Indefinite Leave to Remain (ILR)

What is Indefinite Leave to Remain?

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

Typically, 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 residence in the UK, or even two.

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

Indefinite Leave to Remain enables a person to live in the UK without any restrictions, and is the first step towards naturalisation and full citizenship.

We have provided a breakdown of ILR in the video below

New UK ILR Rules for 2025

The UK government has proposed new changes to indefinite leave remain eligibility in its Immigration White Paper, published in May 2025.

Key changes proposed to indefinite leave to remain include the following:

• Changing the normal qualifying period for ILR from 5 years to 10 years, and by extension, the qualifying period for UK citizenship by naturalisation from 6 years to 11 years
  • Some individuals may qualify for ILR/citizenship sooner, such as partners of UK citizens, victims of domestic violence and abuse, and refugees, though the exact details are yet to be determined
• Introducing a new revised points system for ILR and citizenship candidates, incorporating an “earned settlement” factor that takes into account an individual’s contribution to the UK’s economy and society
• Introducing a new bereaved parent route, allowing those in the UK on the route of a parent of a British or settled child, but who have lost their child, to settle immediately
• Revising the Life in the UK Test and helping to alleviate some financial barriers for young people who have lived in the UK throughout their childhood

It has not yet been confirmed when these proposed changes may come into effect, or even if all of these will be passed into law. However, the white paper suggests that these changes may be actioned before the end of 2025.

It has also not been confirmed how these changes will affect people already on routes towards settlement.

If you are worried or unsure about the proposed changes, it is advisable to apply for ILR without delay this year if you are eligible, as you may be affected by the new eligibility criteria if they come into effect.

Alternatively, speak to one of our immigration advisers on +44 (0)333 414 9244 or reach out to us online for more information.

What are the UK Indefinite Leave to Remain Requirements and Eligibility?

The specific requirements differ depending on the particular circumstances of the applicant, 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 of time. However, there are other requirements which must be fulfilled too.

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
• A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
• 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.

ILR UK Exemptions

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

What are the Different Routes to Indefinite Leave to Remain?

If you have been lawfully living in the UK under a form of settlement visa UK you will be able to apply for ILR once you have passed the minimum time threshold for that particular visa. An applicant will also need to fulfil other stipulated requirements.

Visas/routes which can lead to Indefinite Leave to Remain status include:

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Global Talent Visa
• Innovator Founder Visa
• Skilled Worker Visa
• Sportsperson Visa (T2)
• Minister of Religion Visa (T2)
• Senior or Specialist Worker Visa
• UK Ancestry Visa
• Retired Person Visa
• Long residence
• Returning resident

It is also possible for someone to become eligible for ILR through a less traditional route which doesn’t require holding a specific visa.

When Can I Apple for Indefinite Leave to Remain?

Five Year Route to ILR UK

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. In most cases, an overseas national can apply for ILR after 5 years of lawful residence in the UK with a valid visa.

Some of the visas which require five years of UK residence include:

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Long-term Work Visas
• Skilled Worker Visa
• UK Ancestry Visa

Some visas may allow you to count time spent on other eligible visas to make up your residency requirement.

You must not have left the UK for more than 180 days in any 12 month period during your continuous residence of 10 years.

Ten Year Route to ILR

You may also be eligible for ILR if you have legally spent 10 years or more living in the UK continuously. This may have been time spent in certain immigration categories, or a combination of them.

You must not have left the UK for more than 180 days in any 12 month period during your continuous residence of 10 years. If your time abroad began before 11 April 2024, you are not considered to have continuous residence if you spent more than 548 days total or 184 days in any 12-month period abroad.

Accelerated Route to UK ILR

Under 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, depending on business achievement
• Global Talent Visa: Eligible after three years if last endorsement was given under “exceptional talent” or “exceptional promise” criteria or under UK Research and Innovation fast track criteria
• 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
• 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

What Do I Need to Know About the English Language Test for ILR UK?

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.

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

What is the Life in the UK Test for Indefinite Leave to Remain?

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.

Periods of Absence from the UK (180 day rule) for ILR

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.

UK Indefinite Leave to Remain Application Advice & Assistance

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.

Documents Required for Indefinite Leave to Remain (ILR UK) 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 and information with 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 to Apply for UK Indefinite Leave to Remain

Applications for ILR must be made online through the gov.uk website.

As part of the 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.

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.

Indefinite Leave to Remain Fees

The current fee for an The fee for Indefinite Leave to Remain is £2,885. 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.

It also costs £19.20 to register biometric information, which is an essential part of the ILR application process.

If you are applying with your family, your dependents will each need to pay the full fee of £3,029 .

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. The criteria includes the following:

• They must have been living in the UK with a Dependant visa
• They must be applying for ILR at the same time as both their parents (or their sole surviving parent with parental responsibility)
• They must not be married or in a civil partnership
• They 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.

Ordinarily, a spouse of a settled partner can apply for Indefinite Leave to Remain status after five years of being a lawful resident in the UK.

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.

UK Biometric Residence Permit with ILR

A Biometric Residence Permit (BRP) is a form of identification which includes your name, date of birth, fingerprints and a photo of your face. It will also detail your immigration status, any conditions of your stay and information on benefits and services which can be accessed.

The physical BRP was replaced by the eVisa digital system at the end of 2024.

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 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.

Alternatively, you can contact the Home Office directly if you wish.

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 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.