Are you looking for information on the new ILR rules? If you’re currently in the UK on a temporary visa and wish to settle permanently, understanding the Indefinite Leave to Remain (ILR) process is crucial. With the new ILR rules introduced by the UK Home Office, the pathway to permanent residence in the UK has changed. At Primus Solicitors Manchester, we specialize in guiding clients through the ILR application process under the new rules to ensure compliance and a successful outcome.
If you need help with your ILR application or have questions about the new ILR rules, contact Primus Solicitors Manchester today:
📍 First Floor, 402 Palatine Road, Northenden, Manchester M22 4FZ
📞 0161 222 5860
📧 info@ansarhabib.com
🕘 Monday–Friday: 09:30 AM – 05:30 PM
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. Once granted, ILR allows individuals to stay in the UK without any time restrictions, work freely, access public services, and eventually apply for British citizenship if they meet the necessary requirements. However, under the new ILR rules, certain changes have been made to the eligibility criteria and requirements.
Key Changes in the New ILR Rules
The new ILR rules bring several updates to the immigration system, which are aimed at streamlining the process and ensuring that only applicants who meet the necessary standards are granted permanent residency. Below are the key changes that you need to be aware of:
1. Increased Salary Threshold for Skilled Workers
One of the most significant changes in the new ILR rules is the increased salary requirement for individuals applying under the Skilled Worker route.
Previous Rule: The minimum salary threshold for the Skilled Worker visa was set at £25,600 per year.
New Rule: The threshold has been raised to £26,200 for applicants who wish to qualify for ILR after five years. This increase reflects the UK government’s intention to ensure that only highly skilled workers remain in the UK.
This change may impact many individuals in the skilled workforce who are applying for ILR after their initial work visa expires.
2. Shortened Continuous Residence Period for Some Applicants
Previously, applicants for ILR had to show continuous residence in the UK for at least five years. However, under the new ILR rules, some applicants may be able to apply for ILR sooner if they meet specific criteria.
a. Frontline Health and Social Care Workers
Individuals employed in frontline health and social care roles, such as NHS staff, may now be eligible to apply for ILR after three years of continuous residence in the UK, rather than the standard five years.
b. Graduate Visa Holders
The Graduate Visa route, which allows international students to stay in the UK for post-study work, has been extended to accommodate the need for skilled workers in certain sectors. As part of the new ILR rules, graduates who have been employed in a role on the Shortage Occupation List may also be eligible for ILR after three years instead of five.
3. Changes to the English Language Requirement
The new ILR rules have introduced stricter English language proficiency requirements for applicants. In the past, applicants were able to demonstrate their English language skills through various means, such as holding a degree taught in English or passing a language test. Under the new ILR rules:
English Language Test: Applicants will now be required to take a specific English language test that is approved by the UK Home Office.
Degree Requirement: For some visa types, applicants must now prove that their qualifications (e.g., a degree or other academic qualifications) meet specific language proficiency levels.
This change is aimed at ensuring that all applicants have the language skills necessary to integrate fully into British society and contribute effectively to the economy.
4. Revised Absence Rules for Continuous Residence
Under the new ILR rules, there are stricter guidelines for the amount of time you can spend outside the UK while applying for ILR.
Previous Rule: Applicants for ILR could be absent from the UK for up to 180 days during the qualifying period.
New Rule: Applicants can now be absent for no more than 180 days in total over the five-year qualifying period, with stricter rules on the amount of time spent outside the UK in the final 12 months leading up to the application.
This change is important for individuals who have taken frequent short trips or have been out of the country for extended periods during their residence in the UK.
5. Changes to the “Good Character” Requirement
The good character requirement for ILR has always been a fundamental part of the application process. Under the new ILR rules, applicants must demonstrate that they have adhered to UK laws and have not been involved in any criminal activity.
Previous Rule: A criminal conviction would automatically disqualify an applicant from being granted ILR.
New Rule: The government has clarified that applicants with criminal convictions, including minor offenses, may still be eligible for ILR if they have demonstrated rehabilitation and have completed their sentence or community service.
