Indefinite Leave to Remain (ILR)

You can qualify for ILR through various routes, most commonly where you are in the UK with permission as one of the following:

• A partner
• A family member
• A certain type of worker
• On continuous and long-term lawful residence
• With Ancestry ties.

The dependent child of a British Citizen or a person who is settled in the UK may be given immediate permission to remain indefinitely, and refugees who are resettled in the UK through the Gateway Protection Programme will automatically be granted immediate permission to remain.

To make an application you must already be in the UK and in many cases will need to demonstrate a knowledge of language and life, although certain applicants are exempt from this requirement including children (under 18), parents, grandparents and other dependent relatives of people present and settled in the UK, or those resident in the UK as a refugee.

You will need to demonstrate your knowledge of the English language and UK life by passing the Life in the UK test and meeting the English Language requirements. You will not need to pass the English Language requirements for ILR if you hold a recognised qualification in English, have a degree that was taught or researched in English or you are a national of an English-speaking country.

As part of your application for ILR you will need to enrol your fingerprints and facial image (known as biometric information) and obtain a biometric residence permit. This will confirm your immigration status and entitlements.

If you do not yet qualify for ILR you may be able to extend your existing visa temporarily. This is known as Further Leave to Remain. If you came here as a visitor, in most cases you cannot extend your permission to stay beyond six months, although in limited circumstances you may be able to switch to a different visa category.

You must also apply to extend your stay before your existing permission expires – as an overstayer will risk an order for enforced removal.

Your settled status may be lost if you have lived abroad for a continuous period of two years or more.

Yes, you will need to sit the Life in the UK test as part of your application for citizenship or settlement if you are between the ages of 18 and 65.

The test is a standard exam that is geared to test your knowledge of British traditions, customs. history and culture. To pass the test and make sure you satisfy this section of the eligibility requirements for Indefinite Leave to Remain, you must score 75% or above.

There is a fee to take the test and you must pay the fee for every attempt of the test you make, although you may take it as many times as you need to.

If you would like any further information on how to prepare for the Life in the UK test then contact one of our experienced immigration lawyers who would be happy to help with your application.

No, unfortunately passing the Life in the UK test is not sufficient on its own to qualify for Indefinite Leave to Remain in the UK.

You must also satisfy a number of other requirements including, as of October 2013, passing a speaking and listening qualification in English for Speakers of Other Languages (ESOL qualification).

For full details of the requirements for Indefinite Leave to Remain (ILR), and to ensure your application complies with all requirements, speak to one of our friendly immigration lawyers who would be happy to advise on all aspects of your ILR application.

It is highly likely that any unspent convictions will affect your application for Indefinite Leave to Remain (ILR) under the suitability requirements, although this does depend on the type of conviction and the individual circumstances.

If the conviction is spent then there is still a chance that this could affect your ILR application, again, this will depend on the type of conviction.

We would strongly recommend talking to an immigration specialist about your conviction before putting together your application to ensure you have the best possible chance of success.

Here at IAS we can assist with all applications for Further and Indefinite Leave to Remain in the UK, including appeals in the event of a refusal. As the UK’s leading immigration experts, we have an exceptional track record in Indefinite Leave to Remain (ILR) applications.

Our services include:

• liaising with you in person, via phone or Skype at a time that suits you;
• assessing your eligibility for Indefinite Leave to Remain (ILR);
• checking your documents to ensure that they are sufficient for your application;
• preparing a Letter of Representation to accompany your application;
• liaising with the Home Office during your application process;
• completing your application form to a high standard to ensure there are no mistakes made;
• helping you prepare for the ‘Life in the UK test’;
• helping you meet your English Language requirements.

Please do not hesitate to contact one of our immigration lawyers for more information on applying for ILR.