Indefinite Leave to Remain and British citizenship are both milestones in an immigration journey, but they are not the same thing, and confusing them can lead to costly mistakes.
Many people who have lived in the UK for several years are unsure whether to apply for Indefinite Leave to Remain (ILR) or whether to wait and apply directly for British citizenship, or indeed whether they are even eligible for either. The two are related but distinct, and the choice between them has practical consequences that are worth understanding before you apply.
What Is ILR?
Indefinite Leave to Remain is a form of permission to stay in the UK with no time limit. It is the primary form of settled status in the UK for most migrants. With ILR, you can live, work, and study in the UK without restriction. You can access public funds (including the NHS and benefits, subject to the applicable rules). You are not subject to a condition requiring you to leave at a particular date.
ILR can be lost. If you are absent from the UK for more than two continuous years, your ILR lapses automatically. This is a point that is frequently overlooked, particularly by people who travel frequently for work or who spend extended periods abroad caring for family. We regularly advise clients who have unwittingly lost their ILR by exceeding the two-year limit.
What Is British Citizenship?
British citizenship is acquired by naturalisation (for most adult migrants) or registration (for children and certain categories of person with a historical claim to citizenship). A British citizen cannot be deported, cannot lose their right to live in the UK through absence, and is entitled to a British passport. Citizenship is permanent in a way that ILR is not.
The Typical Pathway
- ◆Enter on a qualifying visa (e.g. Skilled Worker, Spouse/Partner, Tier 1 investor or entrepreneur)
- ◆Accumulate qualifying residence, typically 5 years of continuous lawful residence
- ◆Apply for ILR (settled status)
- ◆After 12 months holding ILR, apply for naturalisation as a British citizen
- ◆After naturalisation, apply for a British passport
The minimum period from first arrival to British citizenship is typically 6 years (5 years' qualifying residence plus 1 year holding ILR). For those who arrived on a Spouse/Partner visa, it is typically 5 years (3 years' qualifying residence plus 1 year holding ILR, or 3 years if married to a British citizen). For those with an Ancestry visa or British Overseas Territories Citizenship, the path may be shorter.
The Good Character Requirement
Both ILR and naturalisation require the applicant to be of 'good character'. Criminal convictions, civil penalty notices, failure to disclose relevant information, and in some cases unpaid taxes can result in refusal. We review each client's background carefully before advising on timing of applications.
Key Differences in Practice
ILR holders can travel on their existing national passport and re-enter the UK using an eVisa. British citizens travel on a British passport. In practice, this distinction matters most for people who travel frequently to countries where British passport holders have visa-free access that nationals of their home country do not.
ILR holders from certain countries (primarily EEA nationals and their family members) hold settled status under the EU Settlement Scheme, a form of ILR with similar conditions to the standard form. The same two-year absence rule does not apply to EUSS settled status, though extended absences can still cause complications.
When to Apply
You should not apply for ILR or naturalisation before you are eligible, as premature applications are refused and the fee is not refunded. Calculating eligibility, particularly the qualifying residence period, absences, and continuous lawful residence, can be more complex than it appears. We review these calculations for every client before any application is submitted.