How to Apply for ILR Under the New Rules
If you are eligible to apply for ILR under the new ILR rules, here’s how you can proceed with your application:
1. Ensure You Meet the Eligibility Criteria
Before applying, ensure that you meet all the eligibility requirements for ILR, including:
Residence requirement: Ensure you’ve met the continuous residence requirement and haven’t exceeded the allowed number of absences.
Salary threshold: Make sure your salary meets the new higher threshold, if applicable.
English language requirement: Pass the necessary language test and meet the new English proficiency criteria.
2. Gather the Necessary Documents
Prepare all the required documents to support your ILR application. These may include:
Proof of continuous residence in the UK (e.g., tenancy agreements, utility bills, tax records).
Pay slips or evidence of employment for those applying under the skilled worker or other employment-based visas.
Biometric residence permit (BRP).
Proof of English language proficiency (e.g., language test results or degree certificates).
3. Complete the Application Form
You can complete the ILR application online via the official UK government website. Ensure that all sections of the form are filled out accurately to avoid delays in processing.
4. Pay the Application Fee
The ILR application fee typically costs £2,389 for most applicants. However, there may be additional fees for biometric appointments or premium services. Be sure to pay the fee when you submit your application.
5. Attend a Biometric Appointment
After submitting your application, you may be required to attend a biometric appointment to provide your fingerprints and photograph. This is a mandatory step for all applicants.
6. Wait for a Decision
Once your application and biometric data are submitted, the Home Office will process your application. The decision can take several months, so it’s important to apply well in advance of your visa’s expiry.
How Primus Solicitors Manchester Can Help
At Primus Solicitors Manchester, we provide expert guidance on ILR applications under the new ILR rules. Our experienced team can help ensure that your application is submitted correctly and in compliance with the latest immigration requirements.
Our Services Include:
Eligibility assessment: We’ll evaluate your eligibility for ILR and advise you on the best course of action.
Application support: We assist with completing your ILR application and ensuring all necessary documents are provided.
Document preparation: Our team ensures that your supporting documents meet the Home Office’s requirements.
Ongoing support: We provide continuous support throughout the ILR application process.
If you’re ready to apply for ILR or need help navigating the new ILR rules, book a consultation with Primus Solicitors Manchester today.
If you need help with your ILR application or have questions about the new ILR rules, contact Primus Solicitors Manchester today:
📍 First Floor, 402 Palatine Road, Northenden, Manchester M22 4FZ
📞 0161 222 5860
📧 info@ansarhabib.com
🕘 Monday–Friday: 09:30 AM – 05:30 PM
FAQs About ILR Under the New Rules
1. What are the new salary requirements for ILR?
The salary threshold for ILR has been increased to £26,200 for most applicants under the Skilled Worker route.
2. Can I apply for ILR if I’ve been outside the UK for more than 180 days?
No, under the new ILR rules, you must not exceed 180 days of absence from the UK during the qualifying period.
3. Can I apply for ILR if I have a criminal record?
Under the new ILR rules, applicants with a criminal record may still be eligible for ILR, provided they have demonstrated rehabilitation and completed their sentence.
4. How long does it take to get a decision on my ILR application?
The processing time for ILR applications typically takes several months, but it can vary depending on the complexity of your case.
5. What happens if my ILR application is refused?
If your ILR application is refused, you may have the option to appeal the decision or reapply under the correct criteria. It’s important to seek legal advice if your application is denied.
Legal Disclaimer
This article provides general information about ILR and the new ILR rules and does not constitute legal advice. For personalized assistance with your ILR application, please contact Primus Solicitors Manchester.
Contact Primus Solicitors Manchester
If you need help with your ILR application or have questions about the new ILR rules, contact Primus Solicitors Manchester today:
📍 First Floor, 402 Palatine Road, Northenden, Manchester M22 4FZ
📞 0161 222 5860
📧 info@ansarhabib.com
🕘 Monday–Friday: 09:30 AM – 05:30 PM
