Steps Canadian Passport Holders Can Take to Secure UK Indefinite Leave to Remain

Image by jacqueline macou from Pixabay

Whether you are just starting to explore your options to move to the UK or you have been living there for a while, you may be asking yourself: what’s next?

Switching from a visa that needs continuous renewals to a more long-term solution can be a satisfying next step on your UK immigration journey, but it can feel daunting to have to file yet another application, especially when so much is at stake.

To help you understand what the UK Indefinite Leave to Remain application might entail for you, it can be good to start with a list of steps that you can follow when thinking about your future:

• Make sure you understand what Indefinite Leave to Remain means and how it may benefit you
• Understand the Requirements Before you apply
• Gather the necessary evidence of your eligibility or keep an organised account if you are just planning your move

Understanding Indefinite Leave to Remain: What Is It and Why Would You Want It?

Indefinite Leave to Remain can sound confusing when you first come across the term, but in general, it basically refers to what is also called settled status or settlement in the UK. It means that if you have been granted Indefinite Leave to Remain or ILR, you will be allowed to continue living in the UK without the need of continuing to renew your visa. It basically offers permanent residence, with some minor restrictions.

Indefinite Leave to Remain can seem fairly inaccessible at first, as it is locked behind a residential requirement of usually around five years, though some visa pathways may grant it up to two to three years sooner. This means that to even qualify, you will need to have lived in the UK for a significant amount of time, during which you will need to have maintained compliance with the visa that you have been granted. 

It is essential that you remain what can be considered ‘of good character’, meaning that you do not get involved in any illegal activities, obtain no criminal convictions, and avoid any diversions from your visa regulations, which would be classed as immigration offences.

While this can seem like a lot, it actually doesn’t involve that much change from your usual life in the UK, as you would have to stay in legal compliance with UK law and immigration guidelines anyway, as a visa holder. Beyond this, ILR basically means that if you would like to stay in the UK permanently, you may apply to be allowed to do this without needing to worry about visa renewals. It offers extra security and may even entitle you to some additional benefits if you otherwise qualify.

What Are the Requirements for ILR?

As already outlined, a main requirement is that you need to stay compliant with immigration and general law. But what else is there to consider?

First of all, you will need to check what visa you have been granted, as ILR is usually only accessible through qualifying long-stay visas. If you have come to the UK on an extended basis, you will likely have been granted such a visa, but you will need to double-check sooner rather than later, as staying on an ineligible visa will not allow you to count that period towards your residential requirements.

Most notably, you should remember that while Canadian citizens are allowed to visit the UK on a short-stay basis with an Electronic Travel Authorisation alone, this is restricted to a maximum of six months that you may spend in the UK and cannot be counted towards residential requirements. While you can apply for a suitable long-stay visa, you will need to do so from outside the UK.

If you have been granted a qualifying visa, you will need to meet your residential requirements. This means that you will have to spend around five years living in the UK, with your UK address being your primary residence. While there is allowance for time spent outside of the UK, you must not spend more than 180 days abroad in any 12-month period, as this may invalidate your eligibility.

ILR applications usually involve an English language test, but as a Canadian national, you will usually be exempt. However, you will still need to complete the Life in the UK test before applying for ILR, as this is designed to check whether you will be able to integrate well into UK life. This test involves questions about UK lifestyle and culture, as well as some questions about UK history that you will need to answer and achieve a passing score in.

Steps to Take When Preparing Your Evidence

How you may go about preparing your evidence for your UK ILR application may vary how early in your immigration journey you are when you start thinking about this. If you have only moved recently or are planning your move, it makes sense to start preparing, as this can save you a lot of stress down the line.

Gathering the evidence to show that you have met your residential requirements can be by far the most complex step of the ILR application process, as you will be required to provide documents that prove your residence in the UK over the required period. This means that your evidence needs to show a clear link between your name, your address in the UK, and the relevant date range. Additionally, not just anything may be submitted. Qualifying evidence will usually take the form of some sort of official correspondence. This may entail Utility bills or bank statements, though other letters, such as from your GP, educational providers, or employers, could also be counted.

As you need to cover full date ranges, it can help if you start an archive of residential evidence as early in your immigration journey as possible, which will help you save time when finally applying. Nevertheless, if you have already lived in the UK for a while, it can still help to start at any point, by clearly organising evidence of any addresses you might have lived at, and making sure that your residential dates are adequately covered.