Indefinite Leave to Remain (ILR) in UK – Expert Application Guide

What is Indefinite Leave to Remain (ILR) in the UK?

Indefinite Leave to Remain (ILR) is a form of settlement status in the UK which allows overseas nationals to live, study or work without time restrictions.

Typically, under the existing ILR rules you must have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of continuous residence in the UK. Other routes require a longer qualifying period.

Many different types of immigration visas can lead to ILR, including Spouse Visas, Innovator Founder Visas and the Skilled Worker Visa.

Indefinite Leave to Remain enables a person to live in the UK without immigration restrictions and can provide a route towards naturalisation and full British citizenship.

What are the New ILR Rules?

The government is introducing a new earned settlement system which will significantly change how long many migrants must live in the UK before qualifying for ILR. The government has confirmed the new framework, with the changes expected to be incorporated into the Immigration Rules in December 2026 and implemented during 2027.

Under the new rules:

• The standard qualifying period for settlement will increase from 5 years to 10 years for many immigration routes.
• You may qualify after 5 years if you earn at least £50,271 a year for the required period, or after 3 years if you earn at least £125,141 a year.
• Some applicants will continue to have shorter routes, including eligible Global Talent and Innovator Founder visa holders who may be eligible for the 3 year fast track route to settlement.
• Eligible family members of British citizens will retain a 5-year route, while qualifying public-service workers, including doctors, nurses and teachers, can also qualify after 5 years.
• Eligible care workers who entered or switched to the Health and Care Worker route before the May 2025 Immigration White Paper announcement can qualify after 5 years, subject to the relevant requirements.
• Other factors, including an applicant’s contribution and circumstances, can increase or reduce the qualifying period.

The new system does not mean that everyone currently approaching five years in the UK must wait ten years. Existing ILR rules continue to apply until the relevant changes take effect, with transitional arrangements applying to people affected by the move to earned settlement.

Further ILR Changes

• From 26 March 2027, the English language requirement for most ILR applications will increase from B1 to B2 (CEFR) in Speaking and listening
• The fee for Indefinite Leave to Remain increased to £3,226 in April 2026
• On 11 November 2025, the “Part Suitability” was introduced applying a new framework for caseworkers to assess good character and grounds for refusal. This means ILR (and other applications) are now assessed more strictly on issues like criminality, immigration breaches, inconsistencies in documents, and financial/tax credibility, with caseworkers given broader powers to refuse applications where concerns arise.

What Does Having Indefinite Leave to Remain Mean? ILR Benefits and Rights

Indefinite Leave to Remain (ILR) means you are settled in the UK. It removes the time limit on your stay and gives you greater freedom to work, study and build your life here. It can also provide a route to British citizenship, although ILR is not the same as citizenship.

Live in the UK without extending your visa

Once you have ILR, you can live in the UK without having to apply for further visa extensions. Your permission has no fixed expiry date. However, ILR can lapse if you spend two or more continuous years outside the UK, and it can be revoked in certain circumstances.

Work or study without visa restrictions

ILR allows you to work for an employer, change jobs, become self-employed or run a business without needing immigration permission for a particular role. You are also free to study in the UK without applying for a Student visa.

Access NHS healthcare

People settled in the UK can generally access NHS healthcare under the usual rules. You do not have to pay the immigration health surcharge when applying for ILR or while you hold it. Ordinary NHS charges for some services may still apply (such as dental and prescriptions).

Apply for public funds if you are eligible

ILR generally removes the no recourse to public funds restriction attached to many temporary visas. This means you may be able to claim benefits or seek housing assistance if you meet the relevant eligibility rules. ILR does not automatically entitle you to a particular payment, and additional restrictions can apply to some people granted settlement subject to a maintenance undertaking.

Bring eligible family members to the UK

As a person settled in the UK, you may be able to sponsor an eligible partner, child or other qualifying family member to join you. Each family member must apply under the appropriate route and meet its requirements; they do not automatically receive ILR because you hold it.

Take a step towards British citizenship

ILR is an important step towards naturalisation as a British citizen. In most cases, you must hold ILR for at least 12 months before applying, as well as meeting the residence, good character and other citizenship requirements. The 12-month wait generally does not apply if you are married to or in a civil partnership with a British citizen.

A child born in the UK while you are settled here will normally be a British citizen from birth. A child born in the UK before you obtained ILR may instead be eligible to register as a British citizen after you become settled.

ILR Eligibility & Requirements 2026: Who Can Apply?

The specific requirements for ILR vary depending on the applicant’s circumstances, including the type of visa they hold.

