Apply For Indefinite Leave to Remain After 5 Years

You may be eligible to apply for indefinite leave to remain after 5 years of continuous lawful residence in the UK under a permitted visa category.

Usually, you can apply for indefinite leave to remain once you have completed 5 years on a Work visa (e.g. Skilled Worker visa) or family visa (e.g. Spouse visa).

The continuous residence requirement for indefinite leave to remain (ILR) differs depending on the type of visa you currently hold and your circumstances.

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 are applying for indefinite leave to remain after completing 5 years in the UK, contact our immigration solicitor at 0203 417 3700 for legal advice.

Page Contents

1. What is indefinite leave to remain (ILR)?
2. What is the 5-year rule for indefinite leave to remain?
3. Applying for ILR after completing 5 years on a Spouse visa
4. Applying for ILR after completing 5 years on a Skilled Worker visa
5. Applying ILR after 5 years of refugee status
6. Indefinite leave to remain document checklist
7. ILR application processing time
8. Immigration solicitors for ILR applications
9. Need Legal Advice & Assistance?

What is indefinite leave to remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent residency that allows foreign nationals to live and work in the UK without any time restrictions or the need for a visa. ILR is also commonly referred to as "settlement" or "permanent residency".

After holding ILR for a specified period, individuals may become eligible to apply for British citizenship if they meet certain requirements.

What is the 5-year rule for indefinite leave to remain?

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.

Applicants must have been continuously resident in the UK for at least five years. This means they must not have spent more than 180 days outside the UK in any 12-month period during those five years.

Applying for ILR after completing 5 years on a Spouse visa

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 years route to settlement if you meet all the requirements under Appendix FM of the Immigration Rules.

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

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 meeting the eligibility requirements.

What are the requirements to apply for ILR as a spouse?

As a spouse of a British citizen or settled person, you may be eligible to apply for ILR under the 5-year route if you meet the following requirements:

• You have been living in the UK for at least 5 years under the Spouse visa or Partner visa.
• You have not stayed outside the UK for more than 180 days in any 12 months during the 5-year period.
• You must meet the financial requirements of £29,000 gross per year.
• You must satisfy the English language requirement.
• You have passed the Life in the UK test.
• You do not have a criminal record or any other reason why you should not be allowed to stay in the UK.

You must meet all other eligibility requirements depending on your circumstances. Speak to our expert immigration solicitors for legal advice and 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" gives permission to overseas workers to work in the UK with an approved employer.

UK Skilled Worker visa is a long-term work visa and route to the 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 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 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

You'll need to provide:

• Current valid passport or travel document
• Biometric residence permit (BRP) - if issued
• Evidence that you have been living in the UK continuously for the qualifying period
• Evidence of absence from the UK
• Evidence to prove your knowledge of English
• Life in the UK test certificate

Above is a general list of documents. You might need to provide additional documents depending on your circumstances and the type of your ILR application. 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

The Indefinite Leave to Remain (ILR) application processing time is normally between 3 and 6 weeks. However, you may be able to use priority service for a faster decision.

This period allows the Home Office to review the application, verify documents, and possibly request additional information or an interview.

Applicants are advised to apply well before their current leave expires to ensure continuous legal status in the UK.

Immigration solicitors for ILR applications