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Indefinite Leave to Remain (ILR):Settle Permanently in the UK

Indefinite Leave to Remain allows you to live, work, and study in the UK without time limits on your stay. Most applicants qualify after completing a continuous qualifying residence period on an eligible visa route, subject to route-specific requirements.

Our specialist solicitors confirm your eligibility, prepare evidence, calculate absences accurately, and submit a compliant ILR application in line with Home Office requirements.

Call us now at 020 3384 4389 or start a free online assessment to understand your ILR options.

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Confused About the Indefinite Leave to Remain (ILR) Rules? Let Us Guide You

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What is Indefinite Leave to Remain UK?

Foreign nationals with Indefinite Leave to Remain (ILR) can live, work, and study in the UK without time limits on their stay. ILR is a form of settlement under UK immigration law.

If you want to apply for Indefinite Leave to Remain, you will usually need to have lived lawfully in the UK for at least five years on an eligible visa route. In some circumstances, certain visa routes allow settlement after a shorter qualifying period, subject to specific eligibility requirements.

ILR can be granted following a range of UK visa routes, including the Skilled Worker route, Innovator Founder route, and Family (Spouse or Partner) routes.

A person granted Indefinite Leave to Remain is eligible to apply for British citizenship in due course, subject to meeting the relevant nationality requirements.

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Indefinite Leave to Remain (ILR) UK

What ILR Means

ILR is UK settlement. You can live, work and study without visa conditions and access services lawfully.

Typical Qualifying Period

Most work and family routes require five years’ continuous lawful residence. Some routes allow settlement earlier, subject to specific eligibility criteria. Long residence applications are typically based on ten years’ continuous lawful residence.

Absences Rule

For many work routes, absences must not exceed 180 days in any rolling 12-month period during the qualifying years. The exact rules depend on the visa route, and clear travel evidence is essential.

Knowledge of Language & Life

Most applicants must pass the Life in the UK Test and meet the English language requirement at B1 CEFR level, unless an exemption applies.

When applying for a Marriage Visitor Visa, you do not need to pay the Immigration Health Surcharge. This visa is for a short, single stay and does not grant access to the UK’s public healthcare system.

Common routes include Skilled Worker, Family (Spouse or Partner), Global Talent, UK Ancestry, certain Health and Care routes, and long residence applications. Each route has its own specific requirements.

When applying for a Spouse visa, you must pay the Immigration Health Surcharge to cover your healthcare costs while in the UK. Since February 2024, the surcharge has been £1,035 per year, following a 86% increase. For in-country application, it will be for 30 months and out-country application, it will be for 33 months.

After being granted ILR, most applicants must wait 12 months before applying for British citizenship, unless they are married to a British citizen and meet all other nationality requirements.

The Marriage Visitor Visa allows for a single stay of up to 6 months. This visa cannot be extended, and you must leave the UK at the end of this period.

ILR may lapse or be revoked in certain circumstances, including prolonged absence from the UK, deception, or serious criminality. In some cases, a Returning Resident application may be required.

This visa allows you to get married or register a civil partnership, but you cannot work, study, or live in the UK. You must use this visa solely to visit and get married.

We verify eligibility, calculate absences accurately, prepare evidence in line with Home Office requirements, and manage complex histories such as gaps, route changes or previous refusals to minimise risk.

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Don’t Risk Your Settlement on a Technicality

Refusals often arise from miscounted absences, missing documents, or misunderstandings of route-specific rules. Our UK solicitors identify and address potential issues before you apply, ensuring your ILR application is complete, accurate, and clearly presented in line with Home Office requirements.

Speak to an SRA-regulated immigration solicitor to discuss your ILR position and next steps.

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Why Trust UK Immigration Solicitors for Your Indefinite Leave to Remain (ILR)?

Our solicitors have extensive experience handling Indefinite Leave to Remain (ILR) applications, including cases involving complex immigration histories. We support individuals and families by providing clear, solicitor-led guidance through the ILR process, ensuring applications are prepared accurately and in line with Home Office requirements.

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97.37 %
Applications Approved
37573
Immigration Appeal Win Rate
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97.37%

Success Rate

37,573

Applications Approved

93.7%

Immigration Appeal Win Rate

4.9/5

Average Rating

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From Consultation to Visa Approval

Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.

By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.

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From Consultation to Visa Approval

Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.

By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.

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Maximising Your Approval Chances

Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.

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Success Rate Optimisation

We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.

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Risk Mitigation Strategies

We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.

Frame 63 1 1

From Consultation to Visa Approval

Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.

By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.

Frame 63 1 1

Maximising Your Approval Chances

Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.

Frame 63 1 1

Success Rate Optimisation

We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.

Frame 63 1 1

Risk Mitigation Strategies

We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.

