Indefinite Leave To Remain | Settle in the UK

Settle in the UK with Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is a significant immigration status for overseas nationals wishing to settle permanently in the UK. Typically, an individual must have resided in the UK for at least five years before they can apply for ILR, although certain circumstances allow applications after three or even two years. 

Various visas, such as the Spouse Visa, Innovator Visa, and Skilled Worker Visa, can lead to ILR. Attaining ILR allows one to live in the UK without restrictions and is a vital step towards naturalisation and full British citizenship.

UK Indefinite Leave to Remain Requirements and Eligibility

The specific requirements for ILR depend on the applicant's circumstances, including the type of visa they hold. The fundamental requirement is lawful residence in the UK for a specified period. However, other conditions must be met, including:

  • Lawful residence in the UK for a specific period.
  • No breaches of immigration laws during the stay and no criminal record.
  • Not exceeding 180 days outside the UK in any 12-month period during the qualifying period.
  • Passing the Life in the UK test, which covers British culture, history, and traditions.
  • Demonstrating proficiency in English at the B1 level, as defined by the Common European Framework of Languages.

ILR Exemptions

Certain individuals do not need to apply for ILR to achieve settled status in the UK. These include:

  • Those eligible for British citizenship by descent or other forms of automatic citizenship.
  • Child dependents of a British citizen or person with settled status.
  • Adult dependants reliant on long-term care from a British citizen or person with settled status.
  • Refugees resettled in the UK through the Gateway Protection Programme.

Different Routes to Indefinite Leave to Remain

Various visa types can lead to ILR once the minimum residency period and other requirements are met. These visas include:

  • Spouse Visa
  • Unmarried Partner Visa
  • Family Visa
  • Global Talent Visa
  • Innovator Founder Visa
  • Skilled Worker Visa
  • Sportsperson Visa (T2)
  • Minister of Religion Visa (T2)
  • Senior or Specialist Worker Visa
  • UK Ancestry Visa
  • Retired Person Visa
  • Long residence
  • Returning resident

Furthermore, ILR eligibility can sometimes be achieved through less traditional routes that do not require holding a specific visa.

Applying for UK Indefinite Leave to Remain After Five Years

In most cases, overseas nationals can apply for ILR after five years of lawful residence in the UK. Visas that typically require five years of UK residence include:

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

Certain circumstances allow for ILR eligibility in less than five years. For example:

  • Innovator Founder Visa: Eligible after three years, depending on business achievements.
  • Entrepreneur Visa: Eligible after three years, depending on business activities (note: this visa is no longer in operation).
  • Global Talent Visa: Eligible after three years if the last endorsement was given under "exceptional talent" or "exceptional promise" criteria or under UK Research and Innovation fast-track criteria.
  • Commonwealth Citizens: Those who have served in the British Armed Forces can apply for ILR after a qualifying period of four years.

In some cases, the residency requirement extends beyond five years. For instance, individuals on a Long Residence basis must reside in the UK for ten years if they are over 18, and seven years if they are under 18.

English Language Test Requirements

As part of the ILR application, applicants must prove their English language proficiency at the B1 level in speaking and listening, as defined by the Common European Framework of Reference for Languages.

Most applicants will need a certificate from an approved test provider or be able to show results online. However, exemptions apply to citizens of the Commonwealth or majority English-speaking countries and those aged 65 or over, among others.

The Life in the UK Test

The Life in the UK test is a mandatory component of the ILR application, covering British culture, history, and traditions. The test consists of 24 questions, lasts 45 minutes, and requires a minimum score of 75% to pass. It costs £50 and can be taken at over 30 accredited centres across the UK. Applicants must bring official identification and proof of address on the test day. If failed, the test can be retaken after seven days, with no limit on the number of attempts. Learn more by reading our guide to passing the Life in the UK test in 2025.

Periods of Absence from the UK

To be eligible for ILR, applicants should usually not have spent more than 180 days outside the UK in any 12-month period. Exceptions include absences due to business, conflict, serious illness, natural disasters, or certain work undertaken overseas. Keeping records of all periods spent outside the UK since the start of residency is advisable.

Attaining Indefinite Leave to Remain is a crucial step towards achieving permanent residency and citizenship in the UK. By meeting the residency requirements, passing the necessary tests, and fulfilling other conditions, overseas nationals can enjoy the benefits of settled status in the UK.

Let Us Help You Apply for Indefinite Leave to Remain

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Richard Lee, Property Management

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