Applying for Indefinite Leave to Remain (ILR)

Once you have passed the Life in the UK test, you can start the process of completing your application for Indefinite Leave to Remain (ILR).

Which form do I need?

The forms on which you have to apply for indefinite leave to remain in the UK can be found on the UKBA website and are listed below.

Each form has a set of guidance notes. Make sure you read these while completing your form. They contain detailed instructions on how to successfully complete your application.

I have passed the Life in the UK test

If you have been required to take the Life in the UK Test it is likely that you will only need to use one of two possible forms.

SET(M) - If you are applying as a spouse, civil partner, same sex or unmarried partner of a person present and settled in the UK
SET(O) – For most other applications

If you want to download the forms from the UKBA website then you will need Adobe Reader. You can get this for free by using the link on the right of this page.

Form and guide SET(M)

Form SET(M) has the full title of Application for indefinite leave to remain in the UK as the partner of a person present and settled in the UK. You can find guidance and answers to common questions about completing the form on the Completing application form SET(M) page of the UKBA website. Direct links to the form and the guidance document are below:

Form and guide SET(O)

Form SET(O) has the full, but not very helpful, title of Application for indefinite leave to remain in one of the categories listed below. The categories are listed below, for your information.

You can find guidance and answers to common questions about completing the form on the Completing application form SET(O) page of the UKBA website. Direct links to the form and the guidance document are below:

You should use this form to apply for indefinite leave to remain if you are applying as any of the following:

a Tier 1 or Tier 2 visa holder under the points-based system (This excludes applications made from the Post-study work category of Tier 1)
work permit holder
innovator
businessperson
investor
representative of an overseas newspaper, news agency or broadcasting organisation
private servant in a diplomatic household
domestic worker in a private household
overseas government employee
minister of religion, missionary or member of a religious order
airport-based operational staff of an overseas-owned airline
self-employed lawyer
a person with United Kingdom ancestry
writer, composer or artist
highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) - but if you applied to the HSMP before 3 April 2006 and came to the UK on the basis of that application, you can apply after you have been in the UK for only four years.

Former members of HM Forces can also apply for settlement using form SET(O) if they have been living in the UK for four years. (There are different requirements for former Ghurkas, however, who can apply for settlement from outside the UK if they have served for four years in the British Army.)

If you have been given temporary permission to remain in the UK as the partner of a British citizen or person settled here, and your partner has died, you can apply for settlement as a bereaved partner. You can make your application using form SET(O) immediately after your partner's death - you do not need to wait until you have been here for a certain length of time.

If you are in the UK for other purposes or reasons not covered by other application forms (excluding asylum), you may be able to apply for settlement using form SET(O). This includes applications for reasons of long residence in the UK, if you have been living continously in the UK for 10 years (or 14 years in some cases).

More information on these exceptions can be found on the UK Border Agency website.

Long residence in the UK - Chapter 18 of the Immigration Directorate Instructions
Foreign or Commonwealth citizen discharged from HM Forces
Other purposes/reasons not covered by other application forms

Waiting times

Note that these are not official statistics or agreed response times, and must be used as guidance only.

The Home Office advises that you should not to make any non-urgent travel arrangements until your passport(s) or travel document(s) have been returned.

Postal Applications: 70% of postal applications are decided within 4 weeks (20 working days) and 90% within 14 weeks (70 working days).

Applications made in person: You can pay an extra fee to make your application in person. 98% of these applications are decided within 24 hours.

Warning - absences from the UK

Once you have been granted permanent residence (ILR) you may stay in the UK indefinitely so long as they do not leave the country for extended periods. The law states that you should not leave the UK for a period of over two years.

There is a risk that you may lose your permanent residence permit if you are absent from the UK for more than two years.

If you have been away for more than two years, then you must obtain entry clearance before attempting to enter the UK. If you don’t do this then there is a risk that you will be denied entry to the UK. You can apply for entry clearance at any British diplomatic post.

You may still be able to return to the United Kingdom to live if, for example, you have strong family ties here or have lived here most of your life.

I am exempt from taking the Life in the UK test

If you are exempt from taking the Life in the UK test when applying for settlement then you will need to apply using a different form. Which for you use will depend on your individual situation.

If this applies to you the you should use the Find the right form page of the UKBA website to find out which form you should use. Alternative forms include applications made through the family and student routes and those for asylum seekers, victims of domestic violence and other humanitarian considerations.