ILR Application Requirements
Applicants for Indefinite Leave to Remain must meet several requirements to settle in the UK successfully.
In this blog, we outline the ILR requirements. Our specialist UK Immigration Lawyers can help you with your settlement application.
Call Our Immigration Lawyers in London to Arrange a Consultation.
ILR requirements in the UK
There are five requirements to secure Indefinite Leave to Remain in the UK:
- Must be over 18.
- Meet the residence requirement relevant to their immigration and visa status.
- Have passed the Life in the UK test.
- Unless exempt, have passed the English language test.
- Meet the general settlement criteria.
- Meet any visa-specific criteria.
The residence requirement for ILR
The length of time you must live in the UK before being eligible to apply for settlement varies. Therefore, speaking to an ILR Lawyer about your ILR residence requirement is best.
For most ILR applicants, there is a five-year residence requirement. This means you must have lived in the UK for at least five years before applying to settle. The immigration rules allow you to have spent some time outside the UK during your residence requirement. These are called absence thresholds. You must fall within these thresholds to secure ILR or be able to explain why discretion should be exercised or why your circumstances are exceptional.
The ILR Life in the UK test
Most ILR applicants must sit and pass the Life in the UK test to be eligible to apply to settle in the UK.
You are exempt from sitting the test if you are:
- under 18 or
- Over 65 or
- Have a disability that affects your ability to sit the test.
The test must be undertaken in an approved centre using a computer rather than online at home or work. It is multiple-choice and covers British history, politics, and society.
Tests must be booked in advance, and identification evidence must be provided at the test centre.
If you fail the test, you can retake it as many times as necessary. However, a fee is payable each time you take the test, and your ILR application must be submitted before your visa expires.
The Home Office has produced some guides in its shop to help you pass the test. You can book the Life in the UK test via the Home Office here.
The English language test for ILR
Some ILR applicants will be exempt from sitting an English language test as part of their ILR application. You are exempt from sitting the test if you are exempt on:
- Age grounds if you are under 18 or are 65 or over.
- Nationality grounds if you are from an English language-speaking country on the Home Office list.
- Qualification grounds, as you have a qualification that exempts you.
- Disability grounds if you have a long-term disability, meaning you cannot take the test.
If you must take the Secure English language test, it must be taken at an approved centre. All applicants must pass at B1 level in speaking and listening, as defined by the CEFR framework for Languages.
Evidence of a pass is provided by either showing a valid test certificate or online verification. You must provide evidence if you are exempt from sitting the English language test. For example, a letter from a medical professional if you are exempt on disability grounds or your qualifications if you are exempt on these grounds.
General settlement criteria for ILR
The Home Office has minimum standards or criteria for visa eligibility or settling in the UK. Every visa or settlement application is tested against these criteria.
You may see the general settlement criteria referred to as the good character requirement. Good character is not defined in the immigration rules, but Home Office officials will look at whether:
- You have breached immigration rules.
- You have overstayed on your visa.
- The Home Office found you dishonest on an earlier application.
- You owe the NHS money.
- You owe the Inland Revenue money.
- You have committed a criminal offence.
If you are concerned that you will not meet the good character requirement, consulting with a specialist ILR Lawyer is best. An Immigration Solicitor will advise you on whether the Home Office will likely be persuaded to exercise discretion and grant your settlement application.
Visa-specific criteria for an ILR application
The immigration rules set out the visa-specific criteria for applying for ILR.
Many applicants for ILR have been in the UK on a Skilled Worker Visa. The visa-specific criteria for moving from the Skilled Worker Visa to settlement include:
- You must meet the salary requirement.
- You must have evidence that your job will continue and that it will pay you enough to meet the salary requirement.
The salary requirement for an ILR applicant applying with a Skilled Worker Visa is that you need to be paid at least whichever is the higher of the following:
- £38,700 gross per year or
- The standard going rate for your skilled work.
The government, rather than your employer, sets the standard rate.
The visa-specific financial criteria are different if you are moving from a spouse visa to ILR. The minimum income requirement for a UK spouse visa to qualify for ILR is £29,000 gross annually. Alternatively, you can meet the requirement through:
- Combining sources of income.
- Combining income and cash savings to meet the threshold.
The rules on cash savings and combining sources of income are complex. Spouse Visa to ILR rules also require you to meet an accommodation requirement, although this does not mean you must own or rent your home.
The visa-specific ILR criteria can be highly complicated and challenging to navigate. A specialist ILR Solicitor will help you navigate the rules and explain what evidence you need to provide to secure Indefinite Leave to Remain.
Experienced UK Immigration Lawyer for ILR
If you want to apply for ILR, you need an experienced ILR Solicitor on your side.
OTS Solicitors are:
- Specialist Indefinite Leave to Remain Lawyers
- Recognised for immigration expertise with excellent client reviews.
- Included in the Legal 500 law directory for immigration legal advice.
- Based in central London, advising ILR clients across the UK through phone and online consultations.
- Specialists in ILR application assistance for families.
- Experts in helping with challenging ILR applications.
- Experienced in advising on ILR appeals.
Our team of ILR Lawyers will ensure you get advice tailored to your immigration and visa status because it's crucial to match your situation to the rules to help you secure ILR. Once you have Indefinite Leave to Remain, our London Immigration Solicitors can help you apply for British citizenship.
Speak to our ILR Lawyers in London now.
For expert advice on making an Indefinite Leave to Remain application, call or complete our online form to make an appointment at our offices in London or for a phone or Zoom consultation.
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