Indefinite Leave to Remain (ILR)

The specific requirements differ depending on the particular circumstances of the applicant, including the type of visa they hold.

The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.

The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:

• Lawful living in the UK for a certain period of time.
• No breach of immigration laws during your stay in the UK and no criminal record
• A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
• A pass in the Life in the UK test, which is a test based on British culture, history and traditions
• Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages.

ILR exemptions

Certain individuals will not need to apply for Indefinite Leave to Remain to be granted with settled UK status, including:

• Those eligible for British citizenship by descent (or other form of automatic citizenship)
• Child dependents of a British citizen or person with settled status.
• An adult dependent who is reliant on the long-term care of their family member who is a British citizen or person with settled status.
• Refugees resettled in the UK through the Gateway Protection Program

If you have been lawfully living in the UK under a form of settlement visa UK you will be able to apply for ILR once you have passed the minimum time threshold for that particular visa. An applicant will also need to fulfil other stipulated requirements.

Visas/routes which can lead to Indefinite Leave to Remain status include:

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Global Talent Visa
• Investor Visa (Tier 1)
• Innovator Visa
• Start-Up Visa
• Skilled Worker Visa
• Sportsperson Visa (T2)
• Minister of Religion Visa (T2)
• Intra-Company Transfer Visa
• UK Ancestry Visa
• Retired Person Visa
• Long residence
• Returning resident

It is also possible for someone to become eligible for ILR through a less traditional route which doesn’t require holding a specific visa.

The amount of time you must have spent in the UK before you are eligible to apply for Indefinite Leave to Remain depends on your particular circumstances. In most cases, an overseas national can apply for ILR after five years of lawful residence in the UK.

Some of the visas which require five years of UK residence include:

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Long-term Work Visas
• Skilled Worker Visa
• UK Ancestry Visa

Under certain circumstances you could be eligible for ILR status with less than five years of residence in the UK, including those residing in the UK under:

• Innovator Visa. Eligible after three years, depending on business achievements
• Entrepreneur Visa. Eligible after three years, depending on business activities. ( Please note that this visa is no longer in operation)
• Global Talent Visa. Eligible after three years if last endorsement was given under “exceptional talent” or “exceptional promise” criteria or under UK Research and Innovation fast track criteria
• Investor Visa (Tier 1). Eligible after two or three years depending on business activities

Also, a Commonwealth citizen who has served in the British Armed Forces can apply for ILR after a qualifying period of four years in the UK.

In some cases, the minimum time requirement will be longer than five years. If someone has been living in the UK under a form of Long Residence, they will need to have spent 10 years in the UK before applying for ILR if they are over 18, and 7 years if they are under 18.

As part of the Indefinite Leave to Remain application, you must be able to prove that you meet the English language requirement of B1 in speaking and listening as specified by the Common European Framework of Reference for Languages.

Most applicants will need to hold a certificate from an approved test provider to include in their Indefinite Leave to Remain application or, alternatively, be able to show the results online.

However, some people will not need to fulfil this requirement. For example, citizens of Commonwealth countries or majority English-speaking countries will usually be exempt.

This includes, but is not limited to, citizens of the following countries:

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

Also, the following applicants will be exempt from the English language requirement:

• Those aged 65 or over
• Holders of a degree or higher qualification at an accredited educational establishment which was taught in English
• Those under humanitarian protection
• Victims of domestic abuse
• A partner or spouse of a person who has died who was a British citizen or person with settled status

As part of your application for ILR, you will need to include a number of supporting documents. This applies to both yourself, and any dependants who are applying with you.

It is important to note that the documents which you provide must be the original issues. If you cannot provide the original documents, you will need to explain why. If exceptional circumstances mean you cannot access the original documents, the Home Office will give some leniency.

Ordinarily, you will need to provide the following documents and information:

• Passport and travel documents, including any old passport which was valid during your time in the UK
• Birth or adoption certificates
• Documents which account for any time spent outside of the UK during your residency, for example travel documents
• A police registration certificate if you were required to register with the police when you arrived in the UK
• A history of your immigration
• Financial information, such as bank statements
• Pass certificate of Life in the UK test
• Pass certificate (if not exempt) to prove B1 level of English
• Two identical passport-sized photographs

A refused application can be very distressing news. Firstly, it is important to understand why your application was rejected. The reasons for the refusal will be explained in the rejection letter.

If there was an obvious mistake made on the application, the best option is to resubmit the application with the mistakes rectified.

However, if you believe that your application was unfairly rejected, you can choose to challenge the decision of the Home Office.

If you think a genuine mistake was made on your application, such as a key piece of evidence not being taken into account, the best option is to choose an administrative review. With this option, your application will be reconsidered by a different immigration official.

In certain cases, you might be able to lodge an official legal appeal against the Home Office’s decision. Your refusal letter will indicate whether this is an option for you.

If you decide to challenge the Home Office’s decision, the IAS can support you through the entire process with our appeal package. Call us now on 0333 305 9375 to find out more.

Alternatively, you can contact the Home Office directly if you wish.

Indefinite Leave to Remain is a major step towards becoming a British citizen. However, you will not automatically become a British citizen after you have spent a certain period of time living under ILR status.

After you have lived in the UK for twelve months under ILR, you will be able to apply for British citizenship, provided your circumstances haven’t changed significantly. If you want to become a full British citizen, you must complete an application for British citizenship by naturalisation and submit it to the Home Office.

As a British citizen, you will be able to apply for a British passport and enjoy the full benefits of citizenship.