The most basic requirement for ILR is to have been lawfully living in the UK for a certain period. However, there are other requirements that must be met.

The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:

• Lawful living in the UK for a certain period of time.
• No breach of immigration laws during your stay in the UK and no criminal record
• Meeting the continuous residence and absence requirements applicable to your specific settlement route. The 180-day limit applies to many work-related routes but is not a blanket requirement for all ILR applicants, including those on the standard spouse settlement route
• A pass in the Life in the UK test, which is a test based on British culture, history and traditions
• Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages.

Who is Exempt from the ILR Application Requirements?

Certain individuals will not need to apply for Indefinite Leave to Remain to be granted with settled UK status, including:

• Those eligible for British citizenship by descent (or other form of automatic citizenship)
• Child dependents of a British citizen or person with settled status.
• An adult dependent who is reliant on the long-term care of their family member who is a British citizen or person with settled status.
• Refugees resettled in the UK through the Gateway Protection Program

How to Apply for Indefinite Leave to Remain (ILR) in 2026?

Applications for ILR must be made online through the gov.uk website. As part of the Indefinite Leave to Remain application process, you will be asked to

• Fill in a form with your personal information and be asked to upload data and documents relating to your current situation. This includes proof that you are eligible to apply for ILR based on the requirements of your current visa or immigration pathway.
• You will also normally be asked to provide proof of passing the Life in the UK Test, which you can do by providing your unique reference number.
• You will also pay the application fee at this point.

We have provided a breakdown of ILR in the video below.

If you are applying before the new ILR rules come into effect (forecast for December 2026 with implementation during 2027):

Apply for Indefinite Leave to Remain After 5 Years: Eligible Visas & Qualifying Conditions

The amount of time you must have spent in the UK before you are eligible to apply for Indefinite Leave to Remain depends on your particular circumstances. Under the current rules, in most cases, an overseas national can apply for ILR after 5 years of lawful residence in the UK with a valid qualifying visa. Some of the visas which currently require five years of UK residence include:

• Skilled Worker Visa
• Skilled Worker Dependent Visa
• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• International Sportsperson Visa
• Minister of Religion Visa
• UK Ancestry Visa
• BNO Visa
• Scale Up Visa
• Asylum/Humanitarian Protection cases

These existing qualifying periods continue to apply until the relevant earned settlement rules come into force.

Accelerated Route to UK ILR (3 Years)

Under the current rules, in certain circumstances you could be eligible for ILR status with less than five years of residence in the UK, including those residing in the UK under:

• Innovator Founder Visa: Eligible after three years, subject to meeting endorsement and business growth requirements
• Global Talent Visa: Eligible for settlement after 3 years in certain circumstances, depending on how you qualified for the route
• [Closed to new applicants] Tier 1 (Entrepreneur) visa: Eligible after three years if you’ve created the equivalent of 10 new full-time jobs that existed for 12 months or generated £5 million business income in 3 years
• [Closed to new applicants] Tier 1 (Investor) visa: Eligible after two or three years depending on when you first applied for the visa and how much money you’ve invested

10 Year Long Residence Route to ILR

Under the current rules, you may also qualify for ILR after 10 years of continuous lawful residence in the UK, even if you have not spent the whole qualifying period on a single visa route.

The Long Residence route allows qualifying periods spent on different visas to be combined. For example, time spent on Student, Graduate, Skilled Worker, Global Business Mobility and other qualifying immigration routes may contribute towards the 10-year period, provided you meet the continuous residence and other requirements.

This means someone who does not qualify for ILR directly through one particular visa may still qualify through 10 years of Long Residence.

Immediate ILR Under Specific Provisions

Under Appendix FM, where a person on a Partner visa in the UK is subject to domestic violence/abuse, or when their partner has died, ILR may be immediately available. You do not need to wait 5 years. Eligibility for immediate ILR applies when:

• The applicant must currently hold, or last have held, qualifying permission as a partner, and
• The relationship has permanently broken down due to domestic violence or abuse, or
• The applicant’s partner has died

Existing safeguards for vulnerable applicants, including settlement pathways for victims of domestic abuse, will continue under the new settlement system.

If you are applying when the new ILR rules have come into effect:

ILR Qualifying Periods Under the New Earned Settlement Rules

Under the new earned settlement system, the standard qualifying period will increase to 10 years for many applicants who currently qualify after five years. However, applicants will be able to earn shorter qualifying periods depending on their circumstances and contribution.

• 10-year ILR: For many applicants, including workers who do not qualify for a reduction, the standard settlement period will be 10 years.

