Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is settlement. It allows you to live, work and study in the UK without time limits and free from immigration control. It can also be the final step towards British citizenship, provided you meet the separate requirements under Appendix KoLL for English language and the Life in the UK Test.

Who can qualify for ILR

There are several routes to ILR, each with its own qualifying period and eligibility rules depending on your current visa:

• Work routes (most applicants): usually after five years on an eligible visa such as Skilled Worker, Global Talent, Scale-up, Minister of Religion or International Sportsperson.

• Fast-track work or business routes: certain categories qualify in three years, for example Global Talent holders meeting specific prize or endorsement criteria, or Innovator Founder visa holders who meet the business success requirements.

• Family routes: typically after five years, or ten years under the long-term partner or parent route.

• Long residence: after ten continuous lawful years in the UK, subject to the absence limits set out below.

• Protection or EUSS routes: separate provisions apply for refugees, those with humanitarian protection, and EU Settlement Scheme applicants.

Legacy routes such as Tier 1 (Entrepreneur or Investor) and Post-Study Work are closed to new applicants and can only be used if transitional provisions apply.

General ILR requirements

Most ILR routes require applicants to meet the following conditions:

• Qualifying residence of at least five years on an eligible route, unless otherwise specified.

• No more than 180 days outside the UK in any rolling 12-month period for work routes, unless an exemption applies.

• No serious breaches of immigration law or criminal convictions under the refusal grounds in Part Suitability.

• A pass in the Life in the UK Test and proof of English language ability at B1 level (speaking and listening) unless exempt due to age or disability.

Long residence (10-year route)

If applying under the ten-year lawful residence route, you must show continuous residence without significant gaps. Your residence is normally considered broken if, for absences that started before 11 April 2024, you were outside the UK for more than 184 days on a single trip or 548 days in total during the ten-year period. Transitional limits continue to apply to pre-April 2024 absences.

Travelling while an application is pending

If you leave the Common Travel Area (the UK, Ireland, Channel Islands or Isle of Man) before a decision is made on your ILR application, it will be treated as withdrawn. This rule does not apply to “No Time Limit” applications. You should avoid any travel until your ILR decision is received.

Priority and Super Priority decisions

Priority and Super Priority processing are available for certain ILR applications.
Priority usually provides a decision within five working days, while Super Priority normally provides a decision by the end of the next working day.
Availability depends on capacity, and faster decisions are not guaranteed where further checks are required.

Recent and upcoming rule changes

The current ILR rules still require B1 English and the Life in the UK Test. Absence limits and the standard five-year residence period remain unchanged.

The government has announced plans for a future contribution-based settlement model that may take into account employment history, National Insurance contributions and integration. These proposals have not yet taken effect, and current ILR applications are assessed under the existing rules.

Documents commonly required

Typical evidence includes:

• Current passport, BRP or eVisa confirmation

• Records of absences and continuous residence

• Proof of English language ability and Life in the UK Test pass

• Route-specific documentation such as sponsor letters for Skilled Workers, endorsement evidence for Global Talent, or relationship evidence for Family routes

Your exact list of supporting documents will depend on the visa you hold.

Limited Leave to Remain (LTR) vs Indefinite Leave to Remain (ILR)

Limited Leave to Remain (LTR) is time-limited permission to stay in the UK, usually under a specific visa with conditions such as no recourse to public funds. It does not provide permanent status.

Indefinite Leave to Remain (ILR) grants permanent residence, allowing you to live and work in the UK without restrictions. It can lead to an application for British citizenship once the relevant residence and character requirements are met.

How Hi Solicitors can help

Our immigration team can:

• Assess your eligibility for ILR under the latest rules

• Review your absences and immigration history

• Advise on English and Life in the UK Test requirements

• Prepare and submit your ILR application

• Manage correspondence with the Home Office and request Priority or Super Priority processing where appropriate

Contact our immigration solicitors

For professional advice on your ILR eligibility, documentation or application process, contact our immigration team today.
Call 01204 371 414, email [email protected], or complete our online enquiry form and we will get back to you promptly.