Work With Trusted, SRA-Regulated UK Immigration Experts

Your immigration journey is too important to risk on unqualified or unregulated help. Every case we handle is prepared by SRA-regulated solicitors who apply structured legal reasoning, precise documentation checks and full compliance with Home Office and UKVI rules.

Our accreditations are your assurance that you are working with a reputable, experienced and highly trained legal team. We combine decades of immigration expertise with strict professional standards to give you clarity, confidence and complete peace of mind — no matter which visa or application route you are pursuing.

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Table of Contents

What are the Eligibility Criteria and Requirements for ILR?

The eligibility requirements for Indefinite Leave to Remain (ILR) depend on your individual circumstances, including the specific visa route you are applying under.

In most cases, applicants must have completed a continuous period of lawful residence in the UK on an eligible visa route and must continue to meet the conditions of that route at the time of application.

While requirements vary by visa category, most applicants must:

  • Have completed the required qualifying residence period on their visa route
  • Have complied with all visa conditions throughout their stay
  • Meet the permitted absence limits for their route
  • Pass the Life in the UK Test (unless exempt)
  • Meet the English language requirement at B1 CEFR level (unless exempt)

Each visa route has specific settlement rules, and meeting one route’s requirements does not automatically mean you qualify under another.

Who Does Not Need to Apply for ILR

Some individuals already hold settlement or citizenship under separate legal provisions and therefore do not need to apply for Indefinite Leave to Remain.

This includes:

  • British citizens (including those who acquire citizenship automatically)
  • Individuals granted settled status under the EU Settlement Scheme
  • Certain refugees are granted settlement directly under official resettlement programmes

These categories are governed by different legal frameworks and are not considered standard ILR applications.

Overview of Life in the UK Test

The Life in the UK Test is a mandatory requirement for most applicants applying for Indefinite Leave to Remain. The test assesses knowledge of British history, values, and everyday life.

Key points:

  • The test consists of 24 multiple-choice questions
  • The test lasts 45 minutes
  • A score of at least 75% is required to pass
  • The test fee is £50
  • There is no limit on the number of attempts
  • You are exempt from the test if you are:
  • Under the age of 18
  • Aged 65 or over

Unable to take the test due to a long-term physical or mental condition supported by medical evidence

Applicants must include their Life in the UK Test reference number in their ILR application.

English Language Requirement

Most applicants must meet the English language requirement at B1 CEFR level when applying for Indefinite Leave to Remain, unless an exemption applies.

You may be exempt if you:

  • Are aged 65 or over
  • Have a long-term physical or mental condition preventing you from meeting the requirement
  • Hold a degree taught in English and recognised by UK ENIC
  • Are a national of a majority English-speaking country

Where required, applicants must provide evidence from an approved English language test provider or recognised academic qualification.

Absence from the United Kingdom

For many ILR routes, applicants must not have spent more than 180 days outside the UK in any rolling 12-month period during the qualifying residence period.

However, absence rules vary depending on the visa route, and some routes allow greater flexibility in specific circumstances.

Because absences are one of the most common reasons for ILR refusal, applicants should keep accurate records of all travel outside the UK and ensure their absences fall within the permitted limits for their route.

Which routes lead to Indefinite Leave to Remain?

Indefinite Leave to Remain may be available after completing the required qualifying period on an eligible settlement route, subject to meeting all route-specific requirements.

Common routes leading to ILR include:

  • Skilled Worker route
  • Family routes (Spouse, Partner, Parent)
  • Global Talent route
  • Health and Care Worker route
  • UK Ancestry route
  • Minister of Religion route
  • Long Residence route (ten-year lawful residence)
  • Returning Resident route (where applicable)

Each route has its own settlement rules, qualifying periods, and evidence requirements.

How to Apply for Indefinite Leave to Remain?

Applications for Indefinite Leave to Remain are made online through the GOV.UK website.

Applicants must:

  • Complete the relevant online application form
  • Provide supporting evidence demonstrating they meet all route requirements
  • Provide their Life in the UK Test reference number (if required)
  • Pay the applicable Home Office application fee
  • Enrol biometric information where required
  • ILR applications must be accurate, complete, and consistent with your immigration history.

Can I apply for Indefinite Leave to Remain after five Years?