10 Year Residence Across Different UK Visas Under the New Rules

The new 10-year standard qualifying period does not necessarily mean that you must spend the whole 10 years on the same UK visa. Under the new earned settlement framework, qualifying lawful residence can be built up across different immigration routes. This means someone who changes from one qualifying visa to another may still be able to count qualifying residence accumulated under their previous visa towards settlement, subject to the continuous residence and other requirements.

For example, someone may spend part of their qualifying period on a Student or Graduate visa before switching to a work visa, with qualifying residence across different routes contributing towards the overall settlement period.

This is similar to the existing Long Residence principle of combining qualifying residence, although the new earned settlement system introduces a 10-year standard settlement period for many applicants alongside the existing Long Residence provisions.

Reductions

The qualifying period is no longer determined solely by the visa route under the new system. For example, two people on work visas may have different settlement dates depending on their earnings, occupation and individual circumstances.

That means reductions under the new earned settlement rules can apply across qualifying routes. If you are on a Skilled Worker visa, Health and Care Worker visa or Minister of Religion visa, for example, and you have earned over a certain amount for the required time, you may be eligible to apply for ILR on reduced timelines. You must meet all other conditions of ILR to be eligible.

Fast Track 3 Year Routes to ILR Under New ILR Rules:

• Fast track 3 year ILR: High earners can qualify for settlement after three years. The earned settlement framework has set the relevant high-earner threshold at £125,141 in taxable annual income for the three years immediately before applying.
• 3 year ILR for Global Talent and Innovator Founder: Eligible applicants on these routes will retain an accelerated three-year pathway.

5 Year Routes to ILR Under New ILR Rules:

• 5 year ILR for higher earners: Applicants earning around £50,271 or more in taxable annual income for the three years immediately before applying can qualify after five years.
• 5 year family and BN(O) routes: Family members of British citizens and Hong Kong BN(O) visa holders will retain their existing settlement pathways.
• 5 year ILR for public-service workers: Specified public-service workers, including doctors, nurses and teachers, can qualify after five years.

For Those Already on a UK Visa Under New ILR Rules:

• 5 year ILR for qualifying care workers: Under the new rules announced in November 2026, qualifying care workers who joined or switched into the relevant route before the May 2025 Immigration White Paper can qualify for settlement after five years if they meet the relevant conditions, including the earnings requirement. Care workers in the protected cohort who do not qualify will be offered a further five-year visa, allowing them another opportunity to meet the requirements before applying for settlement.
• Transitional arrangements for certain healthcare and education workers: Similar transitional protections will apply to certain healthcare and education workers who joined before the May 2025 Immigration White Paper, including specified occupations identified by the Migration Advisory Committee.
• 10 year standard for those already in the UK, but reductions apply if eligible: The government has confirmed that settlement rules will otherwise generally be determined when the settlement application is made, rather than when the applicant originally entered the UK. This means, if you are already in the UK and are not eligible for a reduction on your time limit or an exemption/transitional protection, you will ordinarily be subject to the new 10-year route to settlement once the new rules apply.
• Longer qualifying periods: Immigration breaches, criminality and some other factors can increase the period an applicant must wait for settlement.

ILR Document Checklist: What You Need for Your Application

As part of your application for ILR, you will need to include a number of supporting documents. This applies to both yourself, and any dependants who are applying with you.

It is important to note that the documents which you provide must be the original issues. If you cannot provide the original documents, you will need to explain why. If exceptional circumstances mean you cannot access the original documents, the Home Office will may give some leniency.

In most cases you will need to provide the following documents for ILR application:

• Passport and travel documents, including any old passport which was valid during your time in the UK
• Birth or adoption certificates
• Documents which account for any time spent outside of the UK during your residency, for example travel documents
• A police registration certificate if you were required to register with the police when you arrived in the UK
• A history of your immigration
• Financial information, such as bank statements
• Pass certificate of Life in the UK test
• Pass certificate (if not exempt) to prove B1 level of English
• Two identical passport-sized photographs

Indefinite Leave to Remain (ILR) Application Form

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

Form Set (M) is the form that needs to be completed when someone applies for ILR as a partner of someone, or parent of a child who is already settled in the UK

For all other ILR applications, Form Set (O) is the form to use. This includes those who have been living under the Investor and Global Talent visas, Long-term Worker visas, Skilled Worker Visas PBS dependants and those on UK Ancestry visas.

How Long does it Take to Process the ILR UK Application?

