ILR eligibility without Life in UK test

Short answer: No. You cannot be granted Indefinite Leave to Remain if you have not met the Life in the UK test and the English language requirement, where these apply to your route. Both are mandatory requirements for most ILR applications.

Legal position:

The requirement to pass the Life in the UK test and demonstrate the required level of English language ability is set out in the Immigration Rules, and for most routes these are not discretionary. The Home Office will refuse an ILR application if either requirement is not satisfied at the date of the decision.

The English language requirement for ILR is typically to demonstrate ability at CELT level B1 or above in speaking and listening, though some routes also require reading and writing. The Life in the UK test must be passed before you submit the application.

Practical points:

1. There is no limit on the number of times you can retake the Life in the UK test. You simply need to book another sitting, pass, and then apply. It costs £50 per attempt.

2. The English language requirement can be met in several ways, including passing an approved Secure English Language Test at the right level, holding a degree taught or researched in English, or being a national of a majority English-speaking country.

3. If you submit an ILR application without having met these requirements, it will almost certainly be refused and you will lose the application fee, which is substantial (currently over £2,800 for most routes, plus the Immigration Health Surcharge if applicable). There is no provision for a conditional grant while you complete the requirements.

4. Submitting a premature application and having it refused can also create complications for your immigration history, so it is better to wait until you have everything in place.

Exemptions:

Some applicants are exempt from one or both requirements. The main exemptions include:

1. Applicants aged 65 or over at the date of application (exempt from both the Life in the UK test and the English language requirement in some routes, though this can depend on the specific route).

2. Applicants with a long-term physical or mental condition that prevents them from meeting the requirement. This requires medical evidence and the condition must be permanent or long-term. A specific exemption form and supporting evidence must be provided.

3. Applicants under 18.

4. Some specific routes, such as certain long residence applications or applications under Appendix EU, have different or no knowledge of language and life requirements. It depends entirely on which route you are applying under.

If you think you may qualify for an exemption, you should check the specific requirements for your route carefully before applying.

What to do:

If you have failed either requirement, the sensible course is to prepare properly, retake and pass, and only then submit the ILR application. There is no shortcut around these requirements and applying without them is a waste of money and carries risk.

If you are close to the end of your current leave and worried about timing, you can apply to extend your leave on the same route to give yourself more time, provided you are still eligible to do so. This keeps you lawful in the UK while you work towards meeting the ILR requirements.