Indefinite Leave to Remain UK
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Benefits of Indefinite Leave to Remain UK
Indefinite Leave to Remain UK (ILR), or simply “settlement,” is generally the main objective of the majority of expatriates in the United Kingdom. It is essentially the freedom to reside, work, and study in the UK without any limitation in terms of time or immigration controls.
Once you obtain ILR, you essentially unhook yourself from the complicated and recurring visa renewal process (FLR) and it is the legal prerequisite to be able to lodge an application for British Citizenship.
Eligibility for UK ILR
To be able to get Indefinite Leave to Remain, you typically need to show that you have been living in the country for 5 years. Although the criteria differ for each visa type (Spouse vs Skilled Worker), the main things still come down to:
- Continuous residence: Generally 5 years on a visa that counts (or 10 years by the Long Residence route).
- In any 12-month period, you must not have been out of the UK for more than 180 days during the years that you count for your residence.
- Life in the UK Test: This official test about British history and traditions you have to pass.
- English language: Providing B1 level English (or a degree taught in English).
- Good character: No serious criminal convictions or breaches of immigration law.
ILR application process
You can apply for ILR up to 28 days before you complete your qualifying residence period. Applying any earlier than this window can result in an automatic refusal by the Home Office.
For most routes you can apply for settlement once you have completed your qualifying period of 5 years. An accelerated route is available for those holding a Global Talent visa or an Innovator founder visa.
You can combine cetain routes such as work routes to meet the 5 year requirement.
Processing time for ILR
Standard applications for Indefinite Leave to Remain UK are usually decided within 6 months. During this time, you should generally avoid international travel until a decision is made.
For those requiring a faster result, the Super Priority service is available for an additional cost, offering a decision within 24 hours of your biometric appointment.
ILR fees and costs
The current Home Office fee for ILR is £3,029 per person. While this is a significant upfront cost, it represents a long-term saving as you will no longer pay the Immigration Health Surcharge (IHS).
Unlike temporary visa extensions (FLR), settlement applications are exempt from the IHS, meaning you only pay the application fee and any optional priority service charges.
“Earned Settlement” 2026 updates
While most skilled workers and spouses settle after 5 years, the UK government reviews settlement routes regularly.
In May 2025 the UK government indicated it could increase the current 5-year settlement period to 10 years. The UK government has now launched public consultation covering the proposed reforms to the “qualifying period” which include the following:
- Increasing the baseline qualifying period: Indefinite Leave to Remain (ILR) via the regular route will be increased from 5 years of residence to 10 years for most visa categories
- A new “Earned Settlement” model: applicants will be assessed against four core pillars: Character, Integration, Contribution, and Residence.
- Credits for “Positive Contribution”: The decade-long wait might be shortened (e.g. to 1-5 years) for a person with a high income (over £50k), a public sector worker, or a community volunteer who speaks English at C1 level.
- Penalties for “Negative Indicators”: The period for which an applicant has to qualify may be extended to 15-20 years for one who has taken public funds and even up to 30 years in the case of a person with the history of immigration non-compliance.
- Stricter Integration Thresholds: Along with the upgraded ‘Life in the UK’ test, mandatory English language proficiency will be raised from level B1 to B2.
It is important note that these are proposed changes and the public consultation will run until February 2026. We encourage all visa holders and family members to voice their opinions on the consultation.
If you wish to discuss any part of your settlement please book a consultation with one of our regulated immigration lawyers.
Routes that lead to Settlement UK
If you have been living in the UK for 5 years or more, you may be eligible for Settlement.
The most common routes are family visas such as the spouse visa, work visas such as the skilled worker visa, global talent visa and innovator founder visa.
The 180-day rule for Indefinite Leave to Remain
Usually, you must not have spent more than 180 days outside of the UK in any rolling 12-month period to be eligible for ILR status.
- Full days only: It is only the full days that you spend outside the UK which will be counted towards your total
- Travel days: The day you leave the UK and the day you come back do not count as absences
The Home Office can limit the instances in which it will consider that the absence that exceed 180 days is due to serious or compelling reasons. Some of the most common exception that they might consider are:
- if the applicant or a close relative is suffering from a serious illness
- if there are natural disasters or conflicts (e.g. travel restrictions due to a pandemic)
- if the reasons are work-related for certain visa categories only (e.g. helping in a humanitarian crisis)
Note: The rule is mostly strictly enforced for work visas (such as Skilled Worker). Generally, it does not affect partners on the Appendix FM route, however, you still need to show your intention to live permanently in the UK.
When can I apply for ILR?
You can usually apply 28 days before you complete your qualifying period (e.g. 28 days before your 5-year anniversary in the UK). Applying earlier than this can lead to an instant refusal.
For most routes you can apply for settlement once you have completed your qualifying period of 5 years. An accelerated route is available for those holding a Global Talent visa or an Innovator founder visa.
You can combine cetain routes such as work routes to meet the 5 year requirement.
English language requirement
You need to provide evidence of your English language proficiency. You can do this by passing an secure english language test (SELT) such as the IELTS, PTE, TOEFL or Cambridge English: Advanced (CAE).
If you are a national of a majority English speaking country or hold a bachelors degree (or higher) that was taught in English then you do not need to pass a SELT.
Life in the UK test
In order to be granted Settlement you must pass the Life in the UK test.
The test is a multiple-choice test that tests your knowledge of British history and culture. You can find more information about the test here.
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Questions
We have the answers
You can usually apply 28 days before you complete your qualifying period (e.g. 28 days before your 5-year anniversary in the UK). Applying earlier than this can lead to an instant refusal.
For most routes (like Skilled Worker), you cannot have spent more than 180 days outside the UK in any rolling 12-month period during your qualifying residence. Spouses on the 5-year route currently do not have this strict cap, but must still prove residence.
Yes. If you leave the UK and remain outside the country for more than 2 continuous years, your ILR status will lapse. You may need a Returning Resident visa to come back.
Your status is “indefinite,” meaning it does not expire. However, your Biometric Residence Permit (BRP) card will have an expiry date and needs renewing, or you will need to switch to the new digital eVisa system.
ILR is a visa status that allows you to live here permanently. Citizenship grants you a British passport and the right to vote. You can hold ILR forever without becoming a citizen, provided you don’t leave the UK for 2+ years.