Applying for indefinite leave to remain in the UK can be a complex and time-consuming process, with several strict requirements that must first be met. It can also take several months to receive a decision yet, having submitted your online application and supporting documentation, you will not be permitted to leave the UK until a decision has been made.
The following practical guide for applicants looks in detail at the indefinite leave to remain super priority service, providing the information needed to weigh up the benefits of using this Home Office premium service. We also look at the priority service as a potential alternative option, plus the processing times and costs associated with both services.
What is the UK indefinite leave to remain priority service?
When applying to settle in the UK, the standard processing time to receive a decision from UK Visas and Immigration (UKVI) is currently advertised as up to 6 months. UKVI is the division of the Home Office responsible for issuing visa and immigration decisions, including applications for indefinite leave.
Under the indefinite leave to remain priority service, ILR applicants can benefit from fast-tracked application processing for an additional fee.
How long does the indefinite leave to remain priority service take?
The ILR priority service provides a decision within 5 working days, although this does not guarantee a faster decision if your application is complicated or additional information or documentation is required. As such, in circumstances where UKVI needs to ask you for more information and clarify certain matters around your settlement application, a decision can take longer than the advertised fast-tracked timings.
For the priority service, the expedited processing time will start to run from either the day of your scheduled appointment, if you are required to prove your identity in person, or the working day after you have finished uploading your documents, if you are eligible to use the ‘UK Immigration: ID Check’ app. You will be told when you apply whether you can prove your identity by using the app to scan your identity document or if you are required to attend an appointment at a UK Visa and Citizen Application Services (UKVCAS) centre.
How much does the indefinite leave to remain priority service cost?
The cost of the ILR priority service is £500. This is in addition to the cost of applying for indefinite leave. It is also worth noting that if a decision on your settlement application takes longer, you will not usually get your money back.
For each family member applying with you for indefinite leave, an additional £500 will be payable for a decision within 5 working days. Every family member will be required to pay for a faster decision, although you should get a decision for everyone at the same time.
The application fee for indefinite leave to remain is currently set at £2885 (October 2023), both for the main applicant and any dependants applying with them.
There is no application fee when applying to settle if you have protection status in the UK (permission to stay as a refugee or person with humanitarian protection). However, you cannot use the priority or super priority service if you are applying for indefinite leave with this status.
What is the UK indefinite leave to remain super priority service?
The UK indefinite leave to remain super priority service, also sometimes referred to as the indefinite leave to remain premium service, is a service that you can pay for to help significantly expedite the decision on your application for settlement. Indefinite leave to remain, or settlement, is where you are applying to settle in the UK on a permanent basis.
How long does the indefinite leave to remain super priority service take?
Using the super priority service means that you will usually get a decision by the end of the next working day or “soon after” (according to the GOV.UK website). However, using the indefinite leave to remain super priority service does not guarantee a faster decision. This is because your settlement application may not be straightforward, where UKVI may need to verify your supporting documents or request additional information. They may also need to interview you in person because of your personal circumstances, for example, if you have a criminal conviction or there are other questions surrounding your suitability to settle.
For the super priority service, you will usually get a decision from UKVI by the end of the next working day after your in-person appointment, if your appointment falls on a weekday, or 2 working days from any appointment that falls on a bank holiday or at the weekend.
You cannot get a decision by the end of the next working day if you use the ID Check app. You also cannot usually get a decision within 5 workings days if you use the app. The only exception to this rule is if you are applying to settle as an Innovator Founder. However, even when seeking indefinite leave to remain as an Innovator Founder, applications to settle as the dependent child or partner of an Innovator Founder are not eligible for the priority 5-day service where the app has been used to prove a dependant’s identity.
How much does the indefinite leave to remain super priority service cost?
The cost to pay for a faster decision using the indefinite leave to remain super priority service is £1000 per applicant, in addition to the application fee. For each family member applying with you for indefinite leave, an additional £1000 will be payable to get a decision by the end of the next working day.
When is the indefinite leave to remain priority & super priority service available?
If you are in the UK, you must have permission to be here to apply for either the priority or super priority service and you can only pay for a faster decision on certain applications to settle. You will find out if you can pay for a faster decision and what you need to do when you apply. The settlement routes for which the super priority service is available include:
- applications to settle on the basis of UK Ancestry, using form SET(O)
- applications to settle as a former member of HM Forces, using form SET(AF)
- applications to settle as a child under 18, using form SET(F)
- applications to settle if you have been in the UK legally for 10 consecutive years, known as long residence
- applications to settle if you work in the UK, or establish a business or invest in the UK, using form SET(O)
- applications to settle as the spouse or partner of a person, or parent of a child, already present and settled in the UK, using form SET(M)
- applications to settle as an Innovator Founder
- applications to settle as the dependent child or spouse/partner of an Innovator Founder.
