If you are an immigrant living in the UK on a visa, the path to Indefinite Leave to Remain (ILR) is about to get tougher from April 2024 onwards. The UK government has announced significant changes to the Immigration Rules that will impact how long you need to live in the country before qualifying for ILR or permanent residency. These new ILR rules aim to reduce long-term immigration to the UK as part of the government’s broader plan to cut net migration. The changes come into effect on April 4, 2024, and will make it harder for many visa holders to settle permanently in the UK.
Here are all the key updates to the Indefinite Leave to Remain requirements so you can plan ahead and increase your chances of a successful ILR application.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain is an immigration status granted to foreign nationals that allows them to live, work and study in the UK without any time restrictions. It is also a prerequisite for applying for British citizenship.
To qualify for ILR under the current rules, most visa holders need to demonstrate continuous residence in the UK for a certain period, usually 5 years on eligible visa routes like Skilled Worker or Spouse visas.
There are also requirements around meeting a minimum income threshold, passing an English language test, and proving good character.
Key Changes to UK ILR Rules from April 2024
Here are the major updates to the Indefinite Leave to Remain requirements coming into effect on April 4, 2024:
1. Longer UK Residency Requirements
Currently, most visa holders can apply for ILR after 5 years of continuous residence in the UK. The new rules will extend this residency period as follows:
- 10 years for all temporary work visa routes like Skilled Worker, Intra-Company Transfers, etc.
- 10 years for family visa routes like Spouse/Partner visas
- 10 years for the Youth Mobility Scheme
Some exceptions may apply, like for victims of domestic violence who can still qualify after 5 years.
2. No ILR for Some Visa Categories
Certain visa types will no longer provide a pathway to ILR or settlement from April 2024, including:
- Graduate visas
- Most temporary work visas like Charity Workers, Religious Workers, etc.
- The Hong Kong British National (Overseas) visa
Visa holders in these categories can stay temporarily but cannot apply for ILR after any period of residency.
3. Higher Income Requirements
The income threshold for ILR applications is increasing significantly across most visa routes:
- For Skilled Workers, the minimum salary goes up from £25,600 to £37,000
- For Spouse/Partner visas, the minimum income rises from £18,600 to £27,000
This aims to ensure only higher-paid skilled workers and families with sufficient means can settle long-term.
4. English Language Requirements
From 2024, all ILR applicants aged 18-70 must pass a Secure English Language Test at the B1 level or higher, removing some previous exemptions
This is in addition to passing the Life in the UK test.
5. Continuous Residence Definition
The definition of “continuous residence” is being tightened to limit the number of days an ILR applicant can spend outside the UK during the qualifying period:
- A maximum of 180 days outside the UK in any 12-month period
- Overall limit of 540 days outside the UK during the entire residency period
Any excess absences could reset the continuous residence clock.
These stricter ILR rules will make it significantly harder for many visa holders to achieve permanent UK residence and British citizenship. Careful planning and adherence to the new guidelines will be crucial.
How to Prepare for the New ILR Rules
If you are currently in the UK on an eligible visa like Skilled Worker or Spouse/Partner and hope to eventually settle permanently, here are some tips:
- Start Planning Early: With the longer 10-year residency requirement, you need to start preparing for your ILR application much sooner. Seek professional immigration advice to understand your specific situation.
- Maintain Continuous Residence: Closely track any days spent outside the UK to ensure you don’t exceed the new limits of 180 days per year and 540 days total during the qualifying period.
- Meet the Income Threshold: If your current salary is below the new £37,000 (Skilled Worker) or £27,000 (Partner) threshold, explore avenues to increase your earnings through promotions, job changes or additional income streams.
- Improve English Skills: Start preparing for the Secure English Language Test at B1 level if you don’t already meet the requirement. Consider taking classes or using online resources.
- Build Your Case: Maintain thorough documentation of your residence, income, employment, English tests and any other evidence that will support your future ILR application.
The UK’s new Indefinite Leave to Remain rules are part of a broader strategy to attract only the highest-skilled, highest-paid immigrants for long-term settlement.
While making it tougher, the path to ILR is still achievable with proper planning and professional guidance. Start preparing today to improve your chances of success when you are ready to apply.
Also Read:
2024 UK Immigration Reform: Navigating the New Landscape for Indefinite Leave to Remain Applicants
Good News for Health and Social Care Workers: New Visa Route Allows Dependents in 2024
UK Triples Penalties for Illegal Working as Part of Immigration Crackdown 2024
February 2024 Visa Bulletin Predictions: Big Changes Expected by USCIS This New Year