There is no specific timescale, but a standard Indefinite Leave to Remain application will be processed within six months. You must submit sufficient supporting evidence with your ILR application; otherwise, it could lead to your application being delayed, rejected, or refused.

Indefinite Leave to Remain Fees

The current fee for an The fee for Indefinite Leave to Remain is £3,226. There’s an extra charge of £1000 for super priority processing (completed within 24 hours) and £500 for priority processing (completed within 5 days) if eligible.

If you are applying with your family, your dependents will each need to pay the full fee of £3,226 .

Expert ILR Application Help: Work with an IAA-Accredited Lawyer

Applying for Indefinite Leave to Remain may be stressful and time-consuming. For this reason, at IAS, we are committed to professionally assisting all our clients. Your case will be processed by an experienced immigration lawyer, who will assess your situation and advise you on how to proceed. We will also take complete instructions from you on how to complete and submit your application to the Home Office.

At IAS, our immigration lawyers can help you through each step of your application for Indefinite Leave to Remain. After assessing your eligibility, your dedicated lawyer will complete your application form to the best standard. This includes performing a full document check to ensure that your portfolio of evidence is adequate. We can also prepare a Letter of Representation to support your application.

Call us on +44 (0)333 414 9244 or make an enquiry online to begin your ILR application.

Indefinite Leave to Remain for Dependents

Dependent children under 18 years old are also eligible to apply with the main applicant if they meet the eligibility criteria. They must:

• Have been living in the UK with a Dependant visa
• Be applying for ILR at the same time as both their parents (or their sole surviving parent with parental responsibility)
• Not be married or in a civil partnership
• Will continue to live with, and be supported by, the main applicant

In the case of children between the ages of 16 and 18, proof must be provided that they are not living an independent life and that they are still financially dependent on the main applicant.

Indefinite Leave to Remain UK as a Spouse

The Spouse Visa is designed for those who wish to join their partners in the UK, and is one of the most popular types of visa.Under the current Immigration Rules, eligible spouses and partners can apply for indefinite leave to remain after completing five years of qualifying permission on the relevant family settlement route. Some applicants are instead subject to a ten-year route.

The government’s Earned Settlement framework preserves a five-year pathway for eligible family members of British citizens. However, the position may differ for applicants whose sponsoring partner has settled status but is not a British citizen. The new framework is not yet legally in effect.

The initial Spouse Visa lasts for 30 months and at the end of this period, it can be extended for a further 30 months. Once the Spouse Visa Extension period expires, a spouse will be able to apply for ILR, provided they can meet the full requirements.

The 180-Day Absence Rule for ILR: How It Works & Permitted Exceptions

Usually, you must not have spent more than 180 days outside of the UK in a 12-month period to be eligible for ILR status.

However, there are exceptions to this rule, for example, if you have been outside of the UK on business, or your time outside of the UK was due to exceptional circumstances.

If you were outside the UK for the following reasons, it will generally be accepted as permissible absence:

• Due to conflict
• Serious illness of the applicant or a close family member
• A natural disaster
• Skilled Worker Visa holder who has been sponsored to work in a PhD level occupation
• Work undertaken overseas by certain full-time HM armed force reserve members
• Some absences taken by applicants with a Global Talent Visa

In general, it is a good idea to keep records of any periods of time you have spent outside of the UK since you began your UK residency.

ILR English Language Requirement: Approved Tests & Exemptions

As part of the Indefinite Leave to Remain application, you must be able to prove that you meet the English language requirement of B1 in speaking and listening as specified by the Common European Framework of Reference for Languages. (Due to be B2 in 2027).

Most applicants will need to hold a certificate from an approved test provider to include in their Indefinite Leave to Remain application or, alternatively, be able to show the results online.

However, some people will not need to fulfil this requirement. For example, citizens of Commonwealth countries or majority English-speaking countries will usually be exempt.

This includes, but is not limited to, citizens of the following countries:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Canada
• Grenada
• Jamaica
• New Zealand
• Ireland
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

Also, the following applicants will be exempt from the English language requirement:

• Those aged 65 or over
• Holders of a degree or higher qualification at an accredited educational establishment which was taught in English
• Those under humanitarian protection
• Victims of domestic abuse
• A partner or spouse of a person who has died who was a British citizen or person with settled status

Life in the UK Test for ILR: Cost, Pass Mark & Exemptions

A necessary component of the Indefinite Leave to Remain application is the Life in the UK test. Otherwise known as the British Citizenship test, the Life in the UK test is based on the culture, history and traditions of Britain.

The test lasts for 45 minutes and consists of 24 questions, and those questions are randomly generated on the day of the test. You must achieve a score of at least 75% to pass the test.

