An applicant approaching settlement may be exempt from the Life in the UK Test on grounds of age or health. The test forms part of the knowledge of language and life in the UK requirement, which applies to most adults who apply for Indefinite Leave to Remain. Where an exemption applies but is not claimed with the right evidence, an applicant can sit a test they did not need, or meet a delay. This post provides an overview of when Indefinite Leave to Remain can be granted without the Life in the UK Test.
Who has to take the Life in the UK Test for ILR?
Most applicants aged 18 to 64 must pass the Life in the UK Test to qualify for Indefinite Leave to Remain. The test is one half of the knowledge of language and life in the UK requirement, often shortened to KoLL, which applies across most adult settlement routes. The other half is the English language requirement.
The test checks knowledge of British traditions, history and everyday life, and it is taken at an approved test centre. The full content and booking process are covered in the Life in the UK Test guide. The way the test applies at both the settlement and citizenship stages is set out in the guide on the Life in the UK Test for ILR and citizenship. For applicants who fall outside the standard age band, or who have a qualifying condition, the requirement can be waived.
Can you get ILR without the Life in the UK Test?
An applicant can be granted Indefinite Leave to Remain without the Life in the UK Test where a defined exemption applies. The exemptions are set out in Home Office guidance and fall into two main groups, age and medical condition. Applicants under 18 are also outside the requirement.
The exemptions are the same in principle across the main settlement routes, although the underlying route conditions still have to be met. The detailed criteria and the evidence each exemption needs are explained in full in the KoLL exemptions guide for Indefinite Leave to Remain. The sections below summarise when each exemption applies.
Are applicants aged 65 or over exempt from the Life in the UK Test?
An applicant who is aged 65 or over on the date of application is exempt from the knowledge of language and life in the UK requirement. The Home Office waives the requirement in these cases, so neither the Life in the UK Test nor the separate English language test has to be taken. The exemption is based on age at the date of application, so the date the application is made matters.
A further allowance applies in the run-up to that age. An applicant aged 60 to 64 can also be exempt. The requirement is normally waived where the applicant would turn 65 before reaching the required standard. This recognises that an applicant close to 65 may not realistically be able to prepare and pass in time.
Is there an exemption for a physical or mental condition?
A discretionary exemption applies where a long-term physical or mental condition makes it unreasonable to expect an applicant to meet the requirement. The exemption is not automatic. The Home Office considers each case on its medical evidence and decides whether a waiver is justified.
An applicant relying on this exemption must provide current medical evidence from a medical practitioner, together with the medical waiver proforma the Home Office publishes for this purpose. The evidence should explain the condition and why it prevents the applicant from meeting the requirement. GOV.UK sets out the criteria in the guidance on the Life in the UK Test exemption for a long-term physical or mental condition. A short-term illness does not meet this test.
Does the English language requirement fall away with the same exemption?
The age and medical exemptions apply to the whole knowledge of language and life in the UK requirement, which includes the English language element. An applicant who is exempt on age or medical grounds does not have to pass the Life in the UK Test or separately prove English at settlement.
This matters because the two elements are sometimes treated as one. The English language requirement and how it is normally met are explained in the guide on the English requirement for citizenship and settlement. Where no exemption applies, both elements must be satisfied before Indefinite Leave to Remain can be granted.
Does an ILR exemption carry over to a citizenship application?
An exemption granted for Indefinite Leave to Remain does not carry over automatically to a later citizenship application. The knowledge of language and life in the UK requirement applies again at the naturalisation stage, and the exemption is decided separately for that application.
An applicant who obtained a medical exemption for settlement must make a fresh exemption request, with current medical evidence, when applying to naturalise. The age exemption works in the same way, assessed by reference to age at the date of the citizenship application. The route from settlement to citizenship is explained in the guide on how to apply for British citizenship after ILR.
Frequently asked questions
An applicant aged 65 or over on the date of application is exempt. An applicant aged 60 to 64 is normally exempt where reaching the required standard would take so long that the applicant would by then be 65 or over. Applicants under 18 are also outside the requirement.
Yes, where a long-term physical or mental condition makes it unreasonable to expect the applicant to meet the requirement. The exemption is discretionary and must be supported by current medical evidence from a medical practitioner, including the Home Office medical waiver proforma. A short-term illness does not qualify.
Not automatically. The requirement applies again when applying to naturalise, and the exemption is assessed separately for that application. A fresh exemption request and, for a medical exemption, fresh medical evidence are needed at the citizenship stage.
No. The knowledge of language and life in the UK requirement applies to applicants aged 18 and over. A child applying for settlement before turning 18 is outside the requirement and does not take the Life in the UK Test.
How Whytecroft Ford can help
The Whytecroft Ford immigration team advises applicants across the settlement and ILR routes, including those relying on an exemption from the Life in the UK Test.
To discuss your settlement application with our team, call 0208 757 5751 or use the contact form.
Sources
- Knowledge of language and life in the UK: caseworker guidance – GOV.UK
- Life in the UK Test exemption: long term physical or mental condition – GOV.UK
- Prove your knowledge of English for citizenship and settling: exemptions – GOV.UK
Written and reviewed by the Whytecroft Ford immigration team. IAA Accredited. All guidance is researched against primary sources, including the Immigration Rules, Home Office caseworker guidance and GOV.UK. Reviewed every six months, or sooner following a rule change.
