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Navigating the path to Indefinite Leave to Remain (ILR) can be stressful and confusing. The long list of Indefinite Leave to Remain requirements—from residency periods to financial evidence—often leaves applicants feeling unsure about where to begin. One small mistake could delay your dream of settling in the UK permanently.
If you are unaware of ILR requirements and find any difficulty in compiling your documents you can call our seasoned immigration solicitors at 02033844389.
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In order to be eligible to apply for Indefinite Leave to Remain, one must meet several requirements.
The most basic criteria for Indefinite Leave to Remain is a specific length of continuous lawful residence in the UK. The usual waiting period for non-EEA nationals to seek for permanent resident status is five years. However, the requirements for the minimum period required vary depending on the person’s visa and individual circumstances. Prior to applying for ILR, you should have a good understanding of your individual situation in the UK.
A potential applicant must meet several ILR requirements before they can apply for Indefinite Leave to Remain, including the time requirement. Just because you fulfil all of the criteria doesn’t mean you’ll automatically be granted ILR.
Here are the British ILR Requirements:
It is crucial to highlight that if an applicant is discovered to have mislead the Home Office in any application or during their tenure in the UK, they will be ineligible for Indefinite Leave to Remain and may face additional disciplinary action.
You don’t need to have a specific visa to pursue one of the many alternative pathways that lead to Indefinite Leave to Remain status. These paths are determined by an individual’s immigration status and their living conditions.
To qualify for Indefinite Leave to Remain, you must have lived in the UK for a longer duration under some of these pathways than the usual five years.
| Immigration Status | Minimum Time Requirement |
| Turkish worker or businessperson | 5 years |
| Dependant adult or child of someone with settlement status/citizen | No minimum residence |
| Discretionary Leave to Remain | 6 years |
| Returning resident | May not have any requirement if returning to UK within 3 years of departure |
| Commonwealth citizen who has served in British Armed Forces | 4 years |
| Long residence and under 18 | 7 years |
| Long residence and over 18 | 10 years |
| Individuals between 18 and 25 who have lived in UK at least half their life | Up to 22.5 years |
Calculating if you fulfil the minimal duration criteria for Indefinite Leave to Remain (ILR) is a crucial aspect of the ILR application procedure, but it isn’t always as simple as it sounds.
In order to meet the ILR time criteria, applicants must prove that they have lawfully spent time in the UK. Please be aware that your time spent in the Channel Islands or the Isle of Man will not be counted towards your ILR requirements and will not affect your ILR application.
You can start counting the qualifying time period backwards from the date of your application, the date of your Indefinite Leave to Remain status issue, or any date up to 28 days after then.
There are some people who can get settlement status and/or become British citizens without meeting the usual requirements for Indefinite Leave to Remain (ILR), which is a requirement for British citizenship and offers a type of settlement similar to permanent residence.
An example of this would be the possibility of granting settlement status or citizenship to a dependent child of a British citizen or other permanent resident. Additionally, the UK typically does not impose any restrictions on the residence of refugees who have gone through the Gateway Protection Program due to extraordinary circumstances.
In order to be eligible for Indefinite Leave to Remain, you typically need to have spent no more than 180 days outside of the UK in a 12-month period while you were a resident in the UK.
Under most circumstances, your continuous period in the UK will be broken if you have spent more than 180 days outside of the UK in a 12-month period.
The applicant for Indefinite Leave to Remain must have valid reasons to be in the UK, including any periods of absence. One example is that the 180-day limit will be affected by brief trips taken outside of the UK for business.
However, there are some exceptions and things to keep in mind when it comes to the required period of absence.
When someone gets entry clearance and then enters the UK after more than 180 days, that will not be counted as breaking the 180-day limit.
It may not be necessary to explain absences when applying for indefinite leave to remain (ILR) for individuals who are considered innovators under the Innovator visa system or who were awarded a PBS dependent visa prior to January 11, 2018.
Individuals with the following visa or immigration status are exempt from providing an explanation for any absences that do not beyond the 180-day limit:
Unless you belong to one of the aforementioned categories, the Home Office would probably ask for documentation outlining the times you spent outside the UK while you were a UK resident.
This is why, no matter how brief your trip overseas, you should always retain any travel evidence that reflect your time abroad while in the UK.
It will not be considered a broken time for a businessperson if they spend more than 180 days abroad of the UK in a 12-month period on business.
Absences of fewer than twenty-four hours do not constitute a full day spent outside of the UK.
It is highly improbable that an individual’s continued period will be interrupted and their Indefinite Leave to Remain expire if they have spent over 180 days outside of the UK due to a severe mental or physical illness.
