Indefinite Leave to Remain (ILR), also known as settlement, allows you to live, work, and study in the UK without immigration restrictions. It is the key step before applying for British citizenship. We will discuss eligibility routes, the requirements, the application process, recent policy updates, and answers to common questions about ILR.
What Is Indefinite Leave to Remain?
- ILR is a form of permanent residence that:
- Removes visa restrictions – no more renewals or time limits.
- Allows free access to work, study, and public services.
- Enables you to sponsor family members more easily.
- Is a mandatory step before naturalisation as a British citizen.
- Can be lost if you leave the UK for more than 2 years continuously.
Who Can Apply for ILR?
- Work & Skilled Routes
- Skilled Worker Visa: Eligible after 5 years of continuous lawful residence.
- Global Talent Visa: Eligible after 3 or 5 years, depending on endorsement.
- Innovator Founder: Eligible after 3 years (if certain business success criteria are met).
- Family Routes
- Spouse/Partner/Fiancé(e) visas: Eligible after 5 years on the family route (10 years if you applied under the 10-year route due to not meeting financial/English requirements).
- Parent visa: Usually after 5 years (10 years if you applied under the 10-year route due to not meeting financial/English requirements).
- Long Residence Route
- 10-Year Long Residence: Eligible after 10 years of continuous lawful stay in the UK (any combination of visas).
- Refugee or Humanitarian Protection
- Eligible after 5 years in the UK with refugee status or humanitarian protection.
- Other Special Categories
- Commonwealth citizens with UK ancestry: Usually after 5 years.
- Armed forces members: After 4–5 years of service, depending on circumstances.
Eligibility Requirements for ILR
- Regardless of route, most ILR applicants must show:
- Continuous residence in the UK (no excessive absences).
- Good character – no serious criminal convictions or immigration breaches.
- Financial requirement – if applying via family route, proof of income/savings is required.
- English language proficiency – usually Level B1 CEFR or higher.
- Life in the UK Test – a mandatory test on British history, culture, and law.
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Continuous Residence Rules
- You must not have spent more than 180 days outside the UK in any 12-month period during the qualifying time.
- Absences due to serious illness, study, or work overseas for a UK-based employer may sometimes be disregarded.
- Absence Rule (From 11 Apr 2024): ≤180 days in any rolling 12-month period
- Special Consideration: Possible for serious reasons (e.g., illness), Not applied for employment/economic cases
- Absences due to compelling and compassionate reasons may still be accepted beyond the limits if supported with strong evidence (medical records, official letters, etc.).
ILR Application Process
- Check eligibility for your specific visa route.
- Prepare documents, which may include:
- Current passport & BRP.
- Proof of residence (council tax, utility bills, tenancy agreements).
- Evidence of income/financials (if family route).
- Life in the UK Test pass certificate.
- English language certificate (if required).
- Apply online via the Home Office portal.
- Upload documents and attend a biometric appointment at UKVCAS.
- Await decision – usually within 6 months, though priority services are available.
- Receive ILR BRP card confirming your settled status.
Key Eligibility Criteria
- Both applicant and sponsor must be 18 or older when submitting the application.
- Sponsor must be one of the following:
- British or Irish citizen
- Settled in the UK (e.g., indefinite leave to remain, settled status)
- Pre-settled under EU Settlement Scheme
- Holder of a Turkish Businessperson or Worker visa
- Refugee or humanitarian protection status
- Relationship must be genuine and subsisting; you must intend to marry or enter into a civil partnership within six months of arrival
- You must have met in person and not be within prohibited degrees of relationship under the UK Marriage Acts
- Evidence that previous marriages or partnerships have legally ended
- Intent to live together permanently in the UK
ILR Fees (2025)
- Standard application: £2,885 per person.
- Priority service (5 working days): +£500.
- Super priority service (next working day): +£1,000.
- Life in the UK Test: £50.
- English test (if required): around £150.
(Fees are subject to annual Home Office updates)
Processing Times
- Standard service: Up to 6 months.
- Priority service: Decision within 5 working days.
- Super priority: Decision within 24 hours.
After You Get ILR
- You can work, study, and access healthcare without restrictions.
- You may apply for British citizenship after 12 months (unless married to a British citizen, in which case you can apply immediately).
- You must not spend more than 2 continuous years outside the UK, or you risk losing ILR.
FREQUENTLY ASKED QUESTIONS
Which routes and residence periods qualify for ILR?
Indefinite Leave to Remain (ILR) is granted to those who have completed a qualifying period of lawful residence, typically after five years on routes such as the Skilled Worker, Spouse/Partner, and Ancestry visas. Some visas, like the Global Talent and Innovator Founder visas, may allow for ILR after three years if specific criteria are met. The 10-year long residence route is also available for those who have lived continuously in the UK under any lawful visa.
How can ICONIQ Solicitors help with an ILR application in the UK?
ICONIQ Solicitors offers tailored legal guidance for UK Indefinite Leave to Remain (ILR) applications. Our team helps establish eligibility, prepares robust submissions, and reviews residence history. They advise on necessary documentation and, additionally, they navigate complex scenarios, aiming to minimise errors and improve your chances of success.
What are the absence limits?
To qualify for Indefinite Leave to Remain (ILR) in the UK, applicants must not exceed 180 days of absence in any rolling 12-month period during their qualifying residence. Absences should be for legitimate reasons, like business travel or family emergencies, and must be well-documented.
Do I need Life in the UK Test and English language proof?
Most applicants for Indefinite Leave to Remain (ILR) in the UK must pass the Life in the UK Test and show proof of English language proficiency unless exempt due to age or medical conditions.
Can I combine time from different routes?
Yes, you can often combine time spent on different visa routes to qualify for Indefinite Leave to Remain (ILR) in the UK, as long as they are part of the settlement pathway. For instance, time on Skilled Worker, Global Talent, Innovator Founder, and certain Tier 1 visas can count toward the five-year requirement. Under the 10-year long residence route, any lawful continuous stay is counted, regardless of visa type. It's important to track your visa history and ensure that each stay complies with ILR rules.
What are typical refusal reasons and remedies?
Common reasons for Indefinite Leave to Remain (ILR) refusal in the UK include exceeding the absence limit of 180 days, gaps in lawful residence, using the wrong application form, or submitting incomplete documentation. Other issues may involve failing the Life in the UK Test, not meeting English language requirements, or having a criminal record.