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ILR (Indefinite Leave to Remain) Requirements for 2026

It’s essential to understand the Indefinite Leave to Remain requirements before applying. Our immigration advisers in Manchester have a high success rate of taking applicants through the process to successful granting of ILR.

Contact us on 0161 826 9783 to find out more about Indefinite Leave to Remain requirements and if you are eligible to apply. We’re available in-person, on the phone or online.

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    What are the requirements for ILR application in UK?

    Indefinite leave to remain (ILR) is an important step for those wishing to make the UK their permanent home. This is because it’s the first step towards naturalization and becoming a British Citizen.

    Being granted Indefinite Leave to Remain means that you can live in the UK without restrictions.

    The process of applying for indefinite leave to remain can be confusing, so it’s important to fully understand the Indefinite Leave to Remain requirements that apply to you, before making your application.

    The first requirement to qualify for indefinite leave to remain is to have been living lawfully in the UK for a certain period of time under a category that leads to settlement. The length of time depends on the particular circumstances of the applicant and the type of visa they hold.

    Additionally, you must not have spent more than 180 days outside the UK in any 12-month period during the qualifying period.

    Our immigration lawyers in Manchester can offer you expert advice and services to help with navigate which Indefinite Leave to Remain requirements apply to your situation. Contact us on 0161 826 9783 For more information.

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    Which visas can lead to ILR in the UK?

    The Indefinite Leave to Remain requirements allow you to apply for ILR under the following visas:

    • UK Ancestral Visa
    • Marriage to a British Citizen under a Spouse Visa
    • Marriage to an EU National – completing five years as the spouse of an EU national. Under the EEA routes, applicants are taken to have obtained Permanent Residence, which is tantamount to having received Indefinite Leave to Remain.
    • Innovator Founder visa
    • Global Talent visa
    • Scale-up Work visa
    • Skilled Worker visa
    • Long residence stays

    There are certain categories that unfortunately do not lead to Indefinite Leave to Remain. These include Tier 2 Intra-Company Transfer (replaced with Senior or Specialist Worker visa), Tier 4 Student and Tier 5 Temporary Work visa categories.

    How soon can I apply for ILR (Indefinite Leave to Remain) in UK?

    The Indefinite Leave to remain requirements stipulate different qualifying periods for different visas, including:

    • Spouse or civil partner of a British Citizen or person settled in the UK – 5 to 10 years
    • Unmarried partner – after 5 years
    • EEA family permit – after 5 years
    • UK ancestry visa – after 5 years
    • Marriage to an EU National – completing five years as the spouse of an EU national. Under the EEA routes, applicants are taken to have obtained Permanent Residence, which is tantamount to having received Indefinite Leave to Remain.
    • Innovator Founder visa – after 3 years
    • Tier 1 Exceptional Talent – applicants endorsed under exceptional promise criteria will qualify after 5 years. Applicants endorsed under exceptional talent criteria will qualify after 3 years.
    • Global Talent visa – after 3 years
    • Tier 2 / Skilled Worker visa – completing 5 years in this immigration route and able to fulfill the minimum income threshold criteria.
    • Long residence stays – if you have been in the UK legally for 10 continuous years.

    See if you qualify for ILR by contacting our immigration lawyers today. Learn more

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      Documents Required for ILR Application

      To show that you meet the requirements for ILR, you will need to show a range of documentation. The standard requirements are as follows:

      • A current password or identity document proving who you are and your nationality.
      • A biometric residence permit (BRP) in the UK or an eVisa to prove your immigration status in the UK.
      • All of your passports that you have had while in the UK.
      • Proof that you have passed the Life in the UK test (for applicants aged 18 to 65 years old).
      • Two passport-size photographs.
      • Details and evidence of the time that you have spent in the UK, such as tenancy agreements.
      • Birth certificates for any children applying with you.
      • A doctor’s letter on any long-term health issues.
      • Evidence of living together if applying with a partner.
      • Proof that you meet financial requirements, such as bank statements.
      • A police registration certificate is required if you have been asked to register with law enforcement.

      All of these documents will need to be translated into English or Welsh to be considered permissible. You can submit these documents as originals in person or provide digital scans of the originals if you are applying online.

