What ILR Means for You
Indefinite Leave to Remain — also known as settlement, a settlement visa, or permanent residence — confers upon a migrant the right to reside in the United Kingdom on a permanent basis, free from the conditions and time limitations attached to a standard visa. Once granted, the applicant and any dependants included within the application are no longer required to hold a valid visa in order to continue living, working, or studying in the UK. For the majority of individuals who come to the UK to work, study, or join family, ILR represents the principal objective of their immigration journey, and constitutes the final stage prior to eligibility for British citizenship.
The Baseline Eligibility Criteria
Irrespective of the route relied upon, an applicant will generally be required to demonstrate the following:
- Continuous residence in the UK for the qualifying period applicable to their visa category
- Good character, in accordance with the requirements set out in the Immigration Rules
- A pass in the Life in the UK test
- English language proficiency at CEFR level B1 or above
- Absences from the UK not exceeding 180 days in any single year of the qualifying period
The applicable qualifying period is determined by the visa category held. In the majority of cases (including the Skilled Worker and Spouse visa routes) this is five years. A more limited group of categories, including the Global Talent and Innovator Founder visas, permit an application after three years.
The Principal Routes to Settlement
The five-year route
This is the route relied upon by the majority of applicants. Provided the applicant has held a qualifying visa continuously for a period of five years, an application may be submitted upon completion of that period. Visa categories falling within this route include:
- Work-based categories: Skilled Worker, Tier 2 Minister of Religion, International Sportsperson, Turkish Worker
- Business-based categories: Global Talent, Innovator, Tier 1 (Entrepreneur), Representative of an Overseas Business, Turkish Businessperson
- Family-based categories: Spouse, Parent, Child, Adult Dependent Relative
- Tier 5 (International Agreement)
- Ancestry
Where an applicant has switched between visa categories, it should be noted that certain switches will interrupt continuity, such that time accrued on the previous category does not count towards the five-year period. In certain routes, including the Skilled Worker category and other Tier 2 categories, it may instead be possible to aggregate time spent on different visa types towards the qualifying period.
The ten-year long residence route
Where an applicant does not satisfy the requirements of a five-year category, the long residence route permits those who have resided lawfully and continuously in the UK for ten years to apply for settlement. Time spent on different visa categories may generally be aggregated for this purpose; however, only periods of valid immigration permission are counted, and short-term permissions such as visitor visas are excluded. The continuous residence requirements, including the restriction on time spent outside the UK, apply equally to this route.
Accelerated routes to settlement (two to three years)
A limited number of categories provide for an accelerated route to settlement:
- Innovator and Entrepreneur visa holders may apply after three years, provided they are able to evidence sufficient growth of their business. Under the Entrepreneur route specifically, this requires the creation of at least ten full-time positions, or turnover of not less than £5 million.
- Investor visa holders may apply after two or three years, depending on the level of investment made.
- Global Talent visa holders who have received formal endorsement may apply after three years.
It should be noted that the Entrepreneur and Investor categories are closed to new applicants, although existing holders remain entitled to proceed under their original route.
Circumstances in Which the Standard Requirements Are Modified
Early settlement for spouse visa holders: an applicant may be entitled to apply for ILR prior to completion of the standard five-year period where the sponsoring partner has died, or where the applicant has been a victim of domestic violence.
Exemptions from the English language requirement: the requirement does not apply where the applicant is aged 65 or over, where the applicant has a long-term physical or mental condition preventing compliance, or where the applicant holds nationality of one of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Ireland (for citizenship purposes only), Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the United States of America.
Exemptions from the Life in the UK test: an applicant is not required to sit the test where they are a victim of domestic violence; a Commonwealth citizen (including Gurkhas) discharged from HM Forces; an applicant proceeding under the Highly Skilled Migrant Programme by way of judicial review, or a dependant of such an applicant; a bereaved spouse, civil partner, or unmarried partner of a person present and settled in the UK; a dependent parent, grandparent, or other relative applying under paragraph 317 of the Immigration Rules, irrespective of age; an adult dependent relative applying under Appendix FM, irrespective of age; a refugee; or an applicant proceeding on the basis of discretionary leave. Where an applicant is uncertain whether a particular exemption applies to their circumstances, Migratia can review the position and confirm the correct approach before an application is submitted.
