from the Refugee Convention, danger to the UK, exclusion from humanitarian protection, or revocation of humanitarian protection on exclusion grounds. 

• Non-Conducive Grounds: An application must be refused where the applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations, or other relevant reasons. 

Documents Required: 

The following documents are generally required when applying for Indefinite Leave to Remain under the Private Life route, together with any additional evidence required according to the applicant’s circumstances: 

• Current passport or other valid travel document 

• Online proof of immigration status, including an eVisa share code where applicable, and a Biometric Residence Permit (BRP) if held. 

• All passports you have held during your time in the UK. 

• Proof of continuous residence for the qualifying period 

• Evidence of meeting English language and Life in the UK test requirements (if applicable) 

Other Documents or Evidence you may need: 

Depending on the circumstances of the application, the following evidence may also be required: 

• Continuous Residence: Tenancy agreements, utility bills, bank statements, payslips, school or college records, or medical records confirming residence throughout the qualifying period 

• Children’s Applications: A full UK birth certificate where required, school attendance records or other evidence of continuous residence, and evidence of a parent’s immigration or British citizenship status where relevant to the application. 

• Certified translations of any supporting documents that are not in English or Welsh. 

Application Fees and Processing Time for Private Life ILR: 

The fee for each ILR application under the Private Life route is £3,226 per applicant. 

Processing Time 

Standard processing time: A decision is normally made within 6 months of submitting the application if the UK Immigration: ID Check app is used, or within 6 months of providing fingerprints and a photograph at a UKVCAS appointment. 

Application Process: 

1. Application Submission: Complete the online application for ILR under the Private Life route via the UKVI portal. 
2. Payment of Fees: Pay the required application fee of £3,226 per applicant. 
3. Document Submission: Upload the required supporting documents online and follow the instructions provided during the application process. 
4. Identity and Biometrics: Prove your identity using the UK Immigration: ID Check app or, where required, attend a UKVCAS service point to provide fingerprints and a photograph. 
5. Decision: A decision is normally made within 6 months, although complex applications may take longer. 

Rights After ILR 

Applicants granted ILR under the Private Life route gain the following rights: 

• No requirement to renew permission to stay in the UK 

• Access to public funds, benefits and pensions, subject to meeting the relevant eligibility requirements. 

• No Immigration Health Surcharge is payable when applying for Indefinite Leave to Remain. 

• Eligibility to apply for British citizenship, subject to meeting the naturalisation requirements. Applicants married to or in a civil partnership with a British citizen do not normally need to wait 12 months after obtaining ILR, while other applicants will usually need to hold ILR for at least 12 months before applying. 

• Full right to work and study in the UK, with the ability to travel in and out of the UK, subject to the rules on maintaining Indefinite Leave to Remain. 

Super Priority Service (Decision Within 24 Hours)

As the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.

Our ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

How Can We Help?

Our expert team of ILR solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR, we will carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

• Assessing your eligibility  by considering all your personal circumstances including any adverse immigration or personal history etc;
• Advising you on the weaknesses and strengths of your ILR application;
• Advising you on the relevant documents to be submitted in support of your ILR application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form to apply for ILR by gathering all the relevant information from you;
• Helping you with paying the ILR application fee for your application;
• Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
• Preparing a detailed cover letter to introduce and support your ILR application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your ILR application.

How Much We Charge?

Unless your matter is extremely complicated, our fees for providing expert legal help and assistance with an application for ILR upon completion of 10 years with leave to remain granted on the basis of living half of the life in the UK continuously are given in the fee table below:

The agreed fixed fee will depend on the complexity of the ILR application and the volume of casework involved in the application. In addition to our fixed fee for helping with an ILR application, the applicant will also have to pay the Home office UKVI fees for the ILR application.

FAQs

What If you stay outside the UK for more than 2 years?

Indefinite Leave to Remain will normally lapse if you remain outside the UK for more than two years at a time. If this happens, you will need to apply for a Returning Resident visa to re-enter and resume your settled status. 

 What if Your Application is Successful?

If your ILR application is approved, you will receive an eVisa, which is an online record of your immigration status. The decision email or letter will provide instructions on how to access it. You will need to create a UKVI account to view and manage your immigration status online. 

 What can you do After Getting the ILR?

After ILR is granted, you will have full permission to: 

• Work in the UK without restrictions 

• Run a business 

• Study at any educational institution 

• Use public services such as the NHS and state schools 

• Apply for public funds (benefits) and pensions if eligible 

• Apply for British citizenship, usually after holding ILR for at least 12 months unless married to a British citizen, subject to meeting the other requirements for naturalisation. 

When should you apply for ILR?

You can apply for ILR 28 days before completing the required residence period under the Private Life route. Applying earlier than this may result in a refusal. You must also ensure your current visa does not expire before you apply. If it expires too early, you will need to extend it before applying for ILR. 

What happens if I cannot pay the ILR fee?

A fee waiver is not normally available for an application for ILR under the Private Life route. If you cannot afford the settlement fee, you may need to consider applying for further permission to stay under the Private Life route, for which a fee waiver may be available if you meet the relevant eligibility criteria. 

Will criminal records affect my application?

Yes. Under Part Suitability and the suitability requirements in Appendix Private Life, an ILR application may be refused because of criminal convictions, deception, breaches of immigration laws or other relevant suitability issues. Whether refusal is mandatory or discretionary depends on the circumstances. 

Is (Immigration Health Surcharge) IHS payment required for ILR?

No. ILR applicants do not have to pay the Immigration Health Surcharge because settlement applications are exempt from this requirement. 

What if I have long absences from the UK?

If you spend more than 180 days outside the UK in any 12-month period, your continuous residence may be broken unless an applicable exception applies, such as compelling and compassionate personal circumstances. Separate continuous residence rules apply to children born in the UK applying for settlement after 7 years. 

Can I switch from a family visa to private life ILR?

Yes. Time spent as a partner, parent or child under Appendix FM may count towards Private Life ILR, subject to the requirements of Appendix Private Life. 

Can a child apply for ILR directly?

Yes. A child born in the UK who has lived here for seven continuous years may apply for ILR directly if it is unreasonable to expect the child to leave the UK.