Indefinite Leave to Remain (ILR)

Are you eligible to apply for Indefinite Leave to Remain in the UK?

Our immigration advisors can assess your situation, guide you through the application process, and support you if your application has been refused.

Indefinite Leave to Remain (also referred to as settlement) is one of the most significant milestones in a person’s immigration journey in the UK. It gives you the right to live and work in the UK without time restriction, removes the need to renew your visa, and opens the door to British citizenship. Getting your application right the first time is key. The Home Office applies strict eligibility criteria, and errors in your application or gaps in your evidence can result in refusal, setting back your plans by months or longer.

We work with ILR applications every day. We know what the Home Office looks for, how to present continuous lawful residence correctly, and how to handle the complexities that arise when someone’s immigration history is not straightforward. If you are ready to apply, or if you are unsure whether you qualify, we can give you a clear, honest assessment.

Immigration Advice Consultants combines expert knowledge of the ILR process with a service built on clarity and precision. Our team comprises experienced immigration advisors regulated by the Immigration Advice Authority who will take the time to understand your immigration history, identify any risks, and prepare an application designed to succeed.

Why choose Immigration Advice Consultants for your ILR application?

Direct access to advisors

When you contact Immigration Advice Consultants about an ILR application, an experienced immigration advisor will answer. We have extensive knowledge of settlement routes, continuous residence requirements, and the evidence standards the Home Office applies. You will not be passed to a junior member of staff or a call handler. You will speak directly with someone who understands your situation and can advise you honestly from the outset.

Rigorous application preparation

ILR applications require a clear, complete picture of your time in the UK. We review your immigration history in full, identify any absences or gaps in leave that could affect your application, and prepare your evidence to address potential concerns before they become problems. Our advisors know how case officers approach ILR decisions, and we prepare applications to withstand scrutiny.

Regulated and accountable

We are regulated by the Immigration Advice Authority. This matters greatly when you are applying for ILR, where a refusal can have serious consequences for your life in the UK. We are not unregulated consultants offering informal guidance. We are professionals bound by a strict code of conduct, with the knowledge and accountability to back it up.

Transparent pricing and agreements

We are clear about costs from the start. There are no hidden charges for standard work, and we do not create unnecessary complications. If your application involves genuine complexity, we will tell you what that means and what it will cost to address it. You will always know where you stand.

We understand what is at stake

ILR is not just a visa. It is the foundation of your long-term future in the UK. We take that seriously. Whether you are applying at the end of a five-year Skilled Worker route or making a long residence application after a decade in the UK, we work hard to secure the outcome you have been working towards.

What is Indefinite Leave to Remain?

Indefinite Leave to Remain is a form of settlement that allows you to live, work, and study in the UK indefinitely without needing to renew your permission to stay. It is not limited to a specific employer, sponsor, or purpose. Once you have ILR, you can take any job, start a business, or change your circumstances without affecting your immigration status.

ILR is recorded as a biometric residence permit or, in some cases, as a stamp in your passport. It remains valid unless you are absent from the UK for more than two years, in which case it may lapse.

ILR and settlement – what is the difference?

The terms ILR and settlement are often used interchangeably and refer to the same status. Settlement means you have been given permanent permission to remain in the UK. ILR is the formal name for that status under the Immigration Rules. Some routes use slightly different terminology – for example, those applying under the EU Settlement Scheme receive Settled Status rather than ILR – but the legal effect is the same.

Who can apply for ILR?

ILR is available through a number of routes. The route that applies to you depends on how you have been living in the UK and what visa category you have held. The main routes to ILR include:

  • Long residence (10 years of lawful continuous residence)
  • Family and partner routes (typically after 5 years)
  • Skilled Worker and other work routes (typically after 5 years)
  • Global Talent and Innovator Founder routes (accelerated route — typically after 3 years)
  • Refugee and humanitarian protection routes
  • Domestic violence or bereavement (for partners)
  • Armed forces and their families

The eligibility requirements differ significantly between routes. It is important to understand which route applies to you and whether you currently meet the criteria before making an application. Some routes offer a faster path to settlement than others: Global Talent and Innovator Founder visa holders can apply for ILR after just three years, rather than the standard five.