It costs £50 to take the test and there are over 30 accredited centres where the test can be taken. However, bear in mind that you can only sit the test in one of the five centres nearest to where you live.

If you fail the test, you can sit it again at least seven days after the date of your test. The test can be retaken as many times as needed to achieve a pass.

Those aged 18 or under, or 65 or over will not need to sit the test. Also, if someone has written confirmation from a doctor of a long-term physical or mental condition, they will usually be exempt too.

On the day of the test, you must bring some official identification such as a passport or driving licence, as well as some correspondence dated within three months which shows your UK address.

As part of your application, you must include your Life in the UK pass certificate.

Your ILR Status & the eVisa: How to Prove Settlement in 2026

The physical Biometric Residence Permit (BRP) was replaced by the eVisa digital system at the end of 2024. The e-visa is an electronic record of your immigration status highlighting any conditions of your stay and information on benefits and services which can be accessed. It stores details like your name, date of birth, fingerprints and a photo of your face. It is recommended to transition to the e-visa by setting up a UKVI account and obtaining an e-visa to prove your status.

What are my Rights with UK Indefinite Leave to Remain?

Indefinite Leave to Remain is a form of permanent residence, which means that holders of it will be able to remain in the UK without any restrictions imposed.

You will be free to work in the UK and study and study, and you will be eligible for free NHS healthcare.

Can ILR Status be Revoked?

It is important to note that ILR status can be revoked in certain circumstances.

ILR status could be revoked if:

• You were granted ILR as a refugee and you are no longer classed as a refugee
• You are liable to deportation but cannot be deported for legal reasons
• You were found to have been granted ILR by deception
• You leave the UK for a period of longer than 2 years

What can I do if my Indefinite Leave to Remain Application is Refused?

A refused application can be very distressing news. Firstly, it is important to understand why your ILR application was rejected. The reasons for the refusal will be explained in the rejection letter.

If there was an obvious mistake made on the application, the best option is to resubmit the application with the mistakes rectified.

However, if you believe that your application was unfairly rejected, you can choose to challenge the decision of the Home Office.

If you think a genuine mistake was made on your application, such as a key piece of evidence not being taken into account, the best option is to choose an administrative review. With this option, your application will be reconsidered by a different immigration official.

In certain cases, you might be able to lodge an official legal appeal against the Home Office’s decision. Your refusal letter will indicate whether this is an option for you.

If you decide to challenge the Home Office’s decision, the IAS can support you through the entire process with our appeal package. Call us now on +44 (0)333 414 9244 to find out more.

Will I Automatically Receive British Citizenship When ILR Ends?

Indefinite Leave to Remain is a major step towards becoming a British citizen. However, you will not automatically become a British citizen after you have spent a certain period of time living under ILR status.

After you have lived in the UK for twelve months under ILR, you will be able to apply for British citizenship, provided your circumstances haven’t changed significantly. If you want to become a full British citizen, you must complete an application for British citizenship by naturalisation and submit it to the Home Office.

As a British citizen, you will be able to apply for a British passport and enjoy the full benefits of citizenship.

What is the EEA Citizens Settlement Scheme?

EU, EEA and Swiss citizens can apply for the EU Settlement Scheme instead of Indefinite Leave to Remain.

The EU Settlement Scheme enables successful applicants to live and work in the UK after 30 June 2021 without any restrictions.

In most cases, you must have been living in the UK before 31st December 2020 to be eligible. The deadline for the majority of applicants was 30 June 2021. However, applications are available to applicants with pre-settle status, applying for settled status.

Contact us at one of our offices in London, Manchester, or Birmingham, as well as in many other locations throughout the UK for advice relating to Indefinite Leave to Remain.

How Can IAS Help Me Apply for Indefinite Leave to Remain?

Here at IAS, we can assist with all applications including appeals in the event of a refusal. As the UK’s leading immigration experts, we have an exceptional track record in ILR applications.

Our services include:

• liaising with you in person, via phone or Skype at a time that suits you;
• assessing your eligibility for ILR
• checking your documents to ensure that they are sufficient for your application;
• preparing a Letter of Representation to accompany your application;
• liaising with the Home Office during your application process;
• completing your application to the highest standard to ensure there are no mistakes made;
• submitting your application to the Home Office
• helping you prepare for the ‘Life in the UK test’;
• helping you meet your English Language requirements.

Please do not hesitate to contact one of our immigration lawyers using our online contact form or call +44 (0)333 414 9244 for more information on ILR visas or applying for ILR.