Indefinite Leave to Remain (ILR)

The Life in the UK test is a mandatory part of the ILR application process for those aged 18-65. Those outside of this age range do not need to take the test.

The test contains 24 questions relating to the history, culture and customs of the UK. It takes 45 minutes, and the questions are generated randomly on the day. You need a score of at least 75% to pass it.

The test has to be booked three days in advance and costs £50. There are over 50 test centres in the UK where you sit the test. You can choose one of the five closest centres to where you are located.

If you fail the test you can re-sit it seven days after the date of your test, and there is no limit to how many times you can re-sit it.

Upon successfully passing the Life in the UK test, you will receive a pass certificate which needs to be included with your ILR application.

When applying for ILR, documents need to be submitted both for yourself and any dependents that are also applying with you.

Original copies are needed, and if this is not possible, you’ll need to explain the reason.

Which document are required when applying for Indefinite Leave to Remain?

• Current passport
• Any old passport you had whilst in the UK
• Any travel documents that relate to time spent outside of the UK
• Financial documents for example, wage slips, bank statements
• Life in the UK Test pass certificate (unless exempt)
• English language proficiency level of B1 pass certificate (unless exempt)
• A police registration certificate if you had to register with the police upon arrival in the UK
• Any relevant birth or adoption certificates
• Immigration history
• Any relevant documentation pertaining to your visa category
• Two identical passport-sized photographs in colour

Under Indefinite Leave to Remain you will be able to work and/or study in the UK without restrictions.

You may also take up self-employed work or work in the voluntary sector. 

You will be able to access free healthcare on the NHS, and benefits if you need to. 

ILR status can be revoked under certain circumstances where you:

• Are away from the UK for longer than two years
• Are liable for deportation but you are not able to be deported for legal reasons
• Were granted ILR as a refugee and you are no longer classed as a refugee
• Are found to have obtained Indefinite Leave to Remain by deception such as false documents, false information, sham relationships, etc.

You are eligible to apply for ILR if you have lived in the UK on a visa that can lead to settlement (as well as fulfilling the other necessary requirements). Once the visa’s minimum time period has elapsed, you can apply for ILR.

Which visa types allow you to apply for Indefinite Leave to Remain?

• Discretionary Leave to Remain
• Entrepreneur Visa
• Family Visa
• Fiancé Visa
• Graduate Entrepreneur Visa
• Innovator Visa
• Investor Visa
• Intra-Company Transfer Visa
• Long Residence
• Minister of Religion Visa
• PBS Dependant Visa
• Retired Person Visa
• Returning Resident
• Skilled Worker Visa (formerly a Tier 2 General work visa)
• Sportsperson Visa
• Spouse Visa
• Start-up Visa
• UK Ancestry Visa
• Unmarried Partner Visa

If you don’t hold a relevant visa, it is also possible to apply for Indefinite Leave to Remain in other ways. Contact us now on 0333 305 9375 if you feel this may apply to your circumstances or to find out more about this option.

Your eligibility for Indefinite Leave to Remain depends on your circumstances. Most overseas individuals can apply for ILR after lawfully living in the UK for five years.

Which visa types require five years of UK residence for ILR?

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

Which visa categories require less than five years of UK residence for ILR?

• Global Talent Visa – eligible after three years. If the last endorsement was granted under ‘exceptional talent’ or ‘exceptional promise’, or under the UK Research and Innovation fast track criteria
• Innovator Visa – eligible after three years. Depending on business achievements
• Tier 1 Entrepreneur Visa – eligible after three years. Depends on business activities (This visa is no longer available.)
• Tier 1 Investor Visa – eligible after two or three years. Depends on business activities

If you have served in the British Armed Forces it is possible to apply for ILR with four years of residence.

A dependent of a British citizen or of an individual with settled status will usually not need to satisfy any time requirements in order to become settled in the UK.

In some circumstances, the time period needed to qualify for ILR will be longer than five years. For example, individuals over the age of 18 on a Long Residence Visa will need to have been resident in the UK for 10 years before applying for Indefinite Leave to Remain. For those under the age of 18, seven years’ UK residency is required.

In most cases, you cannot spend more than 180 days outside of the UK in any 12-month period in order to be eligible to apply for Indefinite Leave to Remain.

If you do break the continuous residency requirements, your ILR status could be revoked.

There are exceptions to this rule where, in certain situations, absence is considered permissible and does not break the continuous period requirement. These are as follows:

• A conflict
• Serious illness of a relative or the applicant
• A natural disaster
• A Skilled Worker Visa holder sponsored to work in a PhD level occupation
• Work carried out overseas by certain HM armed force reserve members
• Some absences by holders of a Global Talent Visa
• Absences of applicants who are assisting with a national or international humanitarian or economic crisis

It is important to keep a detailed record of any absences from the UK in order to definitely prove to the Home Office that you fulfil the eligibility requirements for ILR. Failing to keep a detailed record or providing insufficient evidence may result in your application being rejected.

If you’re concerned about meeting the strict residency requirements for ILR or have any other concerns about your application, Total Law’s expert immigration lawyers can help you navigate the application to help secure an approval. Reach out to us on +44 (0) 333 305 9375 or contact us online for immediate help today.

You will need to show proficiency in the English language to gain permanent residence in the UK. Specifically, you need to prove that you meet level B1 as certified by the Common European Framework of Reference for Languages (CEFR).

You can meet this requirement by providing an English language certificate from a certified test provider, or by demonstrating you qualify for an exemption as detailed below.

There are some applicants who will not need to satisfy the English language criterion. These include citizens of the following countries:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Ireland (for citizenship only)
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

If you are from a country not on this exemption list you’ll need to prove your knowledge of English, even if English is your official language.

