Indefinite Leave to Remain (ILR)

Indefinite leave to remain (ILR), also known as settlement, allows a person to live in the UK without time limits on their stay. Those granted ILR may live, work, and study in the UK freely and, in many cases, use ILR as a pathway towards British citizenship. For more detail on British citizenship applications, see our article: British Citizenship Applications: who can apply and how?

ILR applications are legally and evidentially demanding. Even applicants who have lived in the UK lawfully for many years can face refusal if the Immigration Rules are not met precisely.

ILR may be available through a number of different immigration routes, including:

• Family and human rights routes, such as partner, parent, or domestic violence routes
• Work-related routes, including sponsored employment categories
• Long residence route, currently based on 10 years’ lawful residence in the UK
• Protection routes, including asylum or humanitarian protection

The specific requirements vary significantly depending on the route relied upon.

General Eligibility Requirements

While requirements differ by route, most ILR applications involve consideration of:

• Completion of a qualifying period of lawful residence, commonly five years on certain routes, or ten years on others
• Compliance with absence limits during the qualifying period (often no more than 180 days in any 12-month period, subject to exceptions)
• A satisfactory immigration and criminal history
• Meeting the English language requirement
• Passing the Life in the UK test

Small errors, gaps in evidence, or misunderstandings of these requirements frequently lead to refusal.

Changes to the Immigration Rules

UK immigration law changes frequently and is subject to political and policy developments. Successive UK governments have tightened aspects of the settlement framework including, most recently, potential changes to qualifying residence periods.

The precise scope and implementation of these changes depend on amendments to the Immigration Rules and transitional provisions. Applicants should seek up-to-date legal advice before submitting an ILR application.

How We Can Help

Demstone Chambers is a set of specialist barristers practising in immigration, family, and human rights law. We regularly advise on complex ILR applications, including cases involving:

• Excess absences
• Gaps or changes in immigration status
• Criminal or suitability issues
• Overlapping family or human rights considerations

Our barristers have been involved in significant litigation clarifying the interpretation of ILR-related Immigration Rules, and we are well-placed to advise on both straightforward and legally complex cases.

Our dual expertise in family law makes us particularly well-placed to handle cases where family and immigration matters overlap.

Our services include:

Strategic Advice

• Assessing eligibility for ILR under the relevant route
• Advising on risks and potential grounds of refusal
• Guidance on managing absences and continuity of residence

Application Support

• Advising on required documentation and evidence
• Assisting with preparation and review of ILR applications
• Responding to Home Office queries or requests for further information

Refusals & Challenges

• Advice on Administrative Review or Judicial Review, where appropriate
• Strategic advice on next steps following refusal

Why Instruct Demstone Chambers

• Specialist barristers with focused expertise in ILR and settlement law
• Direct access – no solicitor needed
• Experience with complex and high-risk immigration cases
• Flexible appointments, including evenings and weekends
• Virtual meetings where needed
• Clear and realistic advice on likely outcomes
• Cost-effective and tailored support

We work on direct access. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We act for clients across London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and throughout the UK.

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