What is Indefinite Leave to Remain (ILR)?

Understanding the eligibility criteria is crucial for a smooth transition from a UK Spouse Visa, or any other visa type, to ILR status (and British citizenship via naturalisation if that is your goal).

The eligibility requirements for ILR are as follows:

• Applicants must have lived in the UK legally for a certain period, typically 5 years, although this can vary depending on your visa type. Continuous residence is key, with no absences over 180 days in any 12 month period.
• Proficiency in English is a necessity. Applicants must pass an approved English Language Test at level B1 unless exempt (as they have a degree taught in English, come from a majority English-speaking country, are under 18 or over 65 years of age, etc.).
• Applicants must pass the ‘Life in the UK Test‘, demonstrating an understanding of British traditions, customs, and history.
• Good character is another requirement. This essentially means no serious criminal record and respect for UK laws.
• Financial independence is also essential, thereby satisfying the requirements of Appendix FM if you hold a family visa. You need to demonstrate your ability to support yourself (and any dependents) without access to public funds.
• If applying under a Spouse Visa, your relationship must be genuine and subsist, and you must live together in the UK.
• Finally, you must have held valid leave during your qualifying period to remain in the UK, whether as a spouse, worker, or other visa categories.

In essence, the ILR application evaluates your commitment to the UK. It assesses your integration through language and knowledge of life in the UK, adherence to its laws, and financial independence. Meeting these requirements ensures your ILR application is on the right track to success.

Securing Indefinite Leave to Remain (ILR) in the UK involves meeting several criteria, one of which is the completion of a qualifying period of residence. For many visa categories, this qualifying period is typically five years. 

Under the 5-year rule, you must have lived legally in the UK for a continuous five-year period and spent not more than 180 days outside the UK in any 12 month period during these five years. The specific visa type you hold during this period can impact your eligibility. For instance, the following visa categories have a 5-year ILR qualifying period:

• Spouse Visa 
• Civil Partner Visa
• Unmarried Partner Visa
• Same-sex Partner Visa
• Skilled Worker Visa 
• Sole Representative (UK Expansion Worker) 
• Ancestry Visa 

Note that you cannot combine differing visa categories to satisfy the 5-year qualifying period unless the settlement immigration rules for the current category you hold permit it. 

Additionally, you should not have breached any immigration laws during your stay in the UK. Other key requirements include passing the ‘Life in the UK’ test, demonstrating English language proficiency, and not falling under the ‘Part 9: general grounds for refusal’ due to poor immigration history.

Remember, every application is unique, and the 5-year qualifying period rule may not apply to all applicants. It’s always advisable to check the official UK Government website for the most accurate and up-to-date information.

Securing Indefinite Leave to Remain (ILR) under the 10-Year Long Residence rules is a viable path for individuals who have been lawfully living in the UK for a decade. This continuous residence provision can apply to a combination of different visas, offering flexibility to applicants.

The 10-year-long residence rule stipulates that you must have been living legally and continuously in the UK for ten years, with no single absence from the UK exceeding 180 days in any 12 months. Absences do not break continuity if they amount to less than 548 days (18 months) during the ten years.

Further, you must demonstrate good character with no record of violation of UK immigration laws or general grounds for refusal. Any breach of immigration laws or overstaying periods could adversely affect your application. Passing the Life in the UK test and proving sufficient English language proficiency is also essential (unless exempt).

Securing ILR status under the 10-Year Long Residence rules is a significant journey, but the rewards of ILR, including the freedom to work, study, and access the NHS without restriction, make it a worthwhile endeavor.

The Indefinite Leave to Remain (ILR) application requires certain documents to validate your eligibility. Here’s an overview of the types of evidence needed (note: each visa category has its specific documents required):

• Passport & Travel Documents: You must submit full copies of any passports held by applicants in the past 5 years. Include all expired passports if they document your travel history.
• Biometric Residence Permit: If you have one, you must provide copies of the front and back of your Biometric Residence Permit (BRP) card.
• Evidence of Continuous Residence: Your passport(s) copies prove your continuous residence for non-European applicants, so no further evidence is needed. For European applicants (EU Settled Status), these documents prove your stay in the UK during the qualifying period. This may include bank statements, utility bills, council tax letters, and payslips.
• Proof of English Language Proficiency: You must provide a pass certificate from an approved English language test or an academic qualification taught in English recognised by UK ECCTIS as equivalent to a UK bachelor’s degree or higher. Alternatively, you may be exempt from the requirement (under 18 years old or over 65 years of age, etc.) or from a majority English-speaking country (enabling you to use your passport to satisfy this requirement). 
• Life in the UK Test Pass Certificate: A document confirming you’ve passed the Life in the UK test.
• Proof of Income: If necessary, provide evidence of your ability to support yourself and any dependents without access to public funds. This could include payslips, bank statements, and letters from employers.
• Suitable accommodation: You could submit your current Tenancy Agreement or Land Registry document, Council tax statement, and a recent utility bill. 