The Application Process and Supporting Documentation
The application process comprises the following steps:
- Completion and submission of the appropriate ILR application form online
- Payment of the prescribed application fee
- Attendance at a biometric appointment (fingerprints and photograph) at the applicant's nearest UKVCAS service point
- Submission of supporting evidence, either by way of online upload or at the biometric appointment
- Attendance at interview, if required by UK Visas and Immigration (UKVI)
Applicants should be prepared to provide the following documentation, where applicable:
- All passports and travel documents held during the period of residence in the UK
- Birth or adoption certificates for any dependants included within the application
- A police registration certificate, where registration has been required
- Evidence of income, in the form of payslips and bank statements
- The applicant's Life in the UK test certificate and, where required, evidence of the relevant English language qualification
- A record of any periods of absence from the UK
- Two identical passport-sized colour photographs per applicant, each annotated with the applicant's full name
Processing Times
A decision under the standard service is ordinarily issued within six months. Two expedited services are available on payment of an additional fee: the priority service, at a cost of £500, provides a decision within five working days, and the super-priority service, at a cost of £1,000, provides a decision within one to two working days.
The 180-Day Absence Rule
Also referred to as the continuous residence requirement, this rule provides that an applicant must not have been absent from the UK for 180 days or more in any rolling twelve-month period falling within the qualifying period. The purpose of the rule is to restrict eligibility for settlement to those applicants who are genuinely establishing their residence in the UK, as opposed to residing predominantly overseas.
Applications by Dependent Family Members
An applicant's partner and children may generally apply for ILR as dependants. This includes:
- A partner, being a husband, wife, civil partner, or unmarried partner, provided the couple are married or in a civil partnership, or have cohabited for a period of at least two years
- Children under the age of 18
- Children aged 18 or over, where they remain financially dependent on the main applicant
Dependants are required to satisfy the continuous residence, English language, and Life in the UK test requirements independently. Where a dependant's visa was granted concurrently with, and for the same duration as, the main applicant's visa, the dependant will typically be eligible to apply at the same time. Where a dependant joined the main applicant at a later date, they may be required to wait until their own qualifying period has been completed. Where a dependant does not qualify by reference to the main applicant, alternative routes to settlement may be available, including the EU Settlement Scheme, a family visa application, or the ten-year long residence route. Migratia advises regularly on the settlement of dependent family members and can identify the most appropriate route in cases where eligibility through the main applicant is unclear.
British Citizenship Following ILR
An applicant becomes eligible to apply for British citizenship having held ILR status for a period of 12 months, save that spouse visa holders are entitled to apply immediately upon the grant of ILR. Citizenship confers the right to hold a British passport, to travel to and from the UK without restriction, to reside outside the UK for any period without risk to that status, and to vote in national and local elections.
To qualify for citizenship, an applicant must:
- Be aged 18 or over
- Establish that they were present in the UK exactly five years prior to the date on which the application is received
- Demonstrate knowledge of the English, Welsh, or Scottish Gaelic language
- Have passed the Life in the UK test
- Intend to continue residing in the UK
- Satisfy the good character requirement
Refusal of an ILR Application
A refusal does not necessarily preclude an applicant from ultimately obtaining settlement. Where an application was made on human rights grounds, a right of appeal may arise; however, the majority of ILR applications are not made on this basis, and an appeal will accordingly not be available in most cases. Where no right of appeal exists, an applicant may instead pursue a judicial review, where it is contended that UKVI has erred in its decision; an administrative review, challenging the legal basis for the refusal; or the submission of a fresh application.
Refusals are commonly attributable to one or more of the following:
- Criminal convictions
- The provision of false information in the application
- Failure to satisfy the eligibility requirements, most commonly by reason of not having completed the full qualifying period on an eligible visa
- A previous exclusion from the UK
- A determination that the grant of settlement would not be conducive to the public good
- Involvement in a sham marriage or sham civil partnership
- A previous breach of immigration law
- Failure to provide information requested by UKVI
Proposed Reforms: The 2025 Immigration White Paper
The Government's 2025 Immigration White Paper sets out a number of proposed reforms to the settlement system. These proposals have not yet taken effect and remain subject to consultation and formal confirmation by way of a Statement of Changes to the Immigration Rules:
- The introduction of a new "Earned Settlement" model, constructed around the Points-Based System, in place of the current framework
- An increase in the standard qualifying period from five to ten years across the majority of immigration categories
- An increase in the English language requirement for most routes, from CEFR level B1 to B2
- The introduction of a new route permitting bereaved parents — those on a parent visa whose British or settled child has died — to qualify for immediate settlement
- The introduction of regularisation and settlement pathways for undocumented children and care leavers with long-standing UK residence
It should be noted that dependants of British citizens, including spouse visa holders, are expected to remain subject to the existing five-year qualifying period notwithstanding these proposed changes.
Seeking Professional Guidance
For further guidance, you may reach out to the expert team at Migratia to assist you further on your matter.