Indefinite Leave To Remain (ILR): Frequently Asked Questions

• Published date: 05 May 2022
• Subject Matter: Employment and HR, Immigration, Employee Rights/ Labour Relations, General Immigration, Work Visas
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Olivia Waddell

Not quite British citizenship, and yet more than just a visa.the status of 'Indefinite Leave to Remain' has its own specific characteristics. In this post, we take a look at some of the most frequently asked questions from those who have been granted this status, including how to prove it, the rights that it gives you, and how it can be lost or maintained.

Q: What is ILR?

A: Indefinite Leave to Remain (ILR) is an immigration status which allows the person who holds it to live and work in the UK for an unlimited time, without any need to apply for a visa extension.

If you are granted ILR, you are able to leave and re-enter the UK without any immigration restrictions. Unlike British citizenship, which is granted for life, an individual's ILR can lapse in certain circumstances, for example if they leave the UK for a period of two years or more (see section: Can my indefinite leave to enter or remain be taken away?).

Q: How do I prove that I have Indefinite Leave to Remain?

A: There are various ways in which ILR can be documented:

• a Biometric Residence Permit (BRP). If you are settled in the UK your BRP will display either 'Indefinite Leave to Remain', 'Indefinite Leave to Enter', or 'No Time Limit';
• a No Time Limit (NTL) stamp in your passport (expired or otherwise), stating 'There is at present no time limit on the holder's stay in the United Kingdom';
• an Indefinite Leave to Enter (ILE) stamp in your passport (expired or otherwise), stating 'Given indefinite leave to enter the United Kingdom';
• an ILR stamp in your passport (expired or otherwise), stating 'given leave to remain in the UK for an indefinite period;
• an ILR endorsement in your passport (expired or otherwise);
• a letter from the Home Office confirming your right to remain indefinitely in the UK.

Q: What if I do not have a document to prove that I have ILR?

A: If you have ILR, but you do not have a document to prove it, you can apply for confirmation of this status in the form of a Biometric Residence Permit (BRP). You can do this through an administrative process called a no time limit (NTL) application.

You are also able to make an NTL application if you previously held a passport which contained proof of your ILR but this has been lost or stolen, or has expired. If this is the case, you may have to provide extra information such as a crime reference number or a police report, in order to prove to the Home Office that you are the same person who has previously been granted ILR.

If you make an application for a permit showing your ILR and you do not have any documentary evidence of your ILR, the Home Office will check all their available systems and files for any records that...