Indefinite Leave to Remain, often referred to as ILR, marks the point where a migrant’s temporary immigration status becomes permanent. It removes time limits on residence and ends the cycle of extensions, sponsorship requirements, and repeated applications. However, ILR is not a single application you prepare for at the end. It is the outcome of years of lawful residence, compliance, and careful planning from the very first visa stage.
This article sets out the full ILR roadmap, from initial entry to settlement, explaining how the process works in practice and where applicants most often go wrong.
The Two Main Routes to Indefinite Leave to Remain
Most applicants reach settlement through one of two established routes, each forming a distinct pathway to UK indefinite leave to remain depending on their immigration history. The first is the standard 5-year route, which applies to the majority of work and family visa holders who have maintained lawful status under a qualifying category.
The second is the 10-year long residence route, intended for individuals who have lived in the UK continuously and lawfully across multiple visa types over a longer period.
In limited circumstances, settlement is possible after three years. This applies mainly to specific categories such as Global Talent and Innovator Founder visas, where the rules recognise accelerated progression based on contribution, endorsement, or business activity. These routes are tightly regulated and only available to applicants who meet strict eligibility criteria throughout the qualifying period.
Understanding which route applies to you is critical. Mixing assumptions between routes often leads to refusals, particularly where residence calculations are concerned.
Stage 1: Starting on the Right Visa
Visa Categories That Lead to ILR
ILR is only available from specific visa categories. The most common routes include the Skilled Worker visa, family visas based on a partner, spouse, or parent relationship, the Global Talent visa, the Innovator Founder visa, and the UK Ancestry visa. Each route has its own rules on qualifying periods, extensions, and settlement requirements.
Time spent in the UK under visitor visas, short-term study, or most temporary routes does not count towards settlement, even if lawful. This distinction often catches applicants off guard years later.
Understanding Your Qualifying Period
For most applicants, the qualifying period is 5 continuous years. Family route applicants must usually complete two periods of limited leave before applying. Skilled Worker applicants must hold qualifying leave for 5 years and meet salary rules at settlement stage.
The ten-year route is based on lawful residence across multiple visas. While flexible in terms of visa types, it is unforgiving when it comes to gaps, overstaying, or excessive absences.
Continuous Lawful Residence Rules
Continuous residence requires you to hold valid leave at all times and to limit absences from the UK. In most cases, absences must not exceed 180 days in any rolling 12-month period. All travel counts, including work trips and emergencies.
Gaps between visas, late applications, or overstaying can reset the clock entirely. This remains one of the most common reasons for refusal.
Stage 2: Maintaining Compliance During Your Qualifying Period
Immigration Status and Extensions
Extensions must be submitted before your current visa expires. Even a short overstay can break lawful residence and jeopardise future settlement. Applicants who switch visa categories must also check that time spent on the new route still counts towards ILR.
Not all switches preserve continuity, especially where moving from temporary routes into settlement routes.
Employment and Salary Compliance
Work route applicants must continue to meet the relevant salary threshold for their role at settlement stage, not just at entry. Salary levels change, and applicants who rely on outdated figures risk refusal.
The role must remain genuine, appropriately skilled, and aligned with the sponsor licence records.
Family Route Financial Stability
Family applicants must meet the minimum income requirement at the time of application. As of recent changes, this stands at £29,000 for most partner applications. Evidence must be current, consistent, and correctly formatted.
Failure to meet the requirement at extension stage can delay settlement significantly.
Stage 3: Meeting Core ILR Eligibility Requirements
Knowledge of Life in the UK
Most applicants aged 18 to 64 must pass the Life in the UK Test. It assesses knowledge of British history, institutions, and daily life. Many applicants underestimate it and fail due to poor preparation.
The test must be passed before submitting the ILR application.
English Language Requirement
Applicants must meet an English language requirement at level B1 in speaking and listening, unless exempt. Degrees taught in English may be accepted if formally verified.
Tests must be from approved providers and remain valid at the date of application.
Good Character and Immigration History
ILR applicants are assessed on criminal history, civil penalties, and past immigration conduct. Serious or recent convictions can result in refusal. Immigration breaches, even historic ones, may still be considered.
Full disclosure is essential. Attempting to withhold information often causes more damage than the issue itself.
Stage 4: Preparing Your ILR Application
When You Can Apply
ILR applications can be submitted up to 28 days before completing the qualifying period. Applying too early leads to automatic refusal. Calculating the correct date is a technical exercise and should be double-checked.
Document Checklist Overview
Applicants must provide identity documents, proof of residence, travel records, financial evidence, and employment confirmation where relevant. Documents must align with Home Office records.
Inconsistent dates, missing travel history, or unclear payslips are common problem areas.
Choosing the Correct Application Form
Different routes require different forms. SET(O) applies to most work routes. SET(M) is used for partner and spouse applications. SET(LR) is for long residence cases.
Using the wrong form results in rejection before assessment.
Stage 5: Submitting the ILR Application
Online Application Process
Applications are submitted online. Accuracy matters. Errors in dates, travel history, or employment details can lead to refusal without further contact.
Applicants must confirm all declarations personally.
Fees and Processing Times
The ILR application fee currently stands at £3,029 per person. Priority services are available at additional cost, subject to availability.
Standard processing can take up to six months, although many applications are decided sooner.
Biometrics and Identity Verification
Applicants must attend a UKVCAS appointment to provide biometrics. Documents are uploaded digitally. Since the move to eVisas, physical BRPs are being phased out.
Stage 6: Receiving a Decision
Successful applicants receive confirmation of settlement status through their digital immigration record. There is no expiry date, but conditions apply.
Refusals can often be challenged, but deadlines are strict and options depend on the reason given.
Stage 7: Life After Indefinite Leave to Remain
ILR allows unrestricted work, study, and residence in the UK. Access to public funds becomes available, subject to eligibility rules.
However, ILR can lapse if the holder spends more than two consecutive years outside the UK. Travel planning remains important.
From ILR to British citizenship
Most ILR holders may apply for British citizenship after 12 months. This waiting period does not apply to spouses of British citizens, who may apply immediately after ILR is granted.
Citizenship applications involve separate residence rules, good character assessment, and English language requirements. ILR does not guarantee citizenship approval, but it is a necessary step for most applicants.
FAQs
Does time spent on a Graduate visa count towards ILR?
Time spent on a Graduate visa does not count towards the 5 year settlement route. However, it can count towards the 10 year long residence route if all other lawful residence requirements are met and there are no gaps or periods of overstaying.
Can unpaid leave affect my ILR application?
Yes. For work routes, extended unpaid leave can raise concerns about salary compliance and genuine employment. Short periods may be acceptable, but long or repeated unpaid leave should be carefully documented and discussed with your employer before relying on it for settlement.
What happens if my sponsor loses their licence before I apply for ILR?
If your sponsor licence is revoked before you qualify for ILR, your immigration status may be at risk. You may need to switch employers, change visa category, or rely on long residence if eligible. Timing and prompt action are critical in this situation.
Can I apply for ILR while self employed?
Self employment alone does not usually lead to ILR unless it forms part of an eligible route such as Innovator Founder or Global Talent. Earnings must meet route specific rules and be supported by strong evidence. Incorrect assumptions about self employment regularly lead to refusals.
Does a refused visa in the past affect my ILR application?
A past refusal does not automatically prevent ILR, but it will be reviewed closely. Caseworkers assess the reason for refusal, how long ago it occurred, and your conduct since then. Full disclosure and consistent records are essential to avoid further issues.
