Indefinite Leave to Remain

What is indefinite leave to remain?

Indefinite leave to remain, also known as ILR, is a form of settlement in the UK and it can be used to apply for British citizenship. It allows individuals to live and work in the UK without being subject to immigration restrictions. 

Individuals with ILR are able to claim public funds in the UK and are able to leave and re-enter the UK. However, individuals with indefinite leave are not able to vote, nor can they apply for a British passport. ILR can be taken away from an individual if they are absent from the UK for more than two years or if they become subject to deportation.

Indefinite leave to remain eligibility requirements

The specific eligibility requirements for indefinite leave to remain are dependent on individual circumstances, for this reason it is important to speak to an immigration lawyer if you are unsure of whether you can apply for indefinite leave to remain.

However, the general eligibility requirements for ILR are:

• You have lawfully lived in the UK for the required amount of time.
• You have not spent more than 180 days outside of the UK in a 12-month period during the qualifying period.
• You do not have a criminal record and have not breached any immigration regulations.
• You have passed the Life in the UK test.
• You have sufficient knowledge of the English language (B1 level on the CEFR scale). 

Which UK visas can directly lead to indefinite leave to remain?

Not all UK visas are a direct route to indefinite leave to remain, the list below lists just some of the visas which directly lead to indefinite leave to remain (not an exhaustive list).

Please note that they all have a different qualifying period which must be met before you can apply for indefinite leave to remain:

• Skilled Worker Visa

• International Sportsperson Visa

• T2 Minister of Religion or Tier 2 (Minister of Religion)

• Representative of an Overseas Business or Media 

• Scale-Up Worker Visa

• UK Ancestry Visa

• Global Talent Visa

• Innovator Visa

• Domestic Worker Visa in a Private Household Visa

• Hong Kong BNO Visa

• Turkish Worker Visa

• Turkish Businessperson Visa

• Long Residence

The list above only lists some of the routes which can lead to indefinite leave to remain, so if you are unsure as to whether you are eligible for ILR please get in touch.

What is the English requirement for indefinite leave to remain?

To apply for indefinite leave to remain, you are required to prove their knowledge of the English language, which can be done by:

• Holding the nationality of a majority English speaking country;

• Passing an English language test; or

• Having completed an undergraduate or postgraduate level degree which was taught or researched in English.

What counts as majority English speaking country?

If you are a national of one of the following countries then you can meet the ILR English language requirements this way:

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

Passing an approved English language test

You can also satisfy the indefinite leave to remain English language requirements by passing a speaking and listening test to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale. 

Academic Qualifications

Indefinite leave to remain applicants are also able to meet the English language requirement by holding a Bachelor’s, Master’s, or PhD awarded by an educational establishment in the UK. 

If a degree was taught outside the UK but in one of the following countries, the Home Office will also accept it as evidence of meeting the requirement:

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

If the academic qualification was awarded in one of these countries, then a certificate from Ecctis will be required to show that the qualification is similar to a UK Bachelor’s, Master’s or PhD.

For academic qualification gained outside of the UK and the countries listed previously, applicants will need a visa and nationality statement from Ecctis. This will confirm whether the qualification meets or exceeds the standard of a Bachelor’s, Master’s degree or PhD in the UK and to what level of the Common Framework of Reference for Languages it meets. 

Indefinite leave to remain and the Life in the UK test

In order to apply for indefinite leave to remain, the majority of applicants will be required to pass the Life in the UK test. The test is designed to quiz you on the culture, history and laws of the UK.

Not everyone has to sit the Life in the UK test in order to apply for indefinite leave to remain. The following groups of individuals are exempt from sitting the Life in the UK test:

• Those aged under 18 years old.

• Those aged over 65 years old. 

• Those who have passed the test as part of another immigration application. 

• Those who have a long-term mental or physical condition which prevents them from preparing for and passing the test.

The test itself consists of 24 questions and to pass the Life in the UK test, you will have to get at least 18 questions correct (75%). You will have 45 minutes to complete the test.

There are over 30 accredited Life in the UK test centres across the UK where you can take the test. However, when booking the test, you will only be able to select a test centre which is close to them. At the time of booking you will have to pay £50 and this fee must be paid every time the test is booked.

If you pass the test you will receive a unique reference number which you can use to complete your indefinite leave to remain application. If you do not pass the test you will need to retake the test again until you pass it - you must wait at least seven days before taking the test again. As mentioned, if you need to retake the test, you will need to pay the £50 again.

What documents are needed for indefinite leave to remain?

You will be required to provide documentation when applying for indefinite leave to remain. To support your ILR application, you will likely be required to provide the following:

• Passports or travel documents
• Birth and adoption certificates
• Documents which show any absences from the UK
• Police registration certificate (if required)
• Financial information 
• Evidence that you meet the English language requirement
• Evidence that you have passed the Life in the UK test

Indefinite Leave to Remain Application Process

What does continuous residence mean?

Continuous residence refers to living in the UK for an unbroken period of time. Residence is deemed as ‘broken’ when the applicant has been absent from the UK for a period of six months or more. Shorter absences from the UK will not affect your application for indefinite leave providing that the individual has leave to remain and leave to enter upon departure and return.

How long does an indefinite leave to remain application take to process?

The Home Office aims to make a decision within 6-months of submitting an ILR application. As with all UK immigration applications, the processing time is different according to the complexity of the case and whether further checks are required.

How long can I stay in the UK with indefinite leave to remain?

With indefinite leave to remain you are able to stay in the UK for as long as you like. However, if you leave the UK you must return within  two years so as not to lose your Indefinite Leave to Remain status.

Does indefinite leave to remain lead to British citizenship?

Does indefinite leave to remain expire and can I lose my status?

Whilst indefinite leave to remain does not expire, if you are absent from the UK for more than two years then you may have your status revoked. The Home Office also has the ability to take away your indefinite leave to remain status if they believe that you are liable to deportation or that you obtained your status through deception.