Your specific situation will determine how long you need to have lived in the UK before you may submit an application for ILR. Additionally, foreign nationals can often apply for ILR after 5 years of valid residency in the UK. Furthermore, some of the visas that need five years of presence in the UK are as follows:

  • Family Visa
  • Spouse Visa
  • Unmarried Partner Visa
  • Permanent Work Visa
  • Visa for Skilled Workers
  • UK Ancestry Visa

In certain circumstances, if you have resided in the UK for no more than 5 years, you can be eligible for ILR status. These situations include those in which you live in the UK under:

  • Visa for innovators: After three years, eligibility is based on business achievements.
  • Visa for Entrepreneurs: After three years, eligibility will rely on business operations. (Note that the aforementioned visa is no longer valid.)
  • Global Talent Visa: If your most recent approval was for ‘exceptional talent,’ ‘exceptional promise,’ or the UK Research and Innovation fast-track, you can apply after just 3 years.
  • Investor Visa (Tier 1): Qualify depending on the activities of the company after two or three years.

After being in the UK for four years, a Commonwealth citizen who served in the armed forces might qualify for Indefinite Leave to Remain Sometimes, it takes more than five years to qualify for UK Indefinite Leave to Remain. For people living in the UK for a long time, they’ll need to have spent 10 years if they’re over 18 or seven years if they’re under 18 before applying for ILR.

Which documents are required to apply for Indefinite Leave to Remain?

A variety of supporting documentation must be included with your Indefinite Leave to Remain application. Furthermore, this pertains to you and any dependents who are making a request on your behalf.

It is important to keep in mind that the documents you submit should be the original ones. Moreover, you will have to justify if you are not able to provide the original documents. The Home Office will be lenient if you are unable to obtain the original documents due to exceptional situations.

Typically, the following information and documents are required from you:

  • Travel documents and passport, including any previous passports that were valid while you were in the UK
  • Certificates of adoption or birth
  • Records that show any period you spent living outside of the UK, such as travel documents
  • A certificate from the police if you had to register when you came to the UK
  • A record of your immigration background
  • Financial data, including bank statements
  • Obtain a certificate of life in the UK.
  • Pass certification (if not exempt) showing a B1 English proficiency
  • Two matching passport-sized pictures

What application form do I need to submit for UK Indefinite Leave to Remain?

Form Set (O) and Form Set (M) are the two main forms used for applications for Indefinite Leave to Remain.

Form Set (M) is for applying for UK ILR if you’re the partner or parent of someone settled in the UK. Moreover, for other ILR applications, like Investor, Global Talent, Long-term Worker, Skilled Worker, PBS dependants, and UK Ancestry visas, you use Form Set (O).

What is the Indefinite Leave to Remain Fee?

The current Home Office fee for an Indefinite Leave to Remain application is £2,885 per applicant.

Priority and super priority services may be available, depending on the application route and Home Office availability.

ILR applications are generally processed in line with published Home Office service standards, although processing times can vary depending on the complexity of the case.

How much time does it take to process the indefinite leave to remain application?

There is no set timeline, however, an Indefinite Leave to Remain application will be approved within six months.

Permission to Stay in the UK indefinitely as a Spouse

One of the most common visa categories is the Spouse Visa. It is for those people who want to live with their partners in the UK. In most cases, after 5 years of legal residence in the UK, a spouse of a permanent resident may apply for Indefinite Leave to Remain.

You can initially obtain a Spouse Visa valid for 30 months, and you can renew it for another 30 months after that time. When the Spouse Visa Extension time expires, a spouse may file for ILR if they meet all of the requirements.

Biometric Residence Permit for the UK with ILR

Your name, date of birth, fingerprints, and a picture of your face are all included in your Biometric Residence Permit (BRP), which serves as a form of identity. It will also include information about your immigration status, any terms and conditions associated with your stay, and the benefits and services that you are eligible for.

Before submitting an ILR application, you must obtain a BRP if you don’t already have one. Additionally, after we receive your application, we will provide you with information on how to obtain your BRP.

What are my rights if I have Indefinite Leave to Stay in UK?

As a type of long-term residency, Indefinite Leave to Remain allows its holders to live and work in the UK without facing any limitations. In addition to having unrestricted access to free NHS treatment, you will be able to work and study in the UK.

Can my ILR be revoked?

It is significant to remember that under some conditions, UK ILR status may be withdrawn. Revocation of ILR status may occur if:

  • You are no longer considered a refugee because you were given international legal residency.
  • Although deportation is a possibility, it cannot happen for legal reasons.
  • Authorities discovered that you get ILR through deception.
  • You spend more than two years away from the UK.

If my application for Indefinite Leave to Remain is denied, what options do I have?

A denied application might be disappointing. First and foremost, you need to know why your application was turned down. The rejection letter will explain the grounds for the rejection. Moreover, the best course of action is to resubmit the application after making the necessary corrections if there is an obvious error on it.

Additionally, if you believe the Home Office unfairly turned down your application, you can challenge their decision. If you think they missed something important in your application, like key evidence, you can ask for an administrative review. Moreover, another immigration officer will take a fresh look at your application.

