Indefinite Leave to Remain

The requirements for Indefinite Leave to Remain (ILR) are relative to each applicant’s individual circumstances, in particular the type of visa they hold.

The central eligibility requirement concerns the amount of time an applicant has been continuously and lawfully resident in the United Kingdom.

However, there are a number of additional requirements that must also be satisfied. To be eligible to apply, you must meet the following criteria:

• You must have been a continuous UK resident for the relevant period of time
• During the qualifying period, you must not have spent more than 90 days outside of the UK in any 12 months
• You must have adhered to the immigration rules during your time in the UK. It is important that you do not have a criminal record
• You must have passed the Life in the UK Test- this is a series of questions relating to the history, customs and culture of the UK.
• You must hold a minimum B1 level of English language proficiency in accordance with the Common European Framework of Reference for Languages (CEFR).

With ILR forming such a pivotal step in the UK immigration process, having your application approved is of huge importance. However, it is important to recognise that rejections can occur for a number of reasons. Were you to be in this situation, there are a number of different options available to you:

• Appeal the decision
• Pursue a Judicial Review
• Pursue an Administrative Review
• Re-start the entire application process, ensuring that all previous mistakes are fully rectified

The notification of rejection you receive from the Home Office will state whether or not you have the right to appeal the decision or undertake an administrative review.

Were you to pursue a Judicial Review, the process is notably different. This usually forms the last attempt at reversing the Home Office’s decision. The procedure involved can be complex, as it involves an assessment of whether the Home Office’s decision was just and lawful.

Can you retake Life in the UK test?

If you fail to pass your Life in the UK test, you are permitted to retake it again in in seven days. There is no limit to the amount of times you can take the test.

You must have a valid Life in the UK test result to apply for ILR (unless you are exempt) .

The ability to qualify for ILR occurs after 5 years of continuous residence in the UK for individuals on a UK visa. If you’ve switched your visa type, there might be situations where you need to prove more than 5 years of residence.

Depending on your previous and current visa, this change could potentially reset the requirement, meaning you have to accumulate a new 5-year period on your new visa for ILR eligibility.

The following visas typically lead to the option of ILR:

• Innovator visa
• Entrepreneur visa
• Representative of an overseas business visa
• Turkish business person visa
• Spouse visa
• Ancestry visa
• Parent visa
• Child visa
• Adult dependent relative visa
• International agreement visa
• Skilled worker visa
• Minister of religion visa
• International sportsperson visa

For individuals who have been living continuously and lawfully in the UK for a ten year period of long residence, regardless of what visa they have had or are currently on.

Applying for Indefinite Leave to Remain is a pivotal step in your journey towards becoming a British citizen. In order for your ILR UK application to be successful, there are a number of supporting documents you need to submit.

It is crucial that the documents you provide are original copies rather than photocopies. If this is not possible, you will need to explain why. The Home Office will be flexible if you have genuine reasons why original copies could not be accessed. You will be able to upload your documents electronically.

Ordinarily, the following documents will need to be submitted:

• Your immigration history
• Other important information relating to your specific visa category
• Your pass certificate from the Life in the UK test (if not exempt)
• Your pass certificate stating you have an English language proficiency level of B1 (if not exempt)
• Financial documentation that provides proof of the funds available to you. This can take the form of bank statements or payslips.
• Travel documentation relating to absences while you were resident in the United Kingdom
• Your current passport plus all other passports that were valid during your time in the UK
• A police registration certificate (if you have been asked to register with police upon arrival)
• Two identical passport-sized photographs- must be in colour and must have the applicant’s name written clearly on the back

Birth or adoption certificates (in situations where you are applying on behalf of dependants)

Sitting and passing the Life in the UK Test is a key element towards becoming resident in the UK.

The test is formed of 24 questions pertaining to the culture, customs and history of the UK. It is sometimes known as the British Citizenship test.

The test lasts for 45 minutes in total, and all 24 questions are randomly generated on the day. With this in mind, making sure you are adequately prepared is essential. To receive a pass, you must score a minimum of 75%.