Exemptions to the English language requirement apply if you are:

• Aged 65 or over
• Unable to provide a test certificate due to a long-term physical or mental condition. In this case you must submit an exemption form to confirm your physical or mental condition
• The partner or spouse of a person who has died who was a British citizen or settled in the UK
• An adult dependent relative between the ages of 18 and 64 of someone who is settled in the UK, is a refugee or has humanitarian protection
• A refugee living in the UK
• A degree holder or someone who holds a higher-level qualification granted by an accredited educational establishment where the course was taught in English
• A victim of domestic abuse who is the partner or spouse of a British citizen or settled person
• Someone with discretionary leave living in the UK
• Someone under humanitarian protection living in the UK
• A retired person of independent means with permission to reside in the UK
• A Commonwealth citizen on discharge from HM Forces or Gurkhas
• Someone in exceptional circumstances, for example an orphan, widow or over-age dependant

If you are applying for British Citizenship, note that there are no such exemptions, as you need to have a relevant English language qualification, even if you were exempt under ILR.

When you can apply for ILR depends on the type of visa or leave you have in the UK.

For most visas, such as a Spouse visa, Ancestry visa or Skilled Worker visa, you will become eligible for ILR after spending 5 years in the UK with that visa.

Some visas, such as the Global Talent visa, Investor visa or Innovator Founder visa may allow you to apply sooner than 5 years – normally 2-3 years.

If you have a Family visa and your relationship with your spouse or partner has ended due to domestic violence or because your spouse or partner has passed away, you may be able to apply for ILR immediately instead of waiting for the qualifying time period.

There is also the 10 year route to ILR, which allows individuals who have been living legally in the UK for at least 10 years to apply.

You can normally submit your ILR application no sooner than 28 days before your current visa is due to expire.

Applications for ILR must be made online through the gov.uk website.

You must make sure that you are using the right form to apply for ILR on the website as there are different forms for different visas and circumstances.

On the online form, you will have to give your personal details and provide proof of your eligibility for ILR. Your specific eligibility will vary depending on your circumstances.

You will have to attend a biometrics appointment at a visa application center in the UK as part of your application.

You will then submit your application to UKVI and wait for a decision.

Below are the main fees when applying for ILR:

Note that you may also have to pay additional fees when applying, such as if you need to get official documents translated or notarised, or if you have to pay legal fees.

As of 2024, biometric residence permits (BRPs) are no longer issued by UKVI to successful ILR applicants.

Instead, they have now been replaced by eVisas, which are an online record of your immigration status.

The benefits of eVisas are that they can never be lost or tampered with, and can easily be shared with third parties such as employers or landlords in order to quickly prove your immigration status in the UK.

When your application for ILR is approved, you will be given information on how to access your eVisa and how to use share codes so you can prove your immigration status and rights in the UK. You will normally require an active UKVI online account to access your eVisa.

If you still have an old BRP, you should hold onto it as you may still be able to use it to prove some rights in the UK. However, note that you can no longer use it for travel and you should replace it with an eVisa as soon as possible.

Your dependents can usually apply for ILR at the same time as you, if they have been in the UK for the same period of time as you have.

Eligible dependents include the following:

• Partner, spouse, civil partner or unmarried partner (must have been living together for at least two years)
• Children under 18
• Children over 18 who are still financially dependent on the main applicant

Dependents applying for ILR must also pass the Life in the UK Test (if they are aged between 18 and 65) and the financial requirements.

Once you have lived in the UK with ILR for one year, you may become eligible to apply for UK citizenship.

If you are married to a UK citizen, you will not have to wait one year in order to apply for citizenship as long as you have been in the UK for at least 5 years.

Obtaining UK citizenship affords a few more key benefits to the holder over ILR, such as the ability to vote and stand in national elections, the right to hold a British passport and the ability to live outside the UK for long periods of time without losing status.

To be eligible to apply for citizenship, you must have lived in the UK for at least 5 years, be over 18, prove your knowledge of English, be of good character, and intend to continue living in the UK.

Applications for citizenship should be made online through the gov.uk website.

If your application for ILR is refused, you will normally be sent a letter explaining why.

Your application may be refused or rejected for a number of reasons, such as if you didn’t pay the proper fee, if you provided insufficient documentation, or if you were found to be ineligible.

The letter will normally outline next steps for you to help rectify the situation. For example, the Home Office may request more information from you in order to reopen your application.

You may also be eligible for an administrative review or appeal if you believe your application was unfairly rejected.

It’s important to examine the reasons for your refusal carefully, especially if you plan to submit another application. You should ensure that you have fully addressed the reasons for refusal in your second application, or you may risk receiving another refusal.

Our team of experienced immigration lawyers understand the immense importance of securing Indefinite Leave to Remain, and we can guide you every step of the process.

We have a great track record of securing ILR approvals for foreign citizens. Here are some of the services we provide:

• Determining whether you are eligible for ILR
• An in-depth document check to ensure all necessary documents are in place for your ILR application
• Completing your application form to the highest possible standard
• A Letter of Representation to the Home Office outlining the strengths of your case, including drawing attention to relevant immigration laws
• Maintaining regular contact with you throughout the process – via phone, in-person, or online
• Maintaining contact with the Home Office throughout the process on your behalf
• The submission of your application to the Home Office
• Assisting you with preparation for your English language test
• Assisting you with preparation for your Life in the UK Test

If you want to ensure your application is successful the first time, contact our immigration lawyers today on 0333 305 9375 (local rate). We offer advice sessions, and Application and Appeal Packages – all tailored for your individual circumstances.