Apply For Indefinite Leave to Remain After 5 Years

To be eligible to apply for Indefinite Leave to Remain (ILR) after 5 years, you must have been living in the UK continuously for five years on a qualifying visa. However, recent government proposals (as of late 2025) suggest extending the qualifying period from around five years to up to ten years and introducing an “earned settlement” system based on contribution and good conduct. These changes are still under consultation.

UK immigration rules and requirements are subject to change, so it is always best to consult with a qualified immigration solicitor for the most up-to-date information.

If you've completed five years in the UK and want to apply for ILR, contact our immigration solicitors at 020 3417 3700 for professional legal support.

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What Is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is a form of UK settlement that allows migrants to live, work, and study in the UK permanently without immigration time limits.

Once you have held Indefinite Leave to Remain for one year, you may qualify to apply for British citizenship, subject to meeting the relevant requirements.

What Is the 5-Year Rule for Indefinite Leave to Remain?

The most common route to Indefinite Leave to Remain (ILR) is after five years of continuous lawful residence in the UK under a qualifying visa category.

The "5-year rule" for Indefinite Leave to Remain (ILR) in the UK refers to the requirement that a non-UK citizen must have continuously lived in the UK under a certain visa category for a minimum of five years before they can apply for ILR.

As of late 2025, the government proposes extending the ILR qualifying period to ten years and implementing an "earned settlement" system, though these changes are still under consultation.

Who Can Apply for ILR After 5 Years?

In 2026, Indefinite Leave to Remain (ILR) after 5 years remains available for several major visa categories. However, a transition to a 10-year "earned settlement" model is currently under government consultation and may change these routes by early 2026. 

You can typically apply for ILR after 5 continuous years if you hold one of the following:

• Work Visas: Skilled Worker, Health and Care Worker, Scale-up Worker, and International Sportsperson.
• Family Visas: Partners, spouses, or parents of British citizens or settled persons (on the standard 5-year pathway).
• Specialised Routes: UK Ancestry visa holders and those with Refugee or Humanitarian Protection status.
• Private Life (Under 25s): Individuals aged 18–24 who have spent at least half their life in the UK. 

Continuous Residence & Absence Rules

To qualify for ILR after 5 years, you must not have spent more than 180 days outside the UK in any rolling 12‑month period during the qualifying period. Exceeding the absence limit may result in refusal.

Applying for ILR After Completing 5 Years on a Spouse Visa

You may qualify to apply for Indefinite Leave to Remain (ILR) as a spouse once you have completed five years on a Spouse visa under a 5-year route.

UK Spouse visa, also known as a Marriage visa, allows you to join your partner in the UK if you are a spouse of a British citizen or a settled person in the UK.

A Spouse visa entry clearance application is normally granted under the 5-year route to settlement if you meet all the requirements under Appendix FM of the Immigration Rules.

You must apply online for ILR as a Spouse using the SET (M) application form if you are on a Spouse visa (under 5-year route) and meet the eligibility requirements.

What Are the Requirements to Apply for ILR as a Spouse?

If you are living in the UK on a Spouse or Partner visa, you may be eligible to apply for Indefinite Leave to Remain (ILR) after five years of continuous residence. To qualify, you must:

• have been living in the UK for at least five years on a Spouse or Partner visa.
• not have been outside the UK for more than 180 days in any 12-month period over the five years.
• meet the minimum income threshold of £29,000 gross per year.
• meet the English language requirement.
• passed the Life in the UK test.
• have no criminal record or other factors preventing settlement in the UK.

You must meet all other eligibility requirements depending on your circumstances. Contact our specialist immigration solicitors in London on 020 3417 3700 for legal advice and an eligibility assessment.

Applying for ILR After Completing 5 Years on a Skilled Worker Visa

The Skilled Worker visa, formerly known as "Tier 2 (General) Work visa", permits overseas workers to work in the UK with an approved employer.

The UK Skilled Worker visa is a long-term work visa and a route to settlement, which means you can apply for ILR as a skilled worker after a qualifying period of five years.

You can apply for ILR as a Skilled Worker if you have completed 5 years on a Skilled Worker visa (under a 5-year route) and meet the eligibility requirements.

You must apply online for ILR as a Skilled Worker using the SET (O) application form if you have lived and worked in the UK for 5 continuous years.