Another ILR requirements include English language requirement. To be eligible for Indefinite Leave to Remain in the UK, the majority of applicants must show that their English proficiency meets the Common European Framework of Languages’ requirements for speaking and hearing at the B1 level.
You can take the English language test in many different places throughout the globe, including the UK. You can only take the SELT at a certified testing facility. You must either be able to provide proof of online access to your test results or submit a certified UK test pass certificate from an authorised testing centre with your application unless an exemption applies.
Several people will be excluded from the language exam for Indefinite Leave to Remain. You won’t have to take the test if you’re from a country where English is the main language.
People from these nations are included:
Applicants who have earned a degree or higher in English from an accredited university are exempt from taking the test. Applicants for ILR who are 65 or older, or who have a chronic medical or mental health issue, will also not be required to take the test.
People in the following situations are also exempt:
In addition to the English Language Test (ELT), applicants for Irish permanent residency may also be required to take the Life in the UK exam, which is also called the British Citizenship Test.
There are 24 multiple-choice questions covering topics related to British history, culture, and customs that make up the 45-minute Life in the UK Test. In order to be considered for Indefinite Leave to Remain status, the majority of candidates must pass this test.
If you want to do well on the Life in the UK Test, studying the official Handbook published by the Home Office is my top recommendation.
You may take the test at more than 30 locations around the UK. Unfortunately, there are only five locations from which you can schedule the test. The test must be scheduled at least three days before the scheduled day. You are need to provide proper identification, including a letter verifying your UK address, to your test appointment.
Additionally, you need a score of 75% or above to pass the Life in the UK exam, which costs £50. Bring a valid form of identification, like a passport or driver’s license, to the test.
Moreover, you have seven days from the test date to retake the test if you do not pass the first time. You may take the test as many times as you need to.
The Life in the UK Test will not apply to specific individuals. No one over the age of 65 or less than 18 will be required to take the Life in the UK Test. The same holds true for prospective ILR applicants with long-term mental or physical conditions.
You need to have earned a monthly income that totals at least £36,300 annually for a minimum of 2 out of the 3 years leading up to your application.
Your application for Indefinite Leave to Remain must include a number of documents. The precise paperwork required to apply for Indefinite Leave to Remain will vary from one case to the next.
Remember that your application for an Indefinite Leave to Remain or settlement visa to the UK will almost certainly be denied if you are unable to submit any of the required documents. Your application will not be delayed if you promptly provide any additional documents that may be asked, such as a police registration certificate.
In addition, make sure the papers are in their original format. According to the Home Office, they will understand if you are unable to provide the original papers for reasons beyond your control.
Here are some of the documents you might need to include in your application:
Fill out the application form and send it in to the Home Office once you have gathered the necessary documents.
In order to apply for a UK settlement visa as a parent or spouse of someone who currently has one, you must fill out Form Set (M). Form Set (O) must be filled out for any other Indefinite Leave to Remain application.
Please make sure that every information on the application form is filled out completely and correctly. If an application does not meet the administrative ILR requirements, it will be automatically rejected by the Home Office.
It should be mentioned that there are situations where the Home Office may request an interview after the submission of the application.
For an expert legal review of your application, contact us at 02033844389.
Currently, the apllication fee is £2,885. However, additional expenses must be considered. There is a £50 fee for the Life in the UK exam and about £150 for the English language exam. You must also think about the costs associated with having documents and information translated by experts.
According to the Home Office, a decision will be made on standard applications for Indefinite Leave to Remain within six months of the application being accepted.
You should also note that the processing period for your Biometric Residence Permit should be included to this timeline. If your application is approved, you can expect to get your BRP no later than seven days following the decision-making process.
In order to get a decision or speed up the process more quickly, you have two choices:
Whether you’re in Birmingham, Manchester, or London, our team of immigration attorneys is here to help. Additionally, the office finder can help you locate the branch that is most convenient for you.
Our team of experienced immigration lawyers is here to guide you through every step of the ILR application process. Whether you’re uncertain about your eligibility or need help meeting the requirements, we’ve got you covered.
Here’s how we can assist you:
When you’re ready to apply, we’ll handle everything for you:
Take the stress out of your ILR application—call us at 02033844389 or submit an enquiry online to schedule a consultation with one of our lawyers today!
Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.
Citizenship and ILR are not the same thing. A crucial step towards British citizenship for most people is Indefinite Leave to Remain. Unlike citizenship, which is a permanent status for life, ILR can expire after a specific amount of time away from the UK. As a citizen of the UK, you are free to do everything you want: live, work, study, vote, and own property.
After receiving your ILR status, you have 12 months to apply for British citizenship.
It is possible to lose your ILR status under specific conditions. A few examples are:
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