Indefinite Leave to Remain (ILR)

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR), also known as “settlement” or “permanent residence,” is an immigration status granted by the UK Home Office that allows a person to live and work in the United Kingdom without any time restrictions. Once you have ILR, you are free to live, work and study in the UK for as long as you like, without needing to extend or renew your immigration status.

ILR holders have access to public funds, can apply for British citizenship and a British passport after 12 months, and are not subject to the strict rules around absences from the UK that temporary visa holders must follow.

There are several routes to obtaining ILR, depending on your initial visa category. Common eligibility paths include:

• Spending five years in the UK on a qualifying visa, such as work visas, spouse visas, or certain investment visas.
• Having settled status under the EU Settlement Scheme (if you were resident in the UK before January 1, 2021).
• Meeting the 10-year long residency requirement in the UK (applications opened in June 2022).

What are the different routes to Indefinite Leave to Remain?

The two main routes to Indefinite Leave to Remain in the UK are:

Accelerated Route to ILR

There are also some “accelerated” routes to Indefinite Leave to Remain that allow applicants to obtain settlement in the UK in less than 5 years:

• Global Talent visa holders can apply for ILR after 3 years
• Innovator Founder visa holders can apply for ILR after 3 years
• Refugee status and Humanitarian Protection holders can apply for ILR after 5 years

What are the requirements for Indefinite Leave to Remain?

The specific requirements for ILR will vary depending on your application route. However, some general requirements often include:

• Fulfilling the financial requirement, proving you can support yourself without relying on public funds.
• Meeting a residency requirement in the UK (typically 5 years).
• Passing a Life in the UK test, demonstrating your knowledge of British life and values.
• Demonstrating sufficient English language proficiency.

What doi I need to know about the English Language test?

A key requirement for Indefinite Leave to Remain is demonstrating English language proficiency at at least a B1 level on the CEFR scale. This means you must be able to understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc.

To prove your English level, you’ll need to take an approved English test like IELTS, Trinity College London, LanguageCert or Pearson PTE. Depending on your circumstances, you may be exempt from this requirement, for example if you’re over 65 or have a physical or mental disability.

What is the Life in the UK test?

In addition to the English requirement, ILR applicants must also pass the Life in the UK test. This is a computer-based multiple-choice test that assesses your knowledge of British customs, culture, history and traditions.

The test consists of 24 questions that you must answer within 45 minutes. To pass, you need to score at least 18 out of 24 correct answers. The test covers a wide range of topics including UK laws, the justice system, everyday life, and British values. acknowledges the vulnerability of stateless people, many of whom face significant barriers to accessing rights and basic services due to their lack of nationality.

What is the residency requirement for ILR (Periods of Absence from the UK – 180 day rule)?

One key requirement for Indefinite Leave to Remain is that you must not have exceeded certain limits on the time you spend outside the UK during your qualifying residence period.

• For the 5 year ILR route, you are permitted to be absent from the UK for a maximum of 180 days in any 12 month period.
• For the 10 year ILR route, the total number of days you can be absent over the 10 years is capped at 540 days

Exceeding these absence limits can result in your ILR application being refused, so it’s very important to carefully track and manage your trips outside the UK during the qualifying period.

English Language Requirement Exemption

While most applicants for British citizenship must demonstrate English language proficiency, there are specific exemptions for certain groups. Applicants aged 65 or older, or those with long-term medical conditions that prevent them from meeting the language requirement, may be eligible for exemptions. Proper documentation, such as medical certificates, must be provided in such cases.

How to Apply for Indefinite Leave to Remain (ILR)?

The first step is determining whether you meet the eligibility criteria depending your ILR route.

Once you have confirmed your eligibility, you will need to complete the online application form. You will be required to submit supporting documents, such as your passport, proof of residence, Life in the UK test certificate, and English language test results (if applicable).

Documents required for Indefinite Leave to Reman (ILR) Application

When applying for Indefinite Leave to Remain in the UK, you will need to provide a comprehensive set of supporting documents, including:

• Current valid passport
• Previous passports/travel documents
• Biometric residence permit (if held)
• Evidence of your qualifying immigration status (e.g. visa documents)
• Proof of your UK residence during the qualifying period (e.g. bank statements, utility bills, council tax documents)
• Tax returns and earnings evidence (if applying under the 5 year route)
• English language test certificate
• Life in the UK test pass certificate
• Tuberculosis test results (if required)
• Marriage/civil partnership certificate (if applying as a spouse)
• Birth/adoption certificates for any children included in the application
• Police registration certificate (if applicable)
• Supplementary evidence to demonstrate your eligibility (e.g. evidence of relationship, financial circumstances, etc.)

The specific documents required will depend on your individual circumstances and the ILR route you are applying under. Our immigration advisors can provide you with a tailored document checklist to ensure you submit a complete application package.

How much does the ILR Application cost?

The current application fees for Indefinite Leave to Remain in the UK are:

• Standard ILR application: £2,885 per applicant
• ILR Priority Service: £500 (in addition to the standard fee)
• ILR Super Priority Service: £1,000 (in addition to the standard fee

In addition to the application fee, you may also need to pay for:

• Immigration Health Surcharge (if applicable)
• English language test
• Life in the UK test

Refer to the UK government website for feeswill be invited to attend a citizenship ceremony, where you will pledge allegiance to the UK and receive your certificate of British citizenship.

Indefinite Leave to Remain for Dependants

If you are granted Indefinite Leave to Remain in the UK, your dependent family members (such as your spouse, civil partner, or children under 18) may also be eligible to apply for ILR. Dependent family members can apply for ILR at the same time as the main applicant, or they can apply separately at a later date. They will also be required to meet the eligibility requirements for ILR including passing the Life in the UK test and meeting the English language requirement.

How can we help you apply for Indefinite Leave to Remain?

At Gateway Immigration Services, our team of OISC-regulated immigration experts are here to guide you through every stage of the Indefinite Leave to Remain application process. We can assess your eligibility, advise on the best route to ILR, ensure you meet all the requirements, prepare a comprehensive application package, and liaise with the Home Office on your behalf. Our goal is to give your ILR application the best possible chance of success. With our support, you can be confident that your Indefinite Leave to Remain application will be handled professionally and efficiently. Contact us today to discuss your situation and find out how we can help you secure your permanent right to live and work in the UK