When moving to another country, it is easy to focus only on the early steps: how to get there, what kind of visa you can apply for for entry, and where to stay. But there are more considerations that are best to involve early in your moving process to make sure that you are well prepared for important considerations further down the line.
If you are moving to the UK with the goal of staying for an extended period or permanently, you should explore how you may qualify for Indefinite Leave to Remain, as this will enable you to be in the UK indefinitely, once you have met certain conditions.
What Is Indefinite Leave to Remain?
Indefinite Leave to Remain, often abbreviated to ILR or referred to as settled status or settlement, offers permission for individuals to live, study, and work in the UK without a time restriction. It also enables individuals to apply for certain benefits if eligible.
Indefinite Leave to Remain also offers a path towards full naturalisation and citizenship for Canadian nationals who have fulfilled the requirements to qualify. It is one of the best options if you want to live and stay in the UK indefinitely, as it will remove the necessity to reapply for visa renewals and allows more flexibility with time spent outside the UK as well, though there are still limitations that you should stay aware of when considering leaving either to travel or for other reasons.
Understanding Residential Requirements When Applying for ILR
Canadian citizens who wish to come to the UK for more than six months will usually be required to apply for one of the available long-stay visas, which may include various family visas or employment-based visas, among others. Long stay visas often offer an opportunity to eventually be turned into Indefinite Leave to Remain, provided that you qualify and have reached all associated requirements.
Applying for Indefinite Leave to Remain is usually tied to a residential requirement, which currently sits at five years of continuous residence. This means that if you have been in the UK on a qualifying long-stay visa for five years, you may qualify for Indefinite Leave to Remain. To achieve five years of continuous residence, however, it is important to keep in mind that this means that the UK must have been your primary place of living for this duration. While you may leave the UK for shorter durations, you must not have been outside the UK for longer than 180 days within any 12-month period, as this would disqualify you. Additionally, you will need to be able to show thorough proof that you did indeed spend the required time in the UK in order to show that you have met the requirements.
You should note that the residential requirement may vary, with some individuals being able to qualify before the five-year period has passed. This may apply to individuals who are in the UK on a Tier 1 visa, which could qualify for Indefinite Leave to Remain after only two or three years, while individuals who have been granted an Innovator Founder visa may qualify after three years.
Notably, there have been recent discussions to change the residential requirements for ILR eligibility in an effort to restore control over current UK immigration trajectories. While no changes have been implemented yet, this could mean that in the future, individuals wishing to apply for Indefinite Leave to Remain in the UK may have to wait as long as ten years until they can qualify. It is currently uncertain how these changes may come into effect, if they do at all, but it is worth keeping in mind if you are just starting to begin your immigration journey and want to be well-informed before you move.
Nevertheless, this should not be a deterrent as it would not be likely to have a significant effect on your ability to obtain ILR in the UK, provided that you continue to qualify for one of the suitable long-stay visas for the UK.
How to Apply for Indefinite Leave to Remain in the UK as a Canadian Citizen?
If you have reached your residential requirement in the UK and wish to apply for Indefinite Leave to Remain, you will need to ensure that you can meet all other requirements. Usually, this means that you have continued to stay in the UK on an eligible visa, which you are in full compliance with. You will need to have a valid passport and show proof of proficiency in the English language, though this may not apply to Canadian nationals, who are generally exempt from completing an English language test before applying for ILR.
One main hurdle beyond the residential requirements lies in completing the Life in the UK test before you apply for ILR. This test checks your knowledge about UK history, lifestyle, and culture, with the goal of seeing if you are suitably prepared to successfully integrate into UK life permanently. There may be some exemptions if you have previously passed the test or if you are over the age of 65 when applying for ILR, but it is always best to check and be sure.
Once you are ready, you will need to apply for ILR via the Home Office website. Here, you will need to provide your personal details and your passport, as well as any other relevant information and test results. A major challenge is to provide adequate evidence of your qualifying residence in the UK, which needs to cover the full period of your time in the UK. Documents you may provide should clearly include your name, the date or date range, as well as your address. Utility bills may be a suitable form of evidence, as are GP letters or other official correspondence, as long as there is a clear sign of your presence in the UK.
While challenging, applying for ILR is well worth the effort, as you will be free from future visa applications and can generally relax, knowing that your life in the UK is secure and set up to continue if you want it to.