You will need to book the test at least three days in advance. Booking costs £50 and should be done online. There are currently over 50 test centres in the UK- you are able to choose one of the five closest to where you are based. Were you to select a different test centre, you would not be able to sit the test nor would you be eligible for a refund.

You will only need to sit the test if you are between the ages of 18 and 65.

If you suffer from a long-term physical or mental condition and have written proof from a doctor, you will most likely be exempt from the test.

In order to book the test, you will need an email address, debit/credit card and an accepted form of ID. It is crucial that you bring some ID (such as a passport or driving licence) with you when you go and sit the test.

You should also bring a letter/document that states your address and is addressed to you. This document should be dated within three months of the test.

The Indefinite Leave to Remain residency requirements are relative to your specific circumstances, notably the type of visa you hold. In most cases, a person must have been continuously and lawfully resident in the UK for at least five years in order to be eligible.

Five years of continuous residence applies to holders of the following visas:

• Fiance Visa
• Family Visa
• UK Ancestry Visa
• Investor Visa
• Skilled Worker Visa
• Spouse Visa
• Unmarried Partner Visa

There are certain situations in which ILR can be successfully applied for even if the five-year requirement has not been attained.

For example, holders of the Global Talent Visa can apply for Indefinite Leave to Remain after just three years of eligible residence in the UK.

Commonwealth citizens who have served in the Royal Armed Forces are eligible for ILR after only four years of continuous UK residence.

It is important to note that there are circumstances in which the ILR residency requirements exceed five years, an apt example being the requirements for Long Residence. Holders of a Long Residence Visa who are over the age of 18 need to accrue 10 years of continuous residence before being eligible for ILR. Those under the age of 18 must have been resident for at least seven years to become a British citizen.

Demonstrating the required level of English language ability is also a key aspect of applying for Indefinite Leave to Remain. You must obtain a minimum level B1 as certified by the Common European Framework of Reference for Languages (CEFR).

It is important that you obtain a pass certificate from your language test provider. This must be submitted as part of your supporting evidence portfolio.

It is important to note that applicants from certain countries will not need to satisfy the English language requirement. Applicants from Commonwealth/English-speaking countries tend to be exempt. These countries include:

• New Zealand
• Australia
• St Lucia
• St Kitts and Nevis
• Antigua and Barbuda
• The Bahamas
• USA
• Trinidad and Tobago
• Canada
• Grenada
• Barbados
• Jamaica
• Ireland

It must also be noted that the English language requirement does not apply to holders of a degree or higher-level qualification in English. Other applicants who are exempt from this requirement are those over 65 and those who are under humanitarian protection.

A BRP is a form of digital identification as opposed to a paper document. It contains details such as your name, fingerprints, date of birth and a digital photograph of your face.

It also contains information concerning your immigration status, such as your ability to access public funds/mainstream benefits and any conditions that are attached to your leave to remain.

When you apply for permanent residence, it is not necessary to obtain a BRP in advance. If you apply for ILR and it is successful, you will automatically receive a BRP.

There are two main forms relating to Indefinite Leave to Remain applications- Form Set (O) and Form Set (M). The form you need to complete depends on your specific circumstances.

Set M Form for indefinite leave to remain

If you are applying for ILR as either the partner or parent of someone who already holds UK Settled Status, Form Set (M) needs to be filled in.

You can view the form here.

Set O Form for indefinite leave to remain

For all other applicants, Form Set (O) is the form that needs to be completed. This applies to applicants on UK Ancestry, PBS Dependant, Business Development/Investor/ Talent Visas and Long-Term Work Visas.

You can access the form here.

If your settled status application is successful, there will no longer be any restrictions on your ability to work and study in the United Kingdom. You will be able to start your own business in the same way a British citizen can, and you will be able to study without having to meet the Student Visa requirements.

