Indefinite Leave to Remain

Source: Immigration Rules Part 7; British Nationality Act 1981 (for naturalisation)

Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.

UK National Law

What is this right?

Indefinite Leave to Remain (ILR) is permanent permission to live and work in the UK with no time limit. It is also known as "settlement."

General requirements:

  • Continuous residence: Usually 5 years on a qualifying visa (e.g., Skilled Worker, spouse visa)
  • English language: CEFR B1 level (speaking, listening, reading, writing) — or an exempt qualification
  • Life in the UK test: 24 questions about British history, traditions, and values. Pass mark is 75% (18/24)
  • No serious criminal convictions or immigration breaches
  • Absences: You must not have been outside the UK for more than 180 days in any 12-month period

The application fee is £2,885 (as of 2024). After ILR, you can apply for British citizenship after a further 12 months.

Note: The English requirement rises to B2 level for several visa routes from March 2027. The government's 2025 Immigration White Paper also proposed extending the qualifying period from 5 to 10 years for many routes — a final decision has not yet been announced.

When does it apply?

  • You have held a qualifying visa for the required period (usually 5 years, but 3 years for some routes like spouse visa after the initial period).
  • Refugees can apply for ILR after 5 years of refugee leave.
  • Some routes don't lead to settlement: Visitor visas, Student visas (unless switching to a qualifying route), and short-term work visas.
  • ILR can lapse if you're outside the UK for more than 2 continuous years — you'd need to apply for a Returning Resident visa.

What should you do?

  • Check your eligibility carefully — make sure you've met the continuous residence requirement and haven't been absent too long.
  • Book and pass the Life in the UK test — study the official handbook. Tests cost £50 and can be booked at lifeintheuktestbooking.co.uk.
  • Obtain an English language certificate if needed — IELTS Life Skills B1 is the most common route.
  • Apply online and attend a biometric appointment.
  • After receiving ILR, consider applying for British citizenship — this gives you the right to a UK passport and protection from deportation.

What should you NOT do?

  • Don't let your visa expire before applying for ILR — you must apply while you still have valid leave. Overstaying even by one day can disqualify you.
  • Don't exceed the 180-day absence limit without understanding the consequences — excessive absences are the most common reason for ILR refusals.
  • Don't commit criminal offences — even minor convictions can prevent settlement and lead to deportation proceedings.

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