      Financial Requirements for ILR

      ILR financial requirements will differ based on the visa that you were on while completing the continuous residency period in the UK. The income required will also depend on when you first applied for your visa, any children or dependents who will also have ILR, and any other circumstances.

      Your income will usually need to continue to meet the requirements for the visa you were on during your continuous residency period. A further income requirement will often exist if you have children with you who are applying for ILR, or are in the UK as dependents on your visa. Usually, a certain value of additional required income will exist for the first child, and this will decline for every child after that.

      At times, pathways to ILR can have vague financial requirements. Individuals on the two-year route will need to demonstrate that they have sufficient funds to support themselves and any dependents without requiring public assistance. The ten-year route to ILR does not have any financial requirements.

      Life in the UK Test Requirements for ILR

      The Indefinite Leave to Remain requirements include successfully passing the ‘Life in the UK’ test. This test is sometimes referred to as the British Citizenship test.

      The life in the UK test consists of 24 questions on the topic of UK traditions, values, British history and way of life.

      The test can be taken online at over 30 test centres in the UK.

      You will have 45 minutes to sit the test and to pass you must score at least 75%.

      It costs £50 to sit the Life in the UK test and you must book online in at least 3 days advance.

      If you are under 18 or over the age of 65 then you will not have to sit a Life in the UK Test to apply for ILR.

      If you fail the test you may resit as many times as needed, upon payment of the fee.

      Knowledge of English Requirement for ILR

      One of the Indefinite Leave to Remain requirements is that you must prove your knowledge of the English language.

      You can do this in one of two ways:

      • Sit an English language test at a registered test provider at a level of B1 in speaking and listening
      • Show proof that you have a degree that was taught in English

      If you are from a majority speaking English country then you will be exempt from proving your knowledge of the English language.

      This includes, but is not limited to, citizens of the following countries:

      • Antigua and Barbuda
      • Australia
      • The Bahamas
      • Barbados
      • Belize
      • Canada
      • Dominica
      • Grenada
      • Guyana
      • Jamaica
      • Ireland (for citizenship only)
      • Malta
      • New Zealand
      • St Kitts and Nevis
      • St Lucia
      • St Vincent and the Grenadines
      • Trinidad and Tobago
      • USA

      Refugees, those under humanitarian protection and people over 65-years-old are exempt from having to fulfil the English language requirement when they apply for ILR.

      Continuous residence in the UK requirement for ILR

      One of the main Indefinite Leave to Remain requirements is to have been a continuous resident of the UK for a specified period of time. The length of time varies depending on which visa you are applying with.

      This requirement is also known as the qualifying period. During this time there is a period of absence from the UK that is allowed. Usually this is a maximum of 180 days in a year.

      In some cases, you may be able to get indefinite leave to remain regardless of your continuous residence in the UK.

      You can get an exception from having a long period of absence and still be granted indefinite leave to remain if you can prove that there was a serious or compelling reason for this.

      The commonly recognized cases of such reasons are:

      • Serious illness
      • Birth/death of a close relative
      • Conflict
      • Natural disaster

      You must be able to prove you reason, you can do so with the following documents:

      • Medical certificates
      • Birth/death certificate
      • Proof of postponement of travel ticket arrangements due to natural disaster

      Good Character Requirement for ILR

      The phrase “good character” was implanted into the UK’s immigration system with the British Nationality Act 1981, which added this requirement to citizenship applications. “Good character” is not an exact term used for ILR, but the idea that only those who follow the rules should be able to access citizenship has been extrapolated onto ILR and many other visas.

      To determine if someone is of “good character”, the Home Office typically considers criminality, immigration compliance, public conduct, and financial responsibility. As a result, you must disclose all spent and unspent convictions in your ILR application. Previous serious criminal convictions could disqualify you from ILR.

      Not everyone with a criminal record will be automatically ineligible for ILR. Whether you are disqualified will depend on your circumstances, the severity of the offence, and how long ago it was.

      Criminal records and breaches of immigration law

      As well as the other requirements, the Home Office will also take any history of criminality into consideration when looking at your indefinite leave to remain application.

      If you have had a prison sentence of over 4 years then you application will be refused.

