UK Indefinite Leave to Remain (ILR) Requirements

To qualify for Indefinite Leave to Remain (ILR) in the UK, you generally need 5 years' continuous lawful residence on a settlement route (or 3 years on some Global Talent and Innovator Founder cases, or 10 years under the Long Residence route), no more than 180 days outside the UK in any rolling 12-month period, a pass in the Life in the UK test, English at CEFR B1 level, and a clean record on the "suitability" (good character) requirements. The current Home Office fee is £3,226 per applicant.

Rule-change alert: the government's "earned settlement" reforms, which would extend the standard qualifying period from 5 to 10 years, are expected around Autumn 2026 but had not taken effect as of this review. If you are approaching eligibility under the current 5-year rules, we recommend seeking advice about applying as soon as possible.

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What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR), often called "settlement", removes all time limits on your stay in the UK. Once granted, you can live, work and study without visa restrictions, access most public services, sponsor family members, and after a further qualifying period, apply for British citizenship.

ILR is usually the final immigration status before naturalisation, and getting the application right the first-time matters: a refusal is not only costly but can also affect your immigration history for future applications.

UK ILR Requirements

To qualify for Indefinite Leave to Remain (ILR), you'll typically need 5 years of continuous UK residence, a pass in the Life in the UK test, English at B1 level, and no more than 180 days spent abroad in any 12-month period.

While the exact rules vary by visa route, almost every ILR application must satisfy five requirements:

1. Qualifying period:a set number of years of continuous lawful residence in the UK on an eligible route.
2. Continuous residence:no more than 180 days spent outside the UK in any rolling 12-month period (for most routes).
3. English language:proof of English at CEFR level B1 or above, unless already evidenced through a prior visa route.
4. Life in the UK test:a pass certificate from the 24-question test, valid for life once achieved.
5. Suitability (good character):no unspent convictions, immigration breaches, deception in past applications, or outstanding NHS debt over £500.

Qualifying Periods by Visa Route

The continuous residence period you need to qualify for ILR depends entirely on which route you have been living under. The table below summarises the current position.

This table is a general summary. Route-specific Immigration Rules (for example Appendix Skilled Worker or Appendix FM) contain further conditions that affect eligibility, so we always recommend a case-specific assessment before applying.

ILR Requirements for Skilled Workers

To qualify for Indefinite Leave to Remain (ILR) as a Skilled Worker in the UK, you must live there continuously for 5 years, meet the minimum salary requirements, pass the Life in the UK test, and remain within the absence limit.

The main ILR requirements for Skilled Worker visa holders are:

• 5 years of continuous residence in the UK
• Employment with an approved sponsor at the time of application
• Meeting the applicable salary threshold or going rate for your occupation
• Passing the Life in the UK test (unless exempt)
• Meeting the English language requirement (where applicable)
• Complying with the 180-day absence rule during the qualifying period
• Meeting the Home Office suitability requirements, including no serious criminal convictions or immigration breaches

ILR Requirements for Spouses of British Citizens

To qualify for ILR as the spouse of a British citizen, you must complete 5 years of continuous residence on a partner visa, maintain a genuine and subsisting relationship throughout, and meet the financial requirement.

The main ILR requirements for spouses of British citizens are:

• 5 years of continuous residence in the UK on the partner route
• A genuine and subsisting relationship maintained throughout the qualifying period
• Meeting the minimum income requirement, or an accepted alternative such as savings
• Passing the Life in the UK test (unless exempt)
• Meeting the English language requirement at CEFR B1
• Complying with the 180-day absence rule during the qualifying period
• Meeting the Home Office suitability requirements, including no serious criminal convictions or immigration breaches

Victims of domestic abuse may qualify for settlement immediately, without completing the full 5-year period.

ILR Requirements Under the Long Residence Route

To qualify for ILR under Long Residence, you must complete 10 years of continuous lawful residence in the UK on any combination of visas, without breaching the absence limits that apply to this route.

The main ILR requirements under the Long Residence route are:

• 10 years of continuous lawful residence in the UK, on any combination of visa categories
• No single absence of more than 184 days
• No more than 548 days' total absence across the full 10-year period
• Passing the Life in the UK test (unless exempt)
• Meeting the English language requirement at CEFR B1
• Meeting the Home Office suitability requirements, including no serious criminal convictions or immigration breaches

ILR Requirements for Refugees

To qualify for ILR as a refugee, you generally need 5 years of continuous residence in the UK on refugee or humanitarian protection status, and you must still need protection at the time you apply.

