Indefinite Leave to Remain (ILR) and Citizenship
The RSMP cannot give immigration advice, or offer advice or guidance on questions relating to a specific case or type of immigration status. Any information below should only be used as reference.
If you require advice about your immigration status please speak to an advisor who is registered with the Office for the Immigration Services Commissioner (OISC – Adviser Finder on oisc.gov.uk) or a solicitor (Find a Solicitor on The Law Society webite).
Contents
What is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR), also known as Settlement, is a type of immigration status that normally means there is no longer any time limit on your ability to stay in the United Kingdom. If you have ILR and your home is in the UK, you are considered as settled in the United Kingdom.
There are a number of ways a person can be considered settled in the UK. For example through the EU Settlement Scheme, the Windrush Scheme, or after applying after 5 years on the Hong Kong BN(O) visa. Please consult with an OISC-registered independent immigration adviser, or a solicitor, to understand if and how you can qualify for ILR. There is also further information via Check if you can get indefinite leave to remain on the GOV.UK website.
How to apply for Indefinite Leave to Remain
There are different ways to apply for ILR depending on your current immigration status. Check if you can get indefinite leave to remain on the GOV.UK website.
Residents on the Hong Kong BN(O) visa can apply for ILR after 5 years residence in the UK. You can begin your application on the British National (Overseas) visa: Living permanently in the UK website on GOV.UK.
There is a fee to apply for Indefinite Leave to Remain.
To apply for ILR you must first pass the “Life in the UK Test”. You will have 45 minutes to answer 24 questions about British traditions and customs.
You do not need to take the test if you:
- are under 18
- are 65 or over
- have passed it before – for example, if you’re applying to become a citizen and already passed it as part of your settlement application
- have a long-term physical or mental condition – you must provide either a Life in the UK Test exemption form or letter from a doctor confirming your physical or mental condition. You can find out more information by visiting Knowledge of language and Life in the UK Test exemption: long term physical or mental condition on GOV.UK (www.gov.uk).
You will have to book your test at least 3 days in advance. It currently costs £50 to sit the test. There are over 30 test centres in the UK. You can choose where to take your test when you book. You will have to book your test online, via Book the Life in the UK Test on the GOV.UK website. You will need an email address, a recognised form of ID, and a debit or credit card.
You must score 75% or more to pass the test. You will get a ‘unique reference number’ when you pass. You will need this number to complete your citizenship or settlement application. The Home Office will use it to check that you’ve passed.
If you fail, you must wait 7 days before taking the test again, but you can take the test as many times as you need to. You will need to book and pay again each time.
Rights and entitlements of Settled Status/ILR
Once you receive your Indefinite Leave to Remain you may receive rights and entitlements you did not have beforehand.
You are free to work in the UK in any business, profession or employment, including self-employment. You must comply with the law and any legal or statutory regulations for that business, profession or employment.
You are free to study in the UK.
You may be able to vote in some elections. For more information please see the Types of election, referendums, and who can vote: General election information on the GOV.UK website.
Healthcare should be available for free, more information can be viewed on the NHS entitlements: migrant health guide on the GOV.UK website.
You may be entitled to some benefits.
For more information on your rights and entitlements please visit Indefinite leave to remain in the UK: your rights and status on the GOV.UK website.
Applying for citizenship
After you have received Indefinite Leave to Remain, and have had that status for at least 12 months, you can begin your application for British Citizenship if you want to.
For more information on how to apply, the conditions you must meet to apply and the fees, please see Apply for citizenship if you have indefinite leave to remain or ‘settled status’: Eligibility and fees on the GOV.UK website.