Indefinite leave to remain (ILR) — also known as settlement — is one of the most significant milestones in a person’s immigration journey. It marks the point at which the United Kingdom becomes your permanent home: no time limits on your leave, no further visa fees, and no annual renewal anxiety.
But an ILR application is not a formality. The Home Office scrutinises every aspect of your immigration history — your continuous residence, your absences, your financial circumstances, your English language ability, and your Life in the UK test result — before granting settlement. A single error or overlooked condition can result in a refusal that delays your path to permanent status by months or even years.
At Immigration Lawyers Advice, our ILR lawyers in London provide comprehensive support for all settlement routes. We review your complete immigration history from the very beginning, calculate your qualifying period with precision, and build an application that leaves nothing to chance
What Is Indefinite Leave to Remain?
Indefinite leave to remain grants you the right to live, work, and study in the UK without restriction, for an indefinite period. Unlike time-limited visas, ILR does not expire as long as you do not remain outside the UK for more than two continuous years. Once you hold ILR, you are also eligible to access public funds on the same basis as a British citizen.
ILR is not automatic. You must apply, pay the application fee, and satisfy all the requirements for your specific route at the point of application. After holding ILR for at least 12 months, you may be eligible to apply for British citizenship through naturalisation.
What You Need to Know in 2026
ILR Eligibility — Which Route Applies to You?
Spouse / Partner ILR — 5-Year Route (Appendix FM)
If you entered the UK on a spouse or unmarried partner visa and have spent 5 years in the UK on the family route, you may apply for ILR under Appendix FM. You must still meet the financial requirement at the point of your ILR application — the same £29,000 threshold that applied to your initial visa — and your relationship must remain genuine and subsisting.
Skilled Worker ILR — 5-Year Route
Skilled Worker visa holders who have completed 5 years of continuous lawful residence can apply for ILR, provided they remain in their sponsored employment, continue to meet the salary requirements for their occupation code, and their sponsor's licence remains valid. A change of employer during the qualifying period requires a new Certificate of Sponsorship and must be carefully documented.
Long Residence ILR — 10-Year Route
The long residence route is available to individuals who have spent 10 continuous years in the UK on lawful immigration leave — across any combination of visa categories. This is a powerful route for those who have accrued a decade of lawful residence but do not qualify through a single sponsored route. The continuous residence calculation is complex: absences, gaps in leave, and periods on visa categories that do not qualify for the route must be carefully assessed.
Other ILR Routes
ILR is also available through the Global Talent route (typically after 3 years), the Innovator Founder route, and various legacy routes for those who have held leave under categories that have since closed. Our advisers will identify the precise route applicable to your circumstances.
ILR Requirements
ILR Requirements in 2026, What You Must Satisfy
Regardless of route, most ILR applications require all of the following to be satisfied at the date of application:
Continuous lawful residence
you must have held lawful leave throughout the qualifying period with no gaps.
Absence limits
most routes permit no more than 180 days of absence from the UK in any 12-month period during the qualifying period
Life in the UK test
you must have passed the test before applying (the pass certificate does not expire)
English language
B1 level or above, evidenced by an approved SELT test, a qualifying degree, or other approved means
No criminal convictions
No criminal convictions or immigration breaches that bar the application
Continued eligibility on your specific route
For example, Skilled Worker applicants must still meet salary requirements
Your Options
ILR Refused
If your ILR application is refused, do not panic. The correct course of action depends on the reasons stated in the refusal notice. Options typically include:
Administrative review
where the Home Office has made a factual or legal error in assessing the application
Fresh application
addressing the specific concerns raised in the refusal, with additional or corrected evidence
Immigration appeal
where human rights or protection grounds are engaged
Application Process
The ILR Application Process
FAQ
Frequently Asked Questions
A: Requirements vary by route but typically include: completing the qualifying period (5 or 10 years depending on route), passing the Life in the UK test, demonstrating English at B1+ level, maintaining continuous lawful residence without excessive absences, and meeting any route-specific requirements (such as salary thresholds for Skilled Worker ILR).
A: The qualifying period is 5 years for most routes (including spouse, partner, and Skilled Worker) and 10 years for the long residence route. Some routes — including Global Talent — have shorter qualifying periods.
A: Exceeding the permitted absence threshold can break your continuous residence and reset your qualifying period. However, there are exceptions — for example, absences due to exceptional circumstances. Seek legal advice immediately rather than assuming your absences are fatal to your application.
A: Yes. After 5 years on the Skilled Worker route (or a combination of eligible PBS categories), you can apply for ILR provided you still meet the salary and occupation requirements and your sponsor’s licence remains valid.
A: Standard postal applications are typically decided within 6 months. The Super Priority Service (same-day decision) and Priority Service (5 working days) are available at additional cost for eligible applicants.
A: ILR grants indefinite leave to remain — a permanent immigration status without a British passport. British citizenship, obtained through naturalisation (typically 12 months after ILR), gives you a British passport, the right to vote, and the ability to pass citizenship to children born outside the UK.
A: ILR does not expire as a status, but it is lost if you remain outside the UK for more than two continuous years. If your ILR has lapsed due to an extended absence, you may need to apply to re-enter the UK under a Returning Resident visa.