Who needs to take the test - Indefinite Leave to Remain (ILR)
Applying for settlement or Indefinite Leave to Remain (ILR)? Check here and find out if you need to take the Life in the UK test.The Life in the UK Test is a compulsory requirement for most people wanting to apply for naturalisation as a British citizen or permanent residence - also known as Indefinite Leave to Remain (ILR) or settlement.
This article covers who needs to take the Life in the UK Test when applying for settlement. If you are applying for naturalisation as a British citizen then please see Who needs to take the test - Citizenship.
Indefinite Leave to Remain (ILR)
If you have lived in the United Kingdom legally for a certain length of time - between two and five years, depending on your visa/immigration category - categories that allow an application for permanent residency in the UK include:
- Legal residence - after five years (for example, spent on a Tier 2 visa)
- Highly Skilled Migrant Programme (HSMP) or Work Permit - after five years (or four years if you received your HSMP before 3 April 2006)
- Marriage or partner of a British citizen, or a person settled in the UK - after two years (please note that there are new language requirements for applicants in this category)
- Long residency - after ten years legal residency, or 14 years as a combination of illegal and legal residency
It is worth noting that for spouses, civil partners and unmarried same-sex partners you are given leave to enter the UK for 27 months and should apply after you have completed two years residence. This is different for fiances and proposed civil partners who are given leave to enter the UK for two years and should apply for ILR near the end of this period, before they complete two years residence.
Following the major changes to Tier 1 and Tier 2 of the points based system in April 2011, the UKBA have published an updated list of who needs to take the Life in the UK Test in these tiers. This list can be found at the bottom of our article on the changes to Tier 1 and Tier 2 of the points based system, in our Resources section.
If your application for ILR is successful then you will be allowed to live and work in the country lawfully with no time limits or conditions on your stay. That said, permanent residents should not spend periods of more than two years outside of the UK. Long-term residents should consider the UK their home and spending small periods of time here my lead to ILR being revoked.
Once your application for ILR has been approved you are able to apply for public benefits, subject to eligibility.
For applicants seeking to remain as the spouse or partner of a British citizen, or someone settled in the UK, you must be able to show that you were given permission to enter/remain in the country on a marriage/partner visa and that you have completed the residency requirement. You will also need to be able to provide evidence of your cohabitation and you must intend to continue the marriage.
Exceptions
There are some people do not need to take the test. The UKBA provide detailed guidance on their website as to these exceptions. To summarise the core exceptions, you don’t need to take the test if you are in any of the following circumstances:
- You are under 18 years of age
- You are over 65 years of age
There are also special exemptions for people who are only applying for permanent residence, as opposed to full UK citizenship. These exemptions apply to:
- Foreign and Commonwealth citizens on discharge from HM Forces (including Ghurkhas where the qualifying period has been met)
- Spouses of foreign and Commonwealth citizens on discharge from HM Forces (including Ghurkhas)
- Bereaved spouses, bereaved unmarried partners and bereaved civil partners
- Victims of domestic violence, who have leave to remain as a spouse or partner of a person settled or naturalised in the UK
- Parents, grandparents and other dependent relatives living in exceptionally compassionate circumstances, who are joining a person already present and settled in the UK
- Retired persons of independent means
- Spouses, civil partners, unmarried or same sex partners of British citizens or persons settled in the UK, who are permanent members of HM Diplomatic Service; staff members of the British Council on a tour of duty abroad; and staff members of the Department for International Development
- EEA/EU nationals (see below)
- Turkish business people
- refugees who have spent five years in the UK with permission
- people who have spent six years in the UK under discretionary leave
- people who have spent four years in the UK with exceptional leave to remain
- people who have spent five years in the UK under humanitarian protection.
Note that these exemptions only apply to people seeking settlement. If you wish to subsequently apply for British citizenship then you may need to take the Life in the UK test.
Health
If you have a significant physical or mental health condition you may be exempt. This condition must prevent you from permanently studying for or taking the test, or from studying for an ESOL qualification. Please note that if your condition responds to treatment that you will be expected to take the test.
If you have a visual or hearing impairment then this will not exempt you from the test. Most test centres are well equipped to assist people with such disabilities. Check with your local test centre to see if they can accommodate you. If they can not, then contact the Home Office for guidance on completing your application for settlement or citizenship.
Language requirement
As well as testing your knowledge of life in the UK, the test also demonstrates your English language ability. This means that there are no exceptions made on the grounds that you cannot speak English.
You will not be exempted on the grounds of illiteracy.
If your English language skills are lower than ESOL Entry 3 then you may find the test too difficult. In these cases, you will need to attend combined English language (ESOL) and citizenship classes instead. Most local further education or community colleges run these courses. The ESOL requirements changed in April 2010, however, and you must now demonstrate that you have progressed at least one level to meet the requirement.
Convictions and the character requirement
You must also be free of all unspent convictions at the time you make your application. If you have any judgement pending against you then you should wait before applying.
A conviction is ‘spent’ after a certain period of time has passed. You can get some guidance as to how long convictions take to become spent from the website of Liberty, a human/civil rights charity.
Convictions for serious crimes and longer sentences may never become spent. If you have been sentenced to more than 30 months in prison for a single offence, this can never become spent. Your application for citizenship is therefore unlikely to be successful.
EEA/EU Nationals
If you are a national from a country in the European Economic Area (EEA) or Switzerland you can apply to the Border Agency for confirmation of your permanent residence if you have lived in the UK continuously for five years. You do not have to pass the Life in the UK Test or demonstrate a level of English language. You do, however, have to have been employed, studying or otherwise financially self-sufficient. You should also not have been absent from the UK for more than six months in every year - exceptions are made in the case of compulsory military service, pregnancies, serious illness, vocational training, or posting overseas.






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