Exemptions are provided in special circumstances, like refugees and underage applicants. Each case is unique so the requirements can vary. Remember, the more comprehensive your application, the smoother the ILR application process.

The Knowledge of Language and Life in the UK (KoLL) requirement must be satisfied (unless exempt) to secure your ILR Visa approval. Satisfying this requirement demonstrates that you’ve mastered English and soundly understand life in the UK.

• Passing the Life in the UK Test: This computer-based test comprises 24 questions about traditions, history, and societal norms in the UK. The test is conducted in English and requires a score of 75% to pass. You should prepare using the official “Life in the UK: A Guide for New Residents” handbook.
• Proving English Language Proficiency: The ILR requires a B1 level proficiency in English as per the Common European Framework of Reference for Languages (CEFR). This can be evidenced by an English language qualification at B1 level or above from an approved test provider or a degree taught or researched in English. You can also be exempt from this requirement if you come from a majority English-speaking country.

Further information on both of these requirements is detailed below.

Meeting the KoLL requirement is more than a visa requirement – it’s a gateway to participate in British life fully, equipping you with the language skills and cultural understanding to thrive in your adopted home. Keep abreast of the latest updates from the Home Office to ensure that you’re fulfilling the current requirements. 

Satisfying the English language requirement for securing Indefinite Leave to Remain (ILR) in the UK is a key step in your ILR application journey. Here are the ways to satisfy the ILR English language requirement:

• Approved English Language Test: Pass an English language test at level B1 or above from a Home Office-approved Secure English Language Testing (SELT) provider. The test must cover speaking and listening skills. 
• English-Taught Degree: It can meet the requirement if you’ve earned a degree taught or researched in English. However, the degree must be verified by UK ECCTIS, confirming it’s equivalent to a UK bachelor’s degree or above.
• Nationals from English-speaking countries: Applicants from countries like the USA, Canada, New Zealand, Australia, and others are deemed to meet the English language requirement. You can find further details and a full list of the majority English speaking countries in our knowledge centre article.
• Degree Taught in English in Majority English Speaking Country: A degree taught in English from a university in a majority English-speaking country (excluding Canada) also satisfies the requirement (see the full list of majority English-speaking countries above).

Note that certain people, such as those under 18, over 65, or with a long-term physical or mental condition, may be exempt from the English language requirement. Always consult the latest guidelines from the UK Home Office (UKVI) to stay updated with current requirements and exemptions. 

Passing the Life in the UK test is an important part of your journey to securing Indefinite Leave to Remain (ILR). Here’s how you can achieve this:

• Booking the Test: Book your test online at the official Life in the UK Test website. The test fee is £50. You’ll need an email address, debit or credit card, and an accepted form of ID to book the test.
• Prepare: Study from the official handbook ‘Life in the United Kingdom: A Guide for New Residents’ to cover all the test topics. You can find practice questions online and in books.
• Taking the Test: The test comprises 24 multiple-choice questions about British traditions, customs, law, and history. You’ll have 45 minutes to complete it at a designated test centre. You need to score at least 75% to pass.
• After the Test: If you pass, you’ll get an onscreen pass reference number that must be entered into your ILR application form and included with your ILR application.

Exemptions apply to those under 18, over 65, or individuals with long-term physical or mental conditions. It’s important to note that even if you’re exempt from the English language requirement, you may still need to take the Life in the UK test unless exempt due to age or health conditions. You can find a more comprehensive Life in the UK Test guide in our knowledge centre.

The Indefinite Leave to Remain (ILR) Calculating the Continuous Period Policy Guidance must be understood before applying for ILR. This guidance helps determine whether you have maintained lawful, continuous residence in the UK during your qualifying period for ILR, typically 5 or 10 years.

A key point in the policy is the “180-day rule”. This rule stipulates that during any given 12-month period of your qualifying period, you should not have been outside the UK for more than 180 days in total. Time spent outside the UK can break your continuous residence, potentially affecting your eligibility for ILR.

It’s important to note that the continuous period is typically calculated retrospectively from the date of your ILR application. However, the guidance states the UKVI must use whichever of the following is most beneficial for YOU to calculate the last 5-year qualifying period:

• The date of application.
• 28 days after the date of application.
• The date of decision. 

Any breaks in your leave, such as gaps between visas or periods of overstaying, could disrupt your continuous period and hinder your ILR application.

Furthermore, the policy makes exceptions for certain unavoidable circumstances, such as work assignments abroad, severe illness, or conflict situations, which may not count as breaks in your continuous residence.

As always, check the most recent guidelines on the official UK Government website. Understanding the rules for calculating the continuous period is important to ensure you qualify for ILR when the time comes. Being thorough and meticulous in maintaining your continuous residence will pave the way to securing your ILR successfully.