The settlement routes for which the priority service is available include:
- applications to settle if you work in the UK, or establish a business or invest in the UK, using form SET(O)
- applications to settle as an Innovator Founder
- applications to settle as the dependent child or spouse/partner of an Innovator Founder.
If applying to settle as an Innovator Founder, you can pay for a faster decision using either the priority or super priority service. Additionally, unlike other settlement applications, you can also pay for a decision within 5 working days if you use the ID check app. For all other settlement applications, you will not be permitted to pay for a faster decision using either the priority or super priority services when using the app. An Innovator Founder application is the only route where this is currently permitted.
For some settlement routes, neither premium service will be available. There is also a limit on how many applicants can pay for a faster decision. If you are not offered the option to use a priority service when you apply for indefinite leave, you can still complete a standard application, where this should be processed within the normal 6-month timeframe.
Priority & super priority service refunds
If you cancel your application for indefinite leave, you may be able to get a refund of the cost of using either the super priority or priority service. However, the rules for getting a refund will depend on the circumstances involved, including how you were told to prove your identity and what stage your settlement application is at when you cancel.
If you cancel your visa application, you may get a premium service fee refund if you were told to prove your identity in person and you have not yet given your biometric information. This will not be paid automatically, where you will need to ask for a refund. In contrast, if you were told to prove your identity in person and you have already provided a scan of your fingerprints and photo, you will not be entitled to a refund.
In scenarios where you used the smartphone app and would like to cancel your settlement application, you will get a refund of your priority service fee if you have not selected ‘confirm and upload’ in the app and you cancelled your application prior to the deadline that you were given for uploading your evidence. Again, a refund will not be paid automatically. You can ask for this to be paid back to you by emailing the priority services refund requests team and explaining why you think you are entitled to a refund.
In circumstances where a decision on your settlement application takes longer, you will not get a refund on any super priority or priority service fee if you do not get a decision in time because UKVI needed more information or evidence to make the decision. If your application is adjudicated, the only circumstances in which you are likely to receive a refund is if UKVI could not give you a decision in time because of something outside their control, such as a technical problem. However, each case will be considered individually.
How to avoid issues when using the ILR priority & super priority services
Unless you pay for a premium service, it can take several months to get a decision on your application for indefinite leave, where you will not be permitted to travel outside of the UK, Ireland, the Channel Islands or Isle of Man until you receive your decision. Your application will be withdrawn if you do. As such, many applicants opt to pay for either the indefinite leave to remain super priority service or the indefinite leave priority service, where available, even though this does not necessarily guarantee a faster settlement decision.
However, there are steps that can be taken to help ensure that there are no avoidable delays in your application being adjudicated within the expedited processing time, not least seeking expert advice from an immigration specialist prior to applying. In this way, your adviser can ensure that you qualify for settlement and help you to navigate any procedural pitfalls. They can also assist in preparing your application, including gathering the documents needed to meet the requirements for indefinite leave on your chosen route.
Need assistance?
DavidsonMorris are recognised experts in UK immigration and settlement applications. We help individuals with all aspects of applications for Indefinite Leave to Remain, including use of priority and super priority services. For specialist guidance, contact us.
Indefinite leave to remain priority & super priority service FAQs
Is priority service available for indefinite leave to remain?
When applying for indefinite leave to remain, you can pay £500 for the priority service for a decision within 5 working days, or £1,000 for the super priority service for a decision by the end of the next working day.
How do I get super priority service for ILR?
To use the super priority service when applying for indefinite leave to remain in the UK, you will need to pay an additional fee when you apply. This will cost an extra £1000, on top of your £2,885 application fee.
How long does ILR super priority service take?
When using the super priority service for an indefinite leave to remain (ILR) application, you should get a decision by the end of the next working day after your appointment, or 2 working days if you have a weekend appointment.
Is super priority service available now?
The super priority service is only available for certain settlement applications. This also applies to the priority service. You will find out if you can pay for a faster decision and what you need to do when you apply.
Is priority service available for ILR set M?
The priority service is not available for applications to settle as the partner of a person, or parent of a child, present and settled in the UK using form SET(M), although the faster super priority service may be available.
What is the processing time for ILR 2023?
The standard processing time for an application for indefinite leave to remain from in the UK is up to 6 months. However, you may be able to pay for a faster decision.
How much is ILR priority service?
The ILR priority service costs £500 in addition to the application fee, while the super priority ILR service costs £1000 in addition to the application fee.
Last updated: 15 September 2023
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