You may be able to file an official legal appeal against the Home Office’s decision in specific circumstances. Moreover, if you are unable to proceed, it will be stated in your letter of refusal.

What are the reasons for the Refusal of Indefinite Leave to Remain UK?

There are a number of reasons why an ILR application might be turned down.  The authorities can turn down ILR applications if:

  • Criminal Behaviour
  • Giving wrong information on the application
  • Not meeting the standards (most of the time, applicants are turned down for ILR because they have not been in the UK for the full qualifying period on an eligible visa).
  • Previous ban from entering the UK.
  • People think that approval is not good.
  • Being a part of a fake marriage or civil partnership
  • Having broken immigration rules before
  • Failure to give the needed information

At UK Immigration Solicitors, we know how upsetting and stressful it can be when your ILR application is turned down or the application of a family member who depends on you is turned down. We have a lot of experience overturning ILR denials and giving our clients the best chance of victory.

When my ILR expires, will I automatically be granted British citizenship?

A significant step towards obtaining British citizenship is obtaining Indefinite Leave to Remain. However, after a specific amount of time, you will not automatically acquire British citizenship if you have been living under ILR status.

As long as your situation hasn’t changed substantially, you can apply for British citizenship after being in the UK for a full year under ILR. To obtain complete British citizenship, you need to fill out and submit a request to the Home Office for British citizenship by naturalisation.

As a British citizen, you will soon be able to submit an application for a British passport and enjoy all of the advantages of citizenship.

What exactly is the EEA Citizenship Settlement Scheme?

The EU Settlement Scheme is an alternative to Indefinite Leave to Remain available to nationals of the EU, EEA, and Switzerland. Moreover, the EU Settlement Scheme allows successful candidates to live and work in the UK without any restrictions beyond June 30, 2021.

To be eligible in most situations, you must have lived in the UK before December 31, 2020. Moreover, if you qualify for the scheme, your immediate family members can join the scheme and enjoy the same privileges as you.

For guidance on Indefinite Leave to Remain, get in touch with us at any of our offices in the UK, including London, Manchester, and Birmingham.

Application Advice for Indefinite Leave of Absence

It may be difficult and time-consuming to qualify for indefinite leave to remain. Our goal at UK Immigration Solicitors is to serve every one of our clients with excellence because of this. A skilled immigration attorney will handle your case, evaluating your circumstances and offering you advice on what to do next. Additionally, we will get all of your instructions on how to fill out and send in your application to the Home Office.

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Frequently Ask Questions

In most cases, you must complete five years of continuous lawful residence in the UK on an eligible visa route. Some routes allow settlement sooner, while others require 10 years under the long residence route. The exact qualifying period depends on your visa category and immigration history.

For many work-based routes, absences must not exceed 180 days in any rolling 12-month period during the qualifying residence period. Absence rules vary by visa route, and some routes apply different limits. Accurate travel records are essential, as miscalculated absences are a common reason for refusal.

Most applicants must pass the Life in the UK Test and meet the English language requirement at B1 CEFR level, unless an exemption applies. Exemptions may apply based on age, medical conditions, nationality, or recognised English-taught qualifications.

Common routes leading to ILR include:

  • Skilled Worker
  • Family routes (Spouse, Partner, Parent)
  • Global Talent
  • Health and Care Worker
  • UK Ancestry
  • Minister of Religion
  • Long Residence (ten-year route)

Each route has specific settlement rules, and eligibility must be assessed individually.

Yes. ILR can lapse or be revoked in certain circumstances, including:

  • Spending a prolonged period outside the UK
  • Obtaining ILR through deception
  • Serious criminal convictions

If ILR lapses due to absence, a Returning Resident application may be required to re-enter the UK.

Most applicants may apply for British citizenship after holding ILR for 12 months, provided they meet all nationality requirements. If you are married to a British citizen, you may be eligible to apply sooner, subject to certain conditions.

Documents vary by visa route but typically include:

  • Proof of identity and immigration status
  • Evidence of continuous lawful residence
  • Travel history showing absences from the UK
  • Life in the UK Test reference number (if required)
  • English language evidence (if required)

Submitting incomplete or inconsistent evidence can lead to refusal.

ILR applications are processed in line with Home Office service standards. Processing times vary depending on the route, complexity of the case, and whether priority services are available.

If your application is refused, the refusal letter will explain the reasons.
Depending on the circumstances, you may be able to:

  • Submit a new application with corrected evidence
  • Request an administrative review
  • Lodge a legal appeal, where a right of appeal exists

The appropriate option depends on the refusal grounds.

A solicitor can assess your eligibility, calculate absences accurately, identify risks, and ensure your application complies with Home Office rules. Professional review is particularly important where there are complex immigration histories, previous refusals, or long absences from the UK.

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