Applying for Indefinite Leave to Remain: What the Process Involves
Reaching the point where you can apply for indefinite leave to remain (ILR) is a significant milestone for…
ILR — Common Settlement Routes
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Skilled Worker (5 years) — 5 years' continuous leave as a Skilled Worker (or Tier 2 General predecessor). Salary must still meet the going rate at the time of application. Life in the UK test and English language required.
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Appendix FM — spouse/partner (5 years) — 5 years' leave as a spouse, civil partner, or unmarried partner of a British citizen or settled person (30 months entry clearance + 30 months FLR(M)). Relationship must still be genuine and subsisting at ILR stage.
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Long residence (10 years) — 10 years' continuous lawful residence in the UK, regardless of the visa route. All leave must have been lawful — periods of overstaying or unlawful presence break the period. Life in the UK test and English language required.
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Refugee ILR (5 years) — 5 years' leave as a refugee or on humanitarian protection. A separate application is required — status does not convert automatically. A solicitor prepares the application and checks that no exclusion clauses apply.
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Domestic workers (5 years) — available for overseas domestic workers who entered on the domestic worker visa. Subject to strict conditions on the visa. A solicitor reviews the specific route and confirms eligibility.
Continuous Residence — The Key Rules
ILR requires continuous lawful residence. Gaps matter:
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Absences from the UK — for most routes: no more than 180 days' absence in any 12-month period during the qualifying period. For the 10-year long residence route: no more than 540 days' total absence in the 10-year period, and no more than 180 days in any 12-month period. A solicitor calculates absences from travel records and passport stamps.
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Gaps in leave — any period where leave has lapsed (expired without a renewal application in time) breaks the continuous period. Section 3C leave (pending an in-time application) does not break the period. A solicitor checks your immigration history for any gaps.
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Criminality — a conviction resulting in a custodial sentence of any length (or 12+ months for some routes) is a bar to ILR. A solicitor advises on whether any conviction is a bar and whether an exception applies.
Life in the UK Test & English Language
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Life in the UK test — 24 questions, 45-minute time limit, 75% pass mark. Covers British history, culture, values, and government. Taken at an approved test centre. The pass certificate does not expire. Once passed, it is valid for all future settlement applications. A solicitor confirms whether you are exempt (e.g. under 18, over 65, or with a long-term physical or mental condition affecting ability to study).
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English language (B1 CEFR) — required for most ILR routes. Evidenced by a UKVI-approved test, a degree taught in English, or nationality of a majority English-speaking country. A pass from the visa application stage (B1) is also accepted if the test is from an approved provider and not expired. Exemptions apply for those over 65 and those with long-term conditions.
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Frequently Asked Questions
Can I apply for ILR early?
Yes — you can apply up to 28 days before the 5-year (or 10-year) qualifying date. This means you do not have to wait until the exact anniversary. However, any absences must still be calculated based on the 5 (or 10) years before the date of application, not the date of a potential early application. A solicitor calculates the earliest you can apply given your absence history.
Does ILR expire?
ILR itself does not expire — it is a permanent status. However, if you spend more than 2 consecutive years outside the UK, your ILR lapses automatically. You would need to apply for a Returning Resident visa to re-enter. The Returning Resident route requires you to show strong ties to the UK and a reason for the extended absence. A solicitor advises on protecting ILR if you intend to spend time abroad.
What is the difference between ILR and settled status?
Settled status is the equivalent of ILR granted under the EU Settlement Scheme to qualifying EU, EEA, and Swiss nationals and their family members. It carries the same right to live, work, and access public funds in the UK indefinitely. ILR is the traditional term for permanent leave under the Immigration Rules. Both lapse after 2 consecutive years' absence from the UK.
How long does an ILR application take?
Standard processing is up to 6 months. A super-priority appointment at a UKVI service centre can produce a decision on the same day or the next working day. The super-priority service requires attendance in person and carries an additional fee. A solicitor advises on the most appropriate service level for your circumstances and prepares the application to avoid delays from requests for further information.
What happens after ILR — can I apply for citizenship?
After ILR, most people can apply for naturalisation as a British citizen after 12 months (so 6 years total from first leave on a settlement route). The exceptions are spouses and civil partners of British citizens, who can apply for registration rather than naturalisation and do not need to wait 12 months. Citizenship removes the risk of ILR lapsing from extended absences.