Your new immigration status will enable you to work in any role/industry, become self-employed, and undertake voluntary sector work. Possessing ILR also makes you exempt from any healthcare restrictions. You will have access to all forms of NHS healthcare and will not be charged.

ILR also provides you with the ability to access public funds, were this to be necessary.

What are the rules concerning travel outside of the UK for those with Indefinite Leave to Remain?

If you hold ILR, it must be noted that there are still restrictions on travel outside of the UK. Unlike those with citizenship, you are not completely free from immigration controls, and must adhere fully to the restrictions.

ILR holders are not permitted to spend more than two years outside of the United Kingdom. Were you to do this, you would be in serious breach of your status.

If you need support with any aspect of your ILR application, speak to our expert immigration lawyers about how we can assist you with obtaining your ILR status. Call 0121 667 6530 for immediate advice.

To be eligible for ILR, it is essential to hold a visa that can lead to a UK settlement Visa such as ILR.

Holders of these visas will be able to apply for Indefinite Leave to Remain once they have been continuously resident in the United Kingdom for the relevant period of time.

The types of visa that can lead to UK settlement are as follows:

• Discretionary Leave to Remain
• Long Residence
• Retired Person Visa
• Skilled Worker Visa
• Sportsperson Visa (T2)
• Minister of Religion Visa (T2)
• Intra-Company Transfer Visa (T2)
• UK Ancestry Visa
• PBS Dependant Visa
• Fiance Visa
• Spouse Visa
• Unmarried Partner Visa
• Family Visa

It must be noted that there are other ways to apply for ILR in addition to the visa routes given above.

At present, the Indefinite Leave to Remain fee is £2,389.

You will be charged an additional £50 for each additional person you apply on behalf of.

If your ILR application needs to be processed as quickly as possible, a Fast-Track Application Service is available.

If you choose the fast-track option, you should expect to receive a decision on your application within five working days.

Your application will cost an extra £500 if it is fast-tracked.

It is also possible to opt for a super-priority service. Applicants who select this option will receive a decision within one working day. It costs £800.

What are the standard ILR processing times?

If you opt for neither the fast-track or super-priority application service, you ought to receive a decision on your ILR application within six months of its submission to the Home Office.

If you fail to submit the correct documentation, your application will take longer to process.

In order for your Indefinite Leave to Remain application to be approved, there are rules regarding absences that must be adhered to. To be eligible, you must not have spent more than 180 days outside of the UK in any 12-month period.

It is important to note that the reasons for your absence will be taken into consideration by the Home Office. If you leave the country for work/business reasons, this will not form part of your total qualifying absences. Neither will absences that are based on exceptional circumstances.

In order to guarantee you are eligible for ILR, it is advised that you keep a record of the amount of days you are absent in any 12 months during the qualifying period.

When can a spouse apply for indefinite leave to remain?

Under most circumstances, a Spouse Visa holder can transition to ILR providing that they have abided by the terms of their visa for five years.

Spouse Visas are granted for an initial period of 30 months. Once this period of leave comes to an end, a 30 month extension can be applied for. At the end of this extension period, the holder will be eligible for residence.

Indefinite Leave to Remain constitutes the penultimate step in a person’s journey towards British nationality.

It is important to note that whilst citizenship eligibility hinges on possessing Indefinite Leave to Remain for a minimum of 12 months, it is not automatically granted once the 12 months comes to an end.

British nationality has a seperate application process that must be followed once eligibility is secured. As with all other visa applications, the necessary supporting documents must be obtained and submitted alongside the application itself. Following these steps is the only way to become a British citizen.

There are certain circumstances under which a person can become settled in the UK without applying for Indefinite Leave to Remain.

For example, refugees who have reached the UK via the Gateway Protection Program are permitted to remain in the UK indefinitely with the same rights as those with Settled Status.

In addition, the children of those with citizenship or residence acquire citizenship automatically, meaning that ILR does not need to be applied for.

However, this is only the case if they were born in the UK and born after at least one parent had ILR or full citizenship.