Indefinite Leave to Remain (ILR)
What is Indefinite Leave to Remain and how does it affect right to work? Understand ILR work rights and checking requirements.
Last updated: 30 January 2025
Indefinite Leave to Remain grants permanent right to live and work in the UK.
What Is ILR?
Definition
| Feature | Detail |
|---|---|
| Permanent permission | To stay in UK |
| No time limit | Indefinite |
| Full work rights | No restrictions |
| Settlement | In the UK |
Also Known As
| Term | Same Thing |
|---|---|
| Settlement | ILR |
| Permanent residence | ILR |
| Settled status | Similar (EUSS) |
Work Rights
What ILR Allows
| Right | Detail |
|---|---|
| Any employment | No restrictions |
| Self-employment | Fully allowed |
| No sponsor needed | Work freely |
| Any sector | Including restricted |
Compared to Visas
| ILR vs Visa | Difference |
|---|---|
| No expiry | On work rights |
| No conditions | On employment |
| No employer tied | Change freely |
| No salary threshold | Unlike work visas |
Checking ILR
Online Check (Preferred)
| Method | Process |
|---|---|
| Share code | Employee generates |
| gov.uk service | Employer verifies |
| Confirmation | Shows ILR status |
| Record | Save confirmation |
When Online Required
| Situation | Check Method |
|---|---|
| BRP card | Online only |
| eVisa | Online only |
| Most recent ILR | Online |
Manual Check (Limited)
| When Possible | Conditions |
|---|---|
| Old passport stamp | Passport not expired |
| Specific endorsements | Pre-digital era |
| Becoming rare | Online preferred |
Biometric Residence Permits
BRP Cards
| Feature | Detail |
|---|---|
| Physical card | Shows ILR |
| Has expiry date | Card expires, not status |
| Being phased out | By 2025 |
| Use online check | Despite having card |
Card vs Status
| Important | Understanding |
|---|---|
| Card expires | On stated date |
| Status doesn't | ILR remains valid |
| New proof needed | After card expires |
| Online service | Continues to work |
The Online Check Process
For Employees
| Step | Action |
|---|---|
| 1 | Log into UKVI account |
| 2 | Request share code |
| 3 | Give to employer |
| 4 | Code valid 90 days |
For Employers
| Step | Action |
|---|---|
| 1 | Receive share code |
| 2 | Enter on gov.uk |
| 3 | Enter date of birth |
| 4 | View confirmation |
| 5 | Save record |
What Confirmation Shows
| Information | Detail |
|---|---|
| Photo | Of the person |
| Status | Indefinite leave |
| Work rights | "Unlimited" |
| No expiry | For status |
Losing ILR
How It Can Be Lost
| Circumstance | Effect |
|---|---|
| Absence over 2 years | Lapses |
| Deportation order | Revoked |
| Naturalisation | Replaced by citizenship |
Returning Resident Visas
| If Abroad | Options |
|---|---|
| Over 2 years | ILR lapses |
| Returning Resident visa | May be needed |
| Re-entry | May require application |
Types of ILR Evidence
Current Documents
| Document | Check Method |
|---|---|
| eVisa (digital) | Online only |
| BRP card | Online (card expires) |
Historical Documents
| Document | May Accept |
|---|---|
| Passport stamp | If passport valid |
| Older endorsement | Check carefully |
| Letter from HO | Not usually sufficient |
Common Scenarios
Scenario 1: BRP Card Expired
| Situation | Action |
|---|---|
| Card shows ILR | Expired date |
| Status still valid | Yes |
| How to check | Online via share code |
| Acceptable | Yes |
Scenario 2: Very Old ILR
| Situation | Approach |
|---|---|
| ILR from 1990s | May have stamp |
| No BRP | Different era |
| Online service | Should still work |
| If issues | Employee contacts HO |
Scenario 3: Can't Generate Code
| Problem | Solution |
|---|---|
| No UKVI account | Create one |
| Technical issues | Contact Home Office |
| Lost details | Recovery process |
Record Keeping
What to Keep
| Record | Detail |
|---|---|
| Online confirmation | Screenshot/print |
| Date checked | Noted |
| Share code used | Reference |
| Duration | Employment + 2 years |
Statutory Excuse
| If Checked Properly | Effect |
|---|---|
| Excuse established | Defence to penalty |
| Online confirmation | Sufficient evidence |
| Keep records | To prove check done |
ILR vs Other Statuses
Compared to Settled Status
| Feature | ILR | Settled Status |
|---|---|---|
| Work rights | Same | Same |
| Check method | Online | Online |
| Loss rules | 2 years abroad | 5 years abroad |
Compared to Citizenship
| Feature | ILR | British Citizen |
|---|---|---|
| Can be lost | Yes (absence) | Rarely |
| Passport | Home country | British |
| Vote | Local elections | All elections |
| Work rights | Same | Same |
Pathway to Citizenship
From ILR
| Step | Requirement |
|---|---|
| Hold ILR | For 12 months |
| Residency | Requirements met |
| Apply | For naturalisation |
| If successful | Become British |
Work Rights During
| Stage | Rights |
|---|---|
| With ILR | Full rights |
| Citizenship pending | Full rights |
| After citizenship | Full rights |
Special Categories
Refugee Status
| If Refugee | Position |
|---|---|
| Often granted ILR | After 5 years |
| Same work rights | As other ILR |
| Same check process | Online |
Family Route ILR
| Family Route | Position |
|---|---|
| Spouse visa | Leads to ILR |
| After 5 years | Usually |
| Full work rights | Once ILR granted |
Employer Tips
Best Practices
| Tip | Reason |
|---|---|
| Always use online | Most reliable |
| Don't rely on BRP | Cards expire |
| Record date checked | Evidence |
| Consistent process | All employees |
Common Mistakes
| Mistake | Problem |
|---|---|
| Trusting expired BRP | Card not status |
| Not checking at all | No excuse |
| Incomplete records | Can't prove check |
Summary
Key Points
| Element | Detail |
|---|---|
| Full work rights | No restrictions |
| Check online | Via share code |
| Status permanent | Card may expire |
| Keep records | Employment + 2 years |
Check Methods
| Document | Method |
|---|---|
| BRP card | Online |
| eVisa | Online |
| Old passport stamp | May be manual |
Related answers
Biometric Residence Permit (BRP)
What is a Biometric Residence Permit? Understand BRP cards, expiry dates, and how to check right to work with BRP documents.
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Online Right to Work Check
How do you conduct an online right to work check? Step-by-step guide to using the Home Office checking service with share codes.
Frequently Asked Questions
- Can someone with ILR work in the UK?
- Yes. Indefinite Leave to Remain grants full right to work in the UK without restrictions. ILR holders can work in any job, be self-employed, and don't need a sponsor or visa.
- How do I check someone's ILR status?
- For most ILR holders, use the Home Office online checking service with a share code. Some older ILR stamps in passports can still be checked manually if the passport hasn't expired.
- Does ILR expire?
- ILR itself doesn't expire, but the proof of it (BRP card or passport stamp) may expire. The status remains valid, but checking may require the online service rather than physical documents.