Eligibility criteria

The eligibility criteria can vary depending on the type of visa you have but generally speaking:

• you need to have spent a minimum period of time continuously resident in the UK;
• you have to meet the English language requirement;
• you have to have passed the Life in the UK test;
• you cannot have any unspent convictions;
• you must not fall under any of the general grounds of refusal; and
• you must not have been in the UK illegally.

You should check the specific eligibility criteria for your visa type before applying.  For example, if you have a Tier 2 General visa or Skilled Worker visa  you need to be paid a minimum salary to be eligible for ILR.  If you have any questions about the eligibility criteria for your specific visa type, we will be happy to help.

To be eligible for ILR you need to demonstrate that you have lived in the UK for a continuous period of time.  This is usually, but not always, 5 years.

To have been ‘continuously resident’ in the UK, you must not have spent more than 180 days outside of the UK in any 12 month period.

If you have spent a lot of time outside of the UK and are worried about whether or not you meet this requirement, please contact us to discuss your specific circumstances.

This depends on the visa category or categories that you have held during these 5 years and whether you meet the other eligibility criteria. Please see which visa types lead to ILR in the above question.

The following visa types allow you to apply for ILR before the usual 5 years:

• Tier 1 (Investor) – you can apply for accelerated ILR within 2 or 3 years depending on the amount of your investment;
• Tier 1 (Exceptional Talent) and Global Talent – some Exceptional Talent or Global Talent visa holders can apply for ILR within 3 years. This depends on:
  • the endorsing body; and
  • whether you were endorsed for exceptional talent or promise;
• Tier 1 (Entrepreneur) – you may be able to apply within 3 years depending on whether you have created a certain amount of jobs or income; and
• Innovator Founder – you can apply within 3 years.

You are required to prove your knowledge of the English language in order to apply for ILR unless an exemption applies. This can be done by:

• providing evidence that you have a degree that has been taught or researched in English (whether in the UK or overseas); or
• by taking an approved Home Office English language test at level B1, B2, C1 or C2.

You do not need to prove your English language abilities if you are:

• under 18 or over 65 years old;
• unable to because of a long term physical or mental condition – instead you need to provide medical evidence; or
• you are from a majority English speaking country – a list of these countries can be found here.

Before you can apply for ILR you must pass the Life in the UK test. The test comprises 24 multiple choice questions on UK history, culture and traditions. The test must be booked through gov.uk and be taken at an approved test centre.  It costs £50.

The ILR application must be submitted online with your supporting documents uploaded electronically.  You will also have to attend a biometric appointment to complete the application.

In general terms, all applicants will need to provide evidence of:

• their English language ability e.g. degree certificate, test pass certificate;
• Life in the UK test pass certificate; and
• current visa type and previous UK visas held.

There may be additional documents that you have to provide with your application which are dictated by your individual circumstances (such as your current visa category, whether you are applying by yourself or with dependants and your nationality etc.).

For example, if you are relying on time spent in the UK under a Tier 2 General visa for your ILR application you will need to provide evidence of your current salary and a letter from your sponsor.  If you are relying on time spent in the UK under a Tier 1 Exceptional Talent or Global Talent visa, you will need to provide evidence that you have earned money in your field of expertise while you have had the visa.

Submitting missing or incorrect supporting documents can result in your application being rejected.  Our expert team have significant expertise in preparing successful applications, for further information contact us.