ILR through long residence

If you have lived lawfully in the UK for 10 continuous years, you may be eligible to apply for ILR under the long residence route. This route is particularly relevant for people who have held a combination of different visa categories over the years and do not qualify through a single work or family route.

To qualify under long residence, you must show:

  • 10 years of continuous lawful residence in the UK
  • That you have not been absent from the UK for more than 18 months in total during the 10-year period, and no single absence exceeding 6 months
  • That you meet the good character requirement
  • That there is no reason to refuse your application under general grounds for refusal

The 10-year period must be continuous, meaning you must not have had a gap in lawful leave during that time. If there is a gap, for example, if your visa expired before you were granted a new one, this can interrupt the 10-year clock and restart it. We frequently advise people who discover that a historical gap in their leave affects their eligibility under this route, and we can help you understand how to proceed.

ILR through family and partner routes

If you are in the UK as the spouse, civil partner, or unmarried partner of a British citizen or settled person, you may be eligible to apply for ILR after completing the qualifying period on a family visa. The standard qualifying period is five years.

To apply for ILR through a family route, you must normally show:

  • That you have completed the required period of leave as a partner
  • That your relationship is genuine and subsisting
  • That you still meet the financial and accommodation requirements
  • That you have passed the Life in the UK Test
  • That you meet the English language requirement
  • That you meet the good character requirement

Where a relationship has broken down due to domestic violence or the death of a sponsor, there are provisions to apply for ILR outside the usual qualifying period. We can advise you on these provisions if your situation has changed.

ILR through work routes

Skilled Worker ILR

If you have been working in the UK on a Skilled Worker visa (or its predecessor, the Tier 2 General visa), you are normally eligible to apply for ILR after five years of continuous employment with a licensed sponsor. Your employer must have maintained your sponsorship throughout this period, and your role must still meet the skill and salary thresholds in place at the time of your ILR application. You will also need to demonstrate that you meet the continuous residence, Life in the UK Test, English language, and good character requirements.

Other work routes

ILR is also available through a range of other work categories, including the Global Talent, Innovator Founder, Health and Care Worker, Scale-Up, and International Sportsperson routes, each with its own qualifying periods and conditions. If you are unsure which route applies to you, we can review your immigration history and advise you on the correct approach.

The continuous residence requirement

Absences from the UK

Most ILR routes require you to have been continuously resident in the UK throughout your qualifying period. The rules on absences vary by route, but as a general principle:

  • For most work and family routes, you must not have been absent for more than 180 days in any 12-month period during the qualifying period, and
  • For long residence, you must not have accumulated more than 18 months of absences in total and must not have had a single absence exceeding 6 months.

Absences for certain reasons, such as work overseas for a UK employer, or family emergencies, may be treated differently depending on the route. If you have spent significant time outside the UK, we strongly recommend taking advice before you apply, as excess absences can disqualify an application.

Breaks in lawful leave

A break in lawful leave, for example, if your visa expired before you applied for a new one, can interrupt continuous residence for the purpose of ILR. In some circumstances, the Home Office may exercise discretion, but this is not guaranteed. We can review your immigration history and advise you on how any gaps are likely to be treated.

The Life in the UK Test

Most applicants for ILR must pass the Life in the UK Test. This is a 45-minute test covering British history, culture, values, and institutions. You must score at least 75% to pass. The test must be taken in person at an approved test centre.

You may be exempt from the test if you are under 18, aged 65 or over, or have a long-term physical or mental condition that makes it impractical to take the test.

