UK Residency Routes For Canadians

Canadians are not required to demonstrate their English language proficiency, whereas other foreign nationals do.

Canadians do, however, need to take the Life in the UK test. This test is to determine if the applicant possesses sufficient knowledge of what life in the UK is like. The test is mandatory, 45-minutes, and includes 24 questions that test your knowledge of British nationality, national traditions, and customs.

To pass, applicants must score 75% or more. If you fail, you have to wait 7 days before taking the test again, but you can take the test as many times as you need to and you will need to book and pay again each time.

There are more than 30 centres that can administer the test across the UK. Applicants are required to book their Life in the UK Test online, a minimum of 3 days in advance. The test costs £50.

You are not required to take the Live in the UK if you are under the age of 18, or 65 years or older or if you have passed the Life in the UK test before, or if you have a long-term physical or mental condition.

Refugees, humanitarian protection, or people who hold Discretionary Leave can get permanent resident status. In addition, people returning to the United Kingdom after already holding Indefinite Leave to Remain status and people who have served in the armed forces can also obtain permanent residence.

Furthermore, if you have lived in the UK for the qualifying period of 10 years, of continuous and legal stay, you can apply for ILR.

Note that the time spent in the United Kingdom on visas such as the Youth Mobility Visa through the Youth Mobility Scheme, and Student Visa time does not normally count towards the time needed for becoming a permanent resident. Reach out to Tota Law for more advice on other visa options.

For the most part, applications for ILR are done online, from inside of the United Kingdom. The correct application form will depend on which immigration category you are applying to, based on your visa.

The most common form of online application are:

• Apply to Settle in the UK including work-based categories, known as SET O application
• Apply for ILR based on Long Residence in the UK, known as SET LR
• Apply to settle as the partner or parent of a settled person, known as SET M.

Applications for ILR normally need to be completed online via the gov.uk website. You will also have to upload your supporting documents and pay the relevant fees through the website.

Canadian applicants need to provide a significant amount of documents, which vary depending on the visa type. You may be asked to provide documents including:

• A valid passport
• Birth certificate
• Provide proof of any absences including holidays that you left the UK
• Payslips from your employer to prove you meet the minimum income requirements
• Certificate from the Life in the UK test
• Biometric details
• Work permit

Some of the reasons applicants are denied for Indefinite Leave to Remain may include:

• Wrong or insufficient documentation
• Wrong or incomplete application forms
• Failure to provide additional documents or information within a specified period

If the ILR application is refused, you can resubmit your ILR application, appeal the decision, or lodge an administrative review and/or judicial review. Reach out to Total Law for the next steps if you have had your visa application rejected.

The fee for indefinite leave to remain when applying in the UK is £2,885, but please note that this fee is not inclusive of the mandatory £19.20 biometric fees.

You can opt for super-priority processing for an additional £800 ( takes 24 hours) and priority processing (takes 5-day processing) for £500 (only when eligible). Note this only speeds up the processing of your application; it does not mean the visa will be approved.