How to Know When to Apply for Permanent Residency in the UK

We explore the types of UK permanent residency, the benefits and how you can apply for Indefinite Leave to Remain. Our guide focusses on when and how to apply, so that when the time comes you can continue your stay in the UK indefinitely, leading to British Citizenship through Naturalisation.

Types of Permanent Residence

• Indefinite Leave to Remain (ILR) is a form of settled status in the UK allowing a conditional stay for as long as you want. This equates to permanent residence but with some restrictions on absences and ability to show and maintain good character. 
• The EU Settlement Scheme protects the rights of EU, EEA, and Swiss citizens and their families living in the UK after Brexit. It grants pre-settled status to those living and working in the UK by 31 December 2020. After five years of continuous residence in the UK under pre-settled status, you can apply for settled status. You can see our EU Settlement Scheme page for full details of the process of applying for settled status.

Benefits of UK Permanent Residency

UK permanent residency offers multiple advantages over temporary residence. Generally, your security and permissions are enhanced, and restrictions reduced compared to UK visa holders. Here are the core benefits of permanent residence:

• You don’t need further visa permissions to live and work in the UK
• You can work in any job role, in any field in the UK, without restrictions
• You are not tied to a single job role, sponsor or employer 
• You can access certain public benefits restricted to visa holders
• If you meet the conditions of Indefinite Leave to Remain, including living and working in the UK for the required time, you can apply for British Citizenship through Naturalisation.
• You can leave the UK for travel, tourism, or visiting family. Your absences must not exceed 180 days in any 12-month period.
• You can access education 
• You can extend your ILR to family members
• Your status is indefinite, so you do not need to renew it. If you do not breach ILR conditions, you can stay in the UK as long as you like

When to apply for Indefinite Leave to Remain

You decide when to apply for Indefinite Leave to Remain. However, you may only apply once you meet the required timeframes for your visa types. The most common route is after five years. 

After Two Years

You may be able to apply after two years with the:

• Tier 1 Investor Visa (with a cash or personal loan investment of £10 million or personal asset investment of £20 million)

The Investor Visa has different stipulations that you must meet if you are to apply after two years on this visa. Typically this is with an investment of £10 million, but there are other conditions.

You can no longer apply for the Tier 1 Investor Visa. Only current holders of the visa can apply for ILR through via this route, if they qualify.

After Three Years

You can apply for ILR after three years if you hold the following visas and certain conditions are met. If the conditions aren’t met, you will have you apply for ILR after five years. The visas and conditions to apply after 3 years are:

• Innovator Founder Visa (you must get an endorsement from an approved body to show you’ve grown your business)
• Tier 1 Entrepreneur Visa (if you have created 10 new full-time jobs that existed for 12 months and generated £5 million business income)
• Tier 1 Investor Visa (Must have made an investment of £5 million)
• Global Talent Visa (endorsed under exceptional talent criteria. For ‘exceptional potential’ endorsement, you must apply after 5 years)

Like the Tier 1 Investor Visa, you can no longer apply for the Tier 1 Entrepreneur Visa. Only existing holders of the visa may apply for ILR via these routes.

After Five Years

You can apply for ILR after five years if you are a holder of one of the following visas:

• Skilled Worker Visa
• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• UK Ancestry Visa (For Commonwealth citizens)
• Minister of Religion Visa 
• Sportsperson Visa
• Scale up Visa
• International Agreement Visa
• If you do not meet the conditions to apply early for the Innovator Founder Visa or Global Talent Visa (as stated below) you can also apply after 5 years
• If you already hold the Tier 1 Investor Visa or Tier 1 Entrepreneur Visa and do not meet the conditions to apply early, you can apply after 5 years

Long Residence Requirements

After 10 years for adults

Under the long-residence rule, you can apply as an adult if you have lived in the UK continuously for 10 years.

After 7 years for children

You can apply for ILR after 7 years if you are under 18 and have lived in the UK continuously.

What if you have held different visas?