What Are the Requirements to Apply for ILR as a Skilled Worker?

You must meet the following requirements to be eligible to apply for Indefinite Leave to Remain (ILR):

• You must have lived in the UK for 5 years as a Skilled worker
• You must have spent no more than 180 days outside the UK in any 12 months
• You must meet the financial requirements
• You need to meet the English language requirements
• You need to pass the Life in the UK Test
• Letter from your employer (sponsor) confirming that you're still needed for your job

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information, so that we can advise you on the chances of success in your application, in particular if you have any exceptional circumstances or any adverse personal or immigration history.

Applying for ILR After 5 Years of Refugee Status

Refugee status (under the 5-year route) is a form of protection granted to individuals who have fled their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Refugees are allowed to live in the UK for five years, during which they have the right to work, study, and access healthcare.

After completing five years, refugees can apply for Indefinite Leave to Remain (ILR), which provides permanent residency and a pathway to British citizenship.

You must apply online for an Indefinite Leave to Remain (ILR) as a refugee after the completion of 5 years if you meet all the eligibility requirements.

What Are the Requirements to Apply for ILR as a Refugee?

To apply for Indefinite Leave to Remain (ILR) in the UK as a refugee, you must meet certain requirements. These include:

• You must have been granted refugee status or humanitarian protection by the UK government.
• You must have lived in the UK continuously for at least five years.
• You must not have spent more than 180 days outside the UK in any 12-month period during the five-year period.

You must meet all other eligibility requirements depending on your personal circumstances.

Indefinite Leave to Remain Document Checklist 2026

When applying for ILR, you'll need to provide:

• Your valid passport.
• eVisa (online immigration status proof).
• Your BRP card, if you have one.
• Evidence of 5 years of continuous residence.
• List of absences from the UK.
• Proof of your knowledge of English.
• Life in the UK test certificate.
• Accommodation details (e.g., tenancy agreement).
• Evidence of finances (e.g., payslips, bank statements).
• Evidence of salary and employment (if applicable).
• Partner/spouse documents (if applicable).
• Criminal convictions disclosure (if applicable).
• Certified translation of any documents that are not in English or Welsh.

You may need to provide additional supporting documents depending on your circumstances. Get in touch with our highly experienced immigration solicitors in London to get a comprehensive list of supporting documents for your ILR application.

ILR Application Processing Time 2026

ILR applications typically take 3-6 months, with Priority decisions in 5 working days and Super Priority by the next working day, at an additional cost.

The time it takes for an Indefinite Leave to Remain (ILR) application to be processed depends on the service you choose:

ILR Application Using Standard Service

Most ILR applications are processed within 3 to 6 months. This is the most commonly used option and is included in the standard application fee.

ILR Application Using Priority Service

You can choose the "Priority Service" when you apply for ILR to get a faster decision within 5 working days. You'll need to pay the "Priority Service" fee in addition to the ILR application fee.

ILR Application Using Super Priority Service

You may be eligible to apply for Indefinite Leave to Remain (ILR) using the "Super Priority Service" to get a faster decision by the end of the next working day (within 24 hours). You'll need to pay the "Super Priority Service" fee in addition to the ILR application fee.

Immigration Solicitors for ILR Applications

Our team of immigration solicitors in London will be able to assist you with any type of Indefinite Leave to Remain (ILR) application.

Immigration solicitors at Wembley Solicitors will:

• Provide detailed immigration advice.
• Assess your circumstances and eligibility for an ILR application.
• Explain the entire ILR application process.
• Give you a completed checklist of documents according to the type of your ILR application and your circumstances.
• Check all the supporting documents to ensure that they are sufficient and in the correct format.
• Fill out the complete ILR application form and prepare a detailed representation and cover letter for the Home Office UKVI about the Immigration Rules.
• Book an appointment for you to enrol your biometrics.
• Upload all the supporting documents.
• Liaise with the Home Office UKVI throughout the process until we receive the decision.
• Keep you updated with every stage of your ILR application.

Contact our immigration solicitors in Wembley, London on 020 3417 3700 or fill in the enquiry form for immediate legal advice & assistance with your Settlement or ILR application.

Need Help with Your ILR Application?

For eligibility assessment and ILR application support, contact our specialist immigration solicitors in London at 020 3417 3700 and maximise your chances of ILR approval.