Indefinite Leave to Remain for Business & Talent Visas

VisaVisas and ImmigrationGovernment2 weeks ago84 Views

Indefinite Leave to Remain (ILR) eligibility for business investors, entrepreneurs, and Global Talent visa holders in the UK.

Indefinite Leave to Remain for Business, Investor & Talent Visa Holders

If you hold a Global Talent, Tier 1 (Investor), or Tier 1 (Entrepreneur) visa, you may be eligible for indefinite leave to remain (ILR) in the UK. Also known as settlement, ILR grants you the right to live, work, study, and access public funds without time restrictions. This status is also a step toward British citizenship.

The Global Talent visa replaced the Tier 1 (Exceptional Talent) visa, so those on the old visa should apply under the new category.


Eligibility Criteria for Indefinite Leave to Remain

1. Time Spent in the UK

To qualify, you must have lived in the UK for 2 to 5 years, depending on your visa type:

  • Global Talent Visa: Apply after 3 years if endorsed by leading bodies like the Royal Society or Arts Council England (for exceptional talent). If endorsed as an emerging leader, you can apply after 5 years.
  • Tier 1 (Investor) Visa: Eligibility depends on your investment amount.
    • £10 million investment: Apply after 2 years
    • £5 million investment: Apply after 3 years
    • £2 million investment: Apply after 5 years
  • Tier 1 (Entrepreneur) Visa: Eligibility depends on business performance.
    • Created 10 full-time jobs or generated £5 million in business income: Apply after 3 years
    • Created 2 full-time jobs: Apply after 5 years

2. Continuous Residence Requirement

You must not have spent more than 180 days outside the UK in any 12-month period.

For Global Talent visa holders, time spent abroad for work may be exempt if endorsed by the Royal Society, Royal Academy of Engineering, British Academy, or UK Research and Innovation.

3. Financial Requirements

Investor visa holders must prove their investments were made within 3 months of their start date. Entrepreneur visa holders must demonstrate their business growth through job creation or revenue generation.

4. English Language and Life in the UK Test

Applicants aged 18 to 64 must:

  • Pass the Life in the UK Test
  • Meet the English language requirement (unless exempt)

When and How to Apply

When to Apply

You can apply 28 days before completing your qualifying period. Do not apply too early, as it may lead to refusal.

If your visa is about to expire but you do not yet qualify for ILR, you must renew your visa first.

Application Fees

  • £2,885 per applicant
  • Biometric information (fingerprints and photo) required at no extra cost

Processing Time

  • Standard service: Up to 6 months
  • Priority service (£500 extra): Decision in 5 working days
  • Super priority service (£1,000 extra): Decision in 1-2 working days

Important: Do not travel outside the UK while your application is being processed, or it will be withdrawn.


Including Family Members in Your ILR Application

Eligibility for Partners

Your partner must have:
✔ Lived in the UK with you as a dependant for at least 5 years
✔ A genuine relationship with you
✔ Enough financial support without public funds

They must also pass the Life in the UK Test and meet English language requirements.

Eligibility for Children

Your child must:
✔ Hold dependent status
✔ Be unmarried and financially dependent on you
✔ Live with you (unless studying away from home)

Children over 18 must prove they are not living independently.


After You Apply for Indefinite Leave to Remain

What Happens Next?

  • Attend a UKVCAS appointment for biometric submission.
  • Upload supporting documents online or scan them at your appointment.
  • Await a decision within 6 months (or faster if using a priority service).

What You Can Do After Getting ILR

With ILR, you can:
✅ Work or start a business
✅ Study in the UK
✅ Access healthcare and benefits
✅ Apply for British citizenship after 12 months (if eligible)

Losing ILR Status

You may lose ILR if you stay outside the UK for over 2 years. You may need to apply again before re-enter.

Source / Ref.: Gov.uk  Contains public sector information licensed under OGL v3.0.

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