Your cumulative residence will be accounted for if you have had multiple visas in the UK that are all eligible under ILR rules. The 10-year long-residence ILR route allows you to combine time spent on different kinds of visas. Time spent on partner visas and work visas can be combined on the 10-year route, for example. However, this is not possible for the 5 year ILR route. Time spent on a Family visas as a dependent in the UK is considered separate to time spent in the UK on an eligible work visa.

Switching to or from a Spouse/Dependent visa can reset your ILR timeline. If you switch from a work visa (e.g., Skilled Worker) to a Spouse visa, your 5-year ILR clock under the partner route starts again.

If you have held a combination of UK work visas recognised as Tier 1, you may be eligible for ILR after 5 years of continuous residence in the UK. Eligible combinations are possible only with the following work visas (not as a dependant):

• Skilled Worker visa
• Global Talent visa
• Innovator Founder visa
• T2 Minister of Religion visa
• International Sportsperson visa
• Representative of an Overseas Business visa
• Tier 1 visa, other than Tier 1 (Graduate Entrepreneur)
• Scale-up visa

2 rule changes may affect your eligibility to apply for ILR. They came into effect in April 2024 and are as follows:

• You must have held your current visa permission for at least 12 months before applying for ILR
• Time spent as a visitor, short-term student, or seasonal worker no longer counts towards the 10-year qualifying period. 

Eligibility Criteria for ILR

To apply for ILR, you must meet several requirements:

• You must have lived lawfully in the UK on a qualifying visa
• You should not have spent more than 180 days outside the UK in any 12-month period*
• You must have complied with all immigration laws during your stay in the UK.
• You must demonstrate English proficiency, usually at B1 level. See the exact details of the required English language tests for ILR
• You must pass the Life in the UK Test
• You might need to provide evidence of financial stability depending on your qualifying visa
• You must prove you meet the Good Character Requirement with a clean criminal record and show no immigration offences

*The 548-day absence limit has been removed for periods after 11 April 2024. The only absence restriction is 180 days of absence in any 12-month period. However, the rules are not applied retrospectively for periods before 11 April 2024.

Application Processing & Costs

You can apply up to 28 days, at the earliest, before you are eligible for ILR. The ILR application cost is £3,029. The application takes up to six months to process.

Depending on how you apply for ILR, you may be able to access the expedited service. There is a priority service of £500 which can grant a decision within 5 working days, or a super priority service costing £1000, typically granting a decision the next working day.

Required Documentation

You must submit various supporting documentation to apply for ILR. These include:

• Current Passport, Previous Passports & Travel Documents used during your time in the UK
• Proof of Residence typically includes utility bills, tenancy agreements and council tax statements.
• Evidence of continuous residence, including travel records, showing any UK absences 
• English Language Test Certificate, if required
• Life in the UK Test Pass Certificate
• Financial Documents that might include bank statements, payslips, and contracts of employment
• Police Registration Certificate, if required 

See our full ILR checklist to ensure you have everything you need before applying.

What are the conditions of ILR once you are successful with your application

ILR status can be revoked if:

• You have been absent from the UK for more than two years
• You commit serious crimes or violate immigration laws
• It was granted based on false information or deception

When can I apply for British Citizenship?

• You must have held ILR for at least 12 months before applying for citizenship
• If you are married to a British Citizen, you don’t have to wait 12 months and can apply straight away
• As well as having ILR status, you must have lived in the UK for 5 years or more 

You should not leave the UK for more than 90 days in the 12 months immediately before your British Citizenship application. For more information, you can explore the full process from ILR to Citizenship.

How We Can Help

Applying for ILR can be complex and time-consuming. Our team of experienced immigration lawyers can help guide you through the process, ensuring your application is thorough and accurate. We offer:

• Personalised Guidance tailored to your unique situation
• Comprehensive document checks of all required evidence
• Assistance with completing and submitting your application.
• Correspondence with the Home Office on your behalf.

We’re here to support you in person, via the phone, or online. Call us on 0333 305 9375 or contact us online to begin your UK ILR application.