      Any sentence of more than 12 months but under 4 years will also mean that you application for indefinite leave to remain will be denied, unless 15 years have passed since the sentence.

      Any offence you are convicted on within 24 months prior to you application will also lead to a refusal.

      If your records show any previous issues with you immigration status then this could also lead to your application being denied.

       

      Need help with ILR requirements or documentation? Speak to one of our immigration experts. Learn more

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        ILR Requirements for Spouse Visa

        If you hold a spouse visa, then additional Indefinite Leave to Remain requirements must be met.

        You must be able to prove that you are still in a relationship.

        Additionally, you must meet the financial requirements for ILR under a Spouse Visa.

        The level of finances you must be able to prove will depend on what the requirements are when you first applied for your visa. If you first applied for your family visa on or after 11 April 2024, you and your partner will need to prove you have a combined annual income of at least £29,000.

        You can meet the ILR financial requirements using:

        • Income from salaried or non-salaried employment of you or your partner
        • Income from self-employment, or income as a director or employee of a specified limited company in the UK from you or your partner
        • Cash savings of at least £1,270 held for at least six months, in any currency, by you or your partner

        Income-related benefits cannot be counted towards the financial requirement.

        It is possible to combine some of the sources of income, but not all.  For instance, self-employment cannot be combined with cash savings.

        Applying for ILR through a Spouse Visa? Our immigration advisers specialize in securing approvals for family visas. Contact us today for personalized assistance.

        Requirements for ILR as a refugee

        If you are a refugee or have been living in the UK under humanitarian protection for at least 5 years then you can apply to become settled in the UK.

        The Indefinite Leave to Remain requirements for refugees or those under humanitarian protection also differ.

        Those who are granted refugee status or humanitarian protection are usually granted leave to remain for 5 years in the UK. Once those 5 years are about to expire they must apply for ILR if they wish to stay in the UK.

        Refugees can’t apply for ILR from outside of the UK. They should apply online whilst they are in the UK.

        To be granted ILR as a refugee then a safe return review is required. The Home Office will review the individual’s home country situation at the time of the application to consider whether they still need protection.

        To prove they are eligible, refugees have to have a residence card that proves their continued residence in the UK and will also need to show that they don’t have any criminal history.

        Once a refugee has fulfilled this requirement they are usually granted settled status.

        Refugees are not required to take an English test or the Life in the UK test.

        How We Can Help

        Manchester Immigration Lawyers has helped many individuals and families achieve their ILR dreams in the UK. We can help you to understand if you have met the continuous residency requirements and if you are earning enough to be eligible for resident status. This help is essential as it can be challenging to understand which periods of your life in the UK will be eligible for your continuous residency period.

        Once we have confirmed that you can apply for ILR, you will need to pull an enormous amount of documentation together to show that you meet the eligibility requirements. We can help you understand what documents will be required and identify any cases where a particular piece of documentation may be ineligible. We wil then help you to make sure that everything is correctly uploaded to the UK government system to give you the highest possible chance of a successful application.

        We are immigration specialists that care about your personal circumstances and immigration needs. Contact Us

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          Legal Disclaimer

          The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Manchester Immigration Lawyers before making any decisions based on the content provided.

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                    Related pages for your continued reading.

                    Frequently Asked Questions

                    The 7-year child residence route is a pathway to settlement in which a child born in the UK, having lived there continuously for 7 years, becomes eligible for Indefinite Leave to Remain (ILR) upon completing the full 7-year period of residence.

                    The absence rule for ILR applications is that any 12-month period during which you spend more than 180 days outside of the UK will not be counted towards the qualifying residence period. ‘Excessive absence’ will lead to the clock being reset on your residence period. Only full days outside of the UK count towards absence, with part-day absences remaining in your continuous residency. This absence period also counts for any dependents who have joined you in the UK and will also be applying for ILR.

                    It is also important to remember that absence from the UK while you have ILR could put your status at risk. After being absent from the UK for two years or more, your ILR will usually no longer be valid. You must apply for a Resident Return visa to have your ILR reinstated.

                    Houri Zahedi is a highly respected immigration lawyer with more than 25 years of experience in immigration and asylum law. She specialises in complex cases and is recognised for her strategic and creative approach to achieving successful outcomes.

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