ILR Requirements

In order for your Indefinite Leave to Remain application to be granted, there are a number of eligibility requirements that must be fulfilled.

It is essential that you fulfil the continuous residency requirement. To do this, you must have been continuously and lawfully present in the UK for a set period of time (this exact time period is relative to the type of visa you hold). In most circumstances it is five years, but not always.

There are also rules regarding periods of absence that must be followed. You must not have spent more than 180 days outside of the UK in any 12 consecutive months during the qualifying period.

The full list of ILR eligibility requirements are as follows:

• You must pass the Life in the UK Test;
• You must demonstrate that you have the required level of English language proficiency;
• You must meet the financial requirements- this involves demonstrating that you can support yourself and any dependants you are bringing to the UK with you. If applying via the Tier 2 route, you must be earning at least £35,000 per year.
• You must not have any previous criminal convictions for immigration offences.

It is vitally important that all of the information you provide to the Home Office is correct. If you have deliberately provided false information, you will no longer be eligible and may receive disciplinary action.

A successful ILR application hinges on having been continuously and lawfully resident in the UK for the required period of time. This period of time is known as the qualifying period.

Different types of visas have different qualifying periods. Most commonly, the Indefinite Leave to Remain qualifying period is five years.

See below for the full list of visa types and their qualifying periods:

• Tier 1 Entrepreneur Visa (now known as the Innovator visa)- three to five years
• Tier 1 Investor Visa– three to five years
• Tier 1 Exceptional Talent Visa- three years
• Tier 1 Innovator Visa– five years
• Tier 2 Visas– five years
• Spouse Visas– five years
• Unmarried Partner Visas– five years
• UK Ancestry Visa- five years
• Tier 2 Dependent Visa– five years
• Retired Person Visa- five years
• Long Residence- ten years

‘Long Residence’ refers to when a person becomes eligible for ILR because they have been legally resident in the UK for ten consecutive years. However, ILR can only be applied for if all of the other eligibility criteria are met.

If the other criteria are not met, you can still apply to stay in the UK for an additional two years.

In order to determine whether or not you meet the continuous residency requirement, you will need to calculate the amount of time you have spent in the UK.

This can be somewhat complex, as you will need to factor in all of the time you have spent outside the country since your leave to remain was first issued.

All of the time you have spent in the UK under an official visa route contributes towards the qualifying time. However, it must be noted that time spent in the Channel Islands or on the Isle of Man does not count towards the requirement.

To calculate whether you meet the requirement, you should count backwards from one of the following:

• The date your ILR status was received;
• The date your application was submitted;
• 28 days after your application was submitted.

Is anyone exempt from the criteria?

There are certain situations in which Indefinite Leave to Remain can be granted even if the residency criteria are not met or the full application is not completed. An example is refugees who have entered the UK via the Gateway Protection Program are granted automatic ILR. So too are dependent children of British citizens.

When you calculate the length of time you have been in the UK in order to establish your ILR eligibility, you must take periods of absence into account.

Any time spent outside of the UK is classed as a ‘period of absence’. This is calculated on an annual basis.

In order to fulfil the residency requirement, you must not spend more than 180 days outside of the country in any 12-month period preceding your ILR application.

If your time spent outside the UK exceeds this limit, the requirement will not be met. In this situation, you will need to wait another year before reapplying and ensure that you meet the requirement.

The time you spend outside of the UK must comply with the conditions of your leave. For example, Tier 2 Visa holders are able to travel abroad for work purposes.

Which documents can be used to prove continuous residence?

There are a number of documents that can be used to demonstrate that you meet the continuous residency requirement. Some of these documents are as follows:

• Bank statements;
• Utility bills;
• Tenancy agreements;
• Mortgage documentation.

In order for ILR to be granted, you will need to demonstrate that you have the necessary level of English language proficiency. You must attain a minimum of level B1 in accordance with the Common European Framework of Languages (CEFR). This must be for both speaking and listening.

The English language exams can be sat in a number of different places around the world. It must be taken with an accredited exam provider and at an approved SELT centre. To prove to the Home Office that you have passed, you should include your pass certificate within the supporting evidence for your ILR application.

Who is exempt from the requirement?

There are certain circumstances under which an applicant will not have to sit the English language test. For example, applicants from countries where English is the official language are exempt from the requirement. They just need to prove that they are from an English-speaking country.

Citizens from the following countries are exempt from the test:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

Those with a degree or higher qualification that was taught in English at a recognised institution are also exempt from the requirement. You will instead need to show evidence of your degree to the Home Office.

The following individuals are also exempt:

• Adult dependants between the ages of 18 and 64 who are living in the UK with settled status;
• Victims of domestic violence whose spouse/partner has British nationality/settled status;
• The partner/spouse of a person who has died who had citizenship/settled status.