The application process is fully digital nowadays. You must submit an online application form, pay the government fees, upload all your supporting documents to the UKVCAS website, and attend the nearest biometric centre to take your biometrics. 

The process of applying for ILR is as follows:

• Start by checking your eligibility, which typically requires at least five years of continuous residence in the UK, among other criteria.
• Choose the correct application form based on your visa type. ‘SET(M)’ is for UK Partner Visa holders, ‘SET(LR)’ for 10-year continuous Long Residence, and ‘SET(O)’ for Skilled Worker Visa holders and other categories.
• Prepare your supporting documents, which usually include proof of identity, proof of continuous residence, evidence of passing the ‘Life in the UK’ test, and an English Language test at B1 level (unless exempt).
• Submit your application online. Upload digital copies of all your supporting documents. You’ll also need to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre for biometric information collection.
• Pay the ILR application fee, which is currently £2,885 per applicant for the 6-month Standard Service processing time, or £3,885 per applicant for the Super Priority Service 1-working day decision after the biometric appointment. 
• Attend your biometrics appointment. You’ll have your photograph and fingerprints taken. 
• Wait for your application to be processed. The processing time will be a 1 working day decision with the UKVI’s Super Priority Service or up to 6 months of processing via the Standard Service. 
• Once you receive your decision, if successful, you’ll receive your new ILR biometric residence permit (BRP) ID card at your home address within 10 working days, confirming your status. You should note that all BRP cards will expire on 31st December 2024, and no further BRP cards will be issued after this date. The UKVI is moving to a fully digital e-Visa system, and your immigration status from 1st January 2025 will be shown online instead of via a BRP card. 

Understanding the costs of applying for Indefinite Leave to Remain (ILR) in the UK is crucial to your financial planning. In 2024, the application fees are as follows:

• For the Standard Service, the fee is £2,885 per applicant. This service offers a decision within six months of your biometrics appointment.
• If the Priority Service is available for your ILR application, the cost is £3,385 per applicant. This expedited service reduces the processing time to five working days after your biometrics appointment.
• If you want the fastest possible decision, the Super Priority Service is priced at £3,885 per applicant and offers a decision within one working day after your biometrics appointment.

Remember that these costs do not include other potential expenses such as legal advice, English language tests, the Life in the UK test, or biometrics appointment fees.

Remember, the availability and costs of these services can change, so always verify the latest information on the official UK Government website. 

Investing in the ILR application is essential to making the UK your permanent home. So, despite the significant cost, achieving ILR status is a meaningful milestone in your journey towards settling in the UK. Plan your finances carefully and choose the best service to navigate this crucial transition smoothly.

When applying for Indefinite Leave to Remain (ILR) in the UK, it’s important to understand the processing times to ensure a smooth transition. The Standard Service typically takes up to six months after your biometrics appointment. However, faster options are available if you’re seeking a quicker decision.

If the Priority Service is available for your application, the decision time is usually within five working days after your biometrics appointment. But if you’re in a hurry, the Super Priority Service promises a decision within one working day after your biometrics appointment, although this service comes with an additional fee of £1,000.

Especially if your current visa is nearing its expiration date, I highly recommend considering the Super Priority Service. This faster processing option can help ensure you receive your ILR decision before your visa expires, which is crucial. Remember, if your application is refused and your current visa has expired, you cannot reapply from within the UK.

Please note the availability of the Priority and Super Priority Services can vary, so always check the latest information on the official UK Government website. Despite the additional cost, these expedited services offer peace of mind and help secure your path to making the UK your permanent home.

Indefinite Leave to Remain (ILR) and British Citizenship are substantial steps in the UK immigration journey, yet they differ in rights and privileges. Unravelling these key distinctions aids prospective applicants in their decision-making:

Indefinite Leave to Remain (ILR)

• No Time Limit: ILR holders can stay indefinitely in the UK, but continuous absences of over two years could result in its loss.
• Retain nationality: ILR status does not confer British nationality; you’ll maintain your current nationality and passport.
• Limited Political Rights: ILR holders do not have the right to vote in general elections or stand for public office.
• Access to Benefits: ILR allows access to public funds and social benefits, depending on specific circumstances.

British Citizenship

• Permanent Residency: As a British citizen, you can live, work, or leave the UK without restrictions.
• British passport: Eligibility for a British passport, offering visa-free travel to many countries.
• Full Political Rights: Voting in all elections, holding public office, and even standing for Parliament is possible.
• Unrestricted Access to Benefits: Unrestricted access to public funds and benefits.

Choosing between remaining on ILR for years and obtaining British Citizenship depends on your circumstances and long-term aspirations. Remember, achieving British Citizenship is usually the final goal of many migrants, providing the full privileges of being a UK national. As we always say, the only way to truly secure your future in the UK is to secure British Citizenship via naturalisation.