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ILR & Settlement · 9 min read

What is ILR? Indefinite Leave to Remain in the UK Explained

What ILR means, who qualifies, the five-year qualifying period, rights you get, how long it takes, and the difference between ILR and settled status — all explained.

Indefinite Leave to Remain (ILR) is the UK immigration status that gives you permission to live and work in the UK permanently, without any time limit on your stay. It is the step before British citizenship and, for most people, the first form of settled status they apply for.

What does ILR mean?

ILR stands for Indefinite Leave to Remain. “Leave” in immigration law means permission to be in the UK. “Indefinite” means there is no expiry date on that permission. Once you have ILR, you do not need to renew a visa, you can live and work in the UK without restrictions, and you can re-enter the UK freely for up to two years at a time.

ILR is sometimes called “settlement”. The two terms mean the same thing. If you are an EU, EEA, or Swiss national who applied under the EU Settlement Scheme, your equivalent status is called “settled status” rather than ILR — but it confers the same rights.

Who can apply for ILR?

Most visa holders can apply for ILR after completing five continuous years of lawful residence in the UK on a qualifying route. The main qualifying routes are:

  • Skilled Worker (formerly Tier 2 General)
  • Spouse, civil partner, or unmarried partner visa
  • Student visa (with subsequent work visa years)
  • Innovator Founder (three-year qualifying period)
  • Global Talent
  • High Potential Individual
  • UK Ancestry
  • Domestic Workers in Private Households

Some routes do not lead to ILR, including the Graduate visa and the Standard Visitor visa. If you are on a route that does not lead to settlement, you would need to switch to a qualifying route first.

The five-year qualifying period

In most cases, you must complete five continuous years on a qualifying route. “Continuous” does not mean you cannot travel — it means you must not have been absent from the UK for more than 180 days in any 12-month period during the five years.

The five years must be immediately before the date of your ILR application. If you have a gap in lawful residence — for example, you let your visa expire before extending — that gap can break the continuity and restart the clock.

Note on the proposed 10-year qualifying period

The UK government has proposed extending the qualifying period for settlement to 10 years for some routes. As of May 2026, this change has not been enacted in law. The qualifying period remains 5 years for most routes. Check GOV.UK for the current position before applying.

ILR eligibility requirements

To be granted ILR, you must meet all of the following requirements at the time of your application:

1. Five years of continuous lawful residence

Your visa must have been valid for the entire period. Each individual visa does not need to be for five years — you can combine multiple consecutive visas on the same route (for example, an initial 3-year Skilled Worker visa followed by a 2-year extension).

2. Absence requirement

You must not have been outside the UK for more than 180 days in any rolling 12-month period during the qualifying five years. This is checked against every possible 12-month window, not just calendar years. Absences for annual leave, family visits, and business travel all count.

3. Life in the UK test

You must pass the Life in the UK test at an approved test centre. The test has 24 questions drawn from the official handbook and you need to score 75% (18 out of 24) to pass. The test costs £50. You must be aged 18–64 — applicants aged 65 or over and those with certain long-term conditions are exempt.

4. English language requirement

You must demonstrate English to B1 CEFR level or above. You can meet this by passing an approved Secure English Language Test (SELT), holding a degree taught in English, or being a national of a majority English-speaking country. If you met the English requirement when you were granted your current visa, you typically do not need to re-sit a test.

5. No public interest grounds for refusal

You must not have any unspent criminal convictions, outstanding NHS debts over £500, or other factors that count against you in the public interest assessment. The Home Office will run standard checks at the time of decision.

6. Still in the qualifying employment or relationship

For Skilled Worker ILR applicants, you must still be working for your licensed sponsor at the time of application (or have a new offer from a different sponsor). For spouse and partner visa applicants, your relationship must still be subsisting.

What rights does ILR give you?

  • Live in the UK without a time limit on your stay
  • Work for any employer in any role — you are not tied to a sponsor
  • Access public funds (benefits, NHS, state pension) on the same terms as British nationals
  • Re-enter the UK freely for up to two years at a time without a visa
  • Apply for a UK biometric residence permit (or the equivalent eVisa document)
  • Apply for British citizenship after a further qualifying period (usually one year)

ILR vs settled status: what is the difference?

ILR and settled status are functionally identical — both are forms of indefinite permission to live and work in the UK. The difference is the application route:

  • ILR is granted through the standard points-based system application routes (Skilled Worker, spouse visa, etc.).
  • Settled status is the equivalent granted to EU, EEA, and Swiss nationals who applied under the EU Settlement Scheme before 30 June 2021 (or later in some circumstances).

What happens to ILR if you leave the UK?

ILR lapses if you are outside the UK for a continuous period of two years or more. This is a common and serious risk for people who return to their home country for an extended period. If your ILR lapses, you would need to apply for a Returning Resident visa to re-enter.

Settled status under the EU Settlement Scheme lapses after five years absence rather than two.

If you hold British citizenship, this issue does not apply — citizenship cannot lapse simply because you live abroad.

How to apply for ILR

Applications are submitted online through the GOV.UK system. You will need to complete the SET(O) form (or the equivalent online application for your route), upload supporting documents, pay the application fee, and in most cases attend a biometric appointment.

You can apply up to 28 days before your five-year qualifying period is complete, without that period counting against your qualifying window. Applying more than 28 days early means the application may be refused as premature.

For the full document list, eligibility check, and a personalised covering letter for your ILR application, visit the VisaVault ILR guide.

ILR application fee 2026

The Home Office fee for an ILR application varies by route. For most work and family route applicants, the fee is £2,885 per person as of April 2026. Dependants applying at the same time pay the same fee each. There is no Immigration Health Surcharge to pay for ILR (you pay it with your visa, not at settlement stage).

How long does an ILR application take?

Standard processing time is around 6 months from the date of application. A Super Priority Service (next working day decision) is available for most ILR routes at an additional fee of £1,000. The Priority Service (5 working days) is available for some routes.

You can continue to live and work in the UK while your ILR application is under consideration — your existing visa conditions remain in force until a decision is made.

Get your complete visa document pack

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VisaVault is a document preparation service, not an immigration adviser or solicitor. This article is based on current UKVI published guidance and is intended for general information only. Requirements change without notice. Always verify current requirements on GOV.UK before submitting your application.