Indefinite Leave to Remain: Apply from Ireland

Indefinite Leave to Remain requirements and eligibility

As with any other visa, there are several requirements to fulfil to be considered eligible. The most basic one is living in the UK lawfully for 5 years. After a person has been granted ILR, they can apply to be full British citizens after 12 months. There is a long list of requirements to fulfil to be eligible for the UK pre-settled status, including residence, character, language, and more.

Applicants will also need to take a ‘Life in the UK’ test to prove they are eligible, with a few exemptions.

Below is a list of general requirements to keep in mind when applying for Indefinite Leave to Remain:

•  Do not breach a single UK immigration law during your stay in the UK while keeping your criminal record clean.
• A period of time spent outside the UK should not exceed 180 days in 12 months during the time it takes to qualify to apply.
• You must pass your ‘Life in the UK’ test to see how well you understand British culture, traditions, and history.
•  According to the Common European Framework of Languages, you should be able to prove that their English proficiency level is at least B1.

Not everyone has to apply for Indefinite Leave to Remain to get settled status in the UK:

• Child dependents of a British citizen or person with settled status.
• Refugees who have resettled in the UK using the Gateway Protection Program or EU settlement scheme.
• Individuals who are eligible for British citizenship by descent.
• An adult-dependent who is reliant on long-term care of family members who are British citizens living in the UK or with settled status.

Routes that lead to Indefinite Leave to Remain

If you have been living lawfully in the UK under a valid visa, you can apply for ILR after passing the minimum time threshold for the specific visa. The applicants have other things to fulfil when applying for ILR.

Some of the routes can include:

• Innovator visa
• Startup visa
• Skilled worker visa
• Unmarried partner visa
• Spouse visa
• Global talent visa
• Minister of religion visa
• Intra-company transfer visa
• Long residence visa
• Returning resident
• Sportsperson visa
• UK ancestry visa

You can find out about other ways by speaking to an immigration lawyer to get the best advice on which path would work best for you.

Can you apply for Indefinite Leave to remain after 5 years?

Not all visas require you to stay in the UK for five years before applying for ILR. In many cases, a foreign national can apply for ILR after five years of residing lawfully in the UK. Some of the visas that fall under the 5-year waiting time category include spouse visa, unmarried partner visa, family visa, skilled worker visa, long-term work via, and UK ancestry visa.

Under some circumstances, applicants could be eligible for ILR status with less than five years of residence. They include those under the following:

• Investor visa – Those in the UK under this visa can apply after two to three years, depending on how much they invest.
• Innovator visa– Holders of this visa are eligible after three years, depending on how well the business performs.
• Global talent visa– Holders are eligible to apply after three years if the last endorsement was designated under ‘exceptional talent’ or ‘exceptional promise’ criteria, as set out by the UK Research and Innovation fast track requirements.

Commonwealth citizens who have served in the British Armed Forces can apply for ILR after spending the qualifying four-year period in the UK.

In some instances, the waiting period can go over five years. For instance, if someone has been living in the UK under a kind of ‘long residence permission,’ they would have to be in the UK for ten years before they can apply for ILR if they are over 18 and 7 years if they are minors.

Part of the application is dedicated to ensuring that the applicant passes the English language test. Most applicants bring a certificate from an approved test provider.

Some people may not need to go through the test. They include citizens of Commonwealth countries of majority English-speaking countries.

Other exemptions for the English Language test include;

• Applicants aged over 65.
• Degree holders or those with higher qualifications at accredited institutions that teach English.
• Those under humanitarian protection.
• Victims of domestic abuse.
• A partner or spouse of a person who died while a British citizen or with settled status.

The Life in the UK test

To apply for Indefinite Leave to Remain, one must take the Life in the UK test. It is also known as the British citizen’s test. It contains 24 questions the applicant is expected to answer over 45 minutes. The questions are generated randomly on the day of the test.

The applicant has to get at least 75% of the questions right to pass the test.

The test costs £50, with over 30 accredited test centres where the test can be taken. If you fail the test, you can retake it after seven days. The test can be retaken as many times as needed to pass it.

Minors and those aged over 65 will not have to take the test. If someone has written confirmation from a doctor of a long-term physical or mental condition, they are usually not required to take the test.

To be eligible, you must not have spent more than 180 days outside the UK in 12 months. This rule is all kinds of inflexible, but there are some exemptions made in compelling cases.

Such cases include;

• Conflict.
• The applicant falls ill or has a close family member fall ill.
• Natural disaster.
• Skilled Worker visa holders sponsored to work in a PhD level post.
• Work done overseas by certain full-time HM armed force reserve members.
• Global Talent Visa absences.

We advise any applicant to always keep records of where they have been, when, and for how long, as soon as their UK residency is granted.