English language requirement

Most ILR applicants must demonstrate English language ability to at least B1 level of the Common European Framework of Reference. You can satisfy this requirement by:

  • Being a national of a majority English-speaking country
  • Having a degree that was taught or researched in English
  • Passing an approved Secure English Language Test (SELT)
  • Having previously satisfied the requirement at a lower level on an earlier visa extension

Exemptions apply for applicants aged 65 or over and those with certain long-term physical or mental conditions.

Good character requirement

The Home Office will consider your character when assessing an ILR application. Factors that may be relevant include:

  • Any criminal convictions in the UK or abroad
  • Civil penalties, such as those for employing illegal workers or for road traffic offences
  • Previous breaches of immigration law, including overstaying or working without permission
  • Deception in a previous application

Having a criminal record does not automatically disqualify you from ILR, but the seriousness and nature of any offending will be considered. If you have any concerns about your good character, we can advise you on how your history is likely to be assessed before you apply.

What documents do you need?

The documents required for an ILR application depend on your route, but most applications will require:

  • Your current and previous passports covering the qualifying period
  • Your current Biometric Residence Permit (BRP)
  • Evidence of your qualifying visa category (payslips, employment documents, family status, etc.)
  • Life in the UK Test pass certificate
  • English language evidence
  • Evidence of any absences from the UK (travel records or employer letters)
  • Documents addressing any specific issues in your application, such as gaps in employment or periods of absence

We will advise you on the precise documents you need once we have reviewed your situation.

How to apply for ILR

Application steps

  1. Check your eligibility. Confirm that you meet the qualifying period and other criteria for your route. Many people believe they are ready to apply for ILR but have not yet passed the continuous residence requirement. If you are unsure, we can check the immigration records to verify your legal position.
  2. Complete the online application form. ILR applications are made online through the UK Visas and Immigration service.
  3. Pay the application fee (see below).
  4. Book a biometrics appointment. You will need to attend in person to provide fingerprints and a photograph.
  5. Upload or submit your supporting documents.
  6. Attend your appointment and await a decision.

How long does the application take?

Most straightforward ILR applications are decided within 6 months under the standard service. Priority services are available if you need a faster decision:

  • Priority service: Decision within 5 working days. An additional fee applies.
  • Super priority service: Decision by the end of the next working day. An additional fee applies.

Priority services are subject to availability.

Fees

As of April 2025, the standard ILR application fee is £3,029 per applicant. There is no Immigration Health Surcharge to pay, as ILR entitles you to full access to NHS services without charge.

What happens after ILR is granted?

Once ILR is granted, you will receive a Biometric Residence Permit confirming your settled status. You are then free to live, work, study, and access public services in the UK without restriction.

It is imperative to understand that you can lose your ILR status. ILR can lapse if you remain outside the UK for a continuous period of more than two years. If you plan to spend significant time abroad, you should seek advice before departing to protect your status. Having held ILR for 12 months, you may be eligible to apply for British citizenship by naturalisation, subject to satisfying the relevant requirements.

What if your ILR application is refused?

A refusal of your ILR application does not end your right to remain in the UK immediately, but it does mean you will need to address the reasons for refusal before reapplying. Common reasons for ILR refusal include:

  • Excess absences from the UK
  • A gap in continuous lawful residence
  • Failure to meet the salary or skill threshold for a work route
  • Concerns about good character
  • Inadequate documentation

A refusal letter will explain which requirement you did not meet. It is important not to reapply without addressing the reasons for refusal. We can review your refusal letter, advise you on the strength of your position, and help you build a stronger application. In some cases, there may be grounds to challenge a refusal through an administrative review if a caseworker error is involved.

Ready to move forward?

If you would like to discuss your eligibility for ILR, your qualifying period, or the documents you will need, please speak to one of our immigration advisors. We offer a no-obligation consultation where we can assess your situation, answer your questions, and explain how we can help.

Contact us today to speak with an immigration advisor. We are here to answer your questions, assess your situation, and offer clear, honest advice on your route to settlement.

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