The Life in the UK Test is a central element of the ILR application process. For ILR to be granted, you must submit proof that you have passed the test alongside your actual application form. This means you need to take the test before applying.

The test is formed of 24 questions pertaining to the culture, customs and history of the UK. The specific topics covered range from British cuisine to history.

You will have 45 minutes to complete the test. To pass, you will need to score a minimum of 75%- this equates to answering a minimum of 18 questions correctly.

The test must be booked at least three days in advance of it being sat. There are currently 30 test centres in the UK. Booking the test currently costs £50.

Those who are under the age of 18 or over the age of 65 do not need to sit the test. A person may also be exempt if they have a permanent mental or physical disability that affects their ability to complete everyday tasks. If you take the test when applying for ILR, you will not need to re-take it if you go on to apply for British citizenship.

Where can I sit the test?

The Life in the UK Test can currently be sat in any of the following places:

• London
• Cardiff
• Swindon
• Plymouth
• Bristol
• Exeter
• Poole
• Birmingham
• Nottingham
• Preston
• Belfast
• Aberdeen
• Edinburgh
• Glasgow
• Inverness
• Norwich
• Carlisle
• Manchester
• Dungannon
• Derby
• Lincoln

You will receive an email that tells you what time to arrive at the test centre. Failing to arrive at the correct time may result in your test being cancelled. If this happens, you will not receive a refund.

There are currently two types of forms that are used in ILR applications. These are Form Set (M) and Form Set (O).

For Set (M) should be completed by those who are applying as the dependent partner or child of a person who is already settled in the UK.

Form Set (O) should be completed by all other applicants.

As it stands, it costs £2,389 to submit an ILR application. Any dependents applying with you will be required to pay the same fee.

In addition to the cost of the actual application, there are a number of other costs that must be borne in mind. For example, the Life in the UK Test costs £50 and sitting an approved English language test usually costs £150.

To apply and be eligible for ILR, an individual must have held a certain residency duration in the UK to qualify. Typically, visa holders will choose a 5-year visa route in order to naturalise in the UK. To be eligible for Indefinite Leave to Remain, visa holders must have lived in the UK continuously for five years on a valid visa. The following visas are eligible for ILR after five years:

• Visa Tier 1 (Entrepreneur)
• Skilled worker visas
• Minister of religion T2 visas or Tier 2 minister of religion visas
• Sportsperson T2 visas or Tier 2 sportsperson visas
• Unmarried Partner
• Global Talent Visa (in some circumstances)
• Turkish Worker or Businessperson Visa
• Visa for Innovators
• EEA Family Permit
• Visa for Ancestry
• Visa expansion
• Tier 5 visa (International Agreement)
• Visa dependants
• Retired person visa

Some visas, like as the skilled worker and Tier 2 routes, allow you to combine time spent in the UK on multiple visa categories to meet the five-year requirement. Confer with an immigration specialist at IAS to find out more information on this.

It should be noted that if you transferred from another visa, you may be required to give documentation of more than five years of residency.

Those who have lived in the UK for at least ten years in a row may be eligible for the ILR long-residence route. You can apply for the ten-year long-stay visa regardless of the type of visa you have held as long as you have been legally staying in the UK during that time. Discretionary Leave to Remain holders are eligible for ILR after 6 years.

Visa holders involved in particular business investments or philanthropic endeavours are usually on an accelerated route to ILR. These Tier 1 visas are:

• Entrepreneur visa
• Global talent visa
• Investor visa
• Innovator visa
• Exceptional Talent visa

Depending on the type of leave they presently have, ILR applicants may be required to demonstrate that they fulfil the relevant minimum income criterion.

For example, Skilled Worker visa holders seeking indefinite leave to remain in the UK must achieve the minimum salary criteria by earning the greater of:

• £25,600 annually
• £10.10 hourly
• the average wage for the job role

Dependants of the main visa holder (for instance a child, spouse, partner, or adults relying on the main visa holder) are able to gain ILR from residency duration, the same as the main visa holder applying for ILR.

The dependants will have to meet the same requirements as the main applicant, such as the language requirement if applicable, meet the financial requirement if applicable, pass the Life in the UK test if applicable, as well as maintaining the continuous residence period needed to apply for ILR (typically 5 years).

It is advised dependants apply for ILR at the same time as the main applicant. If a dependant is refused ILR, there may be other ways for them to gain it through other visa routes providing they can prove their residence in the UK for five consecutive years.

• If you believe UKVI erred in rejecting your application, you may seek judicial review.
• You may appeal the decision if you were able to demonstrate that your application for indefinite leave to remain was based on grounds protected by human rights.
• To challenge the legality of the refusal, an administrative review is required.

For guidance with appealing a refusal or applying for a judicial review, seek advice with Birmingham Immigration Lawyers today on 0121 667 6530