The main ILR requirements for refugees are:

• 5 years of continuous residence in the UK with refugee status or humanitarian protection
• Residence counted from your protection grant date, not your arrival or asylum claim date
• Continuing to need protection, with no revocation of your status
• No more than 180 days outside the UK in any rolling 12-month period
• Exempt from the English language and Life in the UK test requirements
• Meeting the Home Office suitability requirements, including no serious criminal convictions or immigration breaches
• Applying via the "Settle in the UK – refugee or humanitarian protection" form while physically present in the UK

Refugees granted status before March 2026 typically hold 5 years of leave before applying. Those granted status from March 2026 onward first receive a 30-month grant, with settlement assessed later under revised rules.

ILR Continuous Residence and the 180-Day Rule

For most work and family routes, you must not have spent more than 180 days outside the UK in any rolling 12-month period during your qualifying residence. This is assessed on a rolling basis; the Home Office checks every possible 12-month window throughout your qualifying period, not fixed calendar years.

Common mistakes include:

• Counting absences by calendar year instead of rolling windows
• Forgetting to include travel days in the total
• Assuming work-related travel is automatically excluded; it is not, unless a specific exception applies
• Not keeping documentary evidence to explain longer absences (illness, bereavement, exceptional work circumstances)

The Long Residence (10-year) route has its own historic absence rules, including a limit on any single absence and on total absences across the whole period, so it should be assessed separately from the 180-day rule that applies to 5-year routes.

Knowledge of English Requirement for ILR

Most ILR applicants must demonstrate English at CEFR level B1, either through an approved Secure English Language Test (SELT), a degree taught in English, or nationality from a majority English-speaking country. Where a previous visa already required B1 evidence, this may not need to be repeated. From 26 March 2027, the requirement is due to rise to B2 for most routes, so anyone approaching that date should plan their test booking accordingly.

The Life in the UK Test Requirement for ILR

Almost all ILR applicants must also pass the Life in the UK test: 24 multiple-choice questions, a 75% pass mark, a £50 booking fee, and a pass certificate that remains valid for life, useful again later for citizenship.

Good Character and Suitability

Even where the residence, language and test requirements are met, an application can still be refused on suitability grounds. This includes unspent criminal convictions, breaches of immigration conditions (such as working in breach of visa restrictions), deception in a previous application (including salary or employment misrepresentation), and unpaid NHS debt over £500.

The government's ongoing settlement reform consultation has also proposed tightening these criteria further, so applicants with any past compliance issues should seek advice before applying.

Documents Needed for ILR

To apply for ILR, you'll generally need your passport/BRP, proof of continuous UK residence, your Life in the UK test certificate, English language evidence, and route-specific proof such as sponsorship or relationship documents.

• Your valid passport
• BRP/eVisa
• residence evidence (payslips, P60s, bank statements) for the qualifying period
• Travel history
• Life in the UK test certificate (unless exempt)
• English language evidence at B1 (unless exempt)
• Route-specific documents, sponsorship letter, marriage certificate, or protection grant letter depending on your visa

See our full ILR documents checklist for a complete list by visa route.

ILR Application Fees and Costs

From 8 April 2026, the standard Home Office fee for ILR is £3,226 per applicant, with each dependant paying the full fee separately. There is no Immigration Health Surcharge on ILR applications. Additional costs typically include:

• £19.20 biometric enrolment fee
• £50 Life in the UK test booking fee
• SELT English test fee, if required (varies by provider)
• Optional £500 priority service (5 working days) or £1,000 super priority service (next working day), where available

Fees are not refunded if an application is refused, which makes getting the eligibility assessment right before submission particularly important.

The Autumn 2026 "Earned Settlement" Reforms

Following the 2025 Immigration White Paper, the government consulted on extending the standard ILR qualifying period from 5 to 10 years, alongside stricter minimum suitability criteria. The consultation closed on 12 February 2026 with over 200,000 responses, and reforms are expected around Autumn 2026, though the final detail — including any transitional protection for people already partway through their qualifying period — was not yet confirmed at the time of writing. Anyone approaching their 5-year eligibility date should treat this as a strong reason to take advice promptly rather than delay their application.

How Our Immigration Solicitors Can Help

An ILR refusal is costly, non-refundable, and can complicate future applications. Our team of specialist immigration solicitors supports clients through every stage of the settlement process:

• auditing travel history against the 180-day rule
• reviewing sponsorship and employment records for Skilled Worker and Health and Care Worker cases
• preparing suitability responses where there is a past compliance issue
• managing the full application through to biometric enrolment and decision

We also advise on the practical impact of the proposed 2026 reforms for clients partway through a qualifying period.

Need Help with Your ILR Application?

Make sure your application is based on the correct settlement route and that you meet the relevant requirements before you apply.

Wembley Solicitors is a specialist immigration law firm in London providing advice and assistance with Indefinite Leave to Remain applications.

We can help you assess your eligibility, review your immigration history and supporting documents, identify potential issues and assist with your ILR application.

To get specialist advice about your Indefinite Leave to Remain (ILR) application, speak to an experienced ILR solicitor on 020 3417 3700 or complete our online enquiry form.

Frequently Asked Questions