Indefinite Leave to Remain (ILR) in the UK – Your Ultimate Guide

Indefinite Leave to Remain (ILR) grants you the right to stay in the UK permanently, free from visa restrictions.

With ILR, you can:

• Work and study without limitations.
• Access healthcare and public funds (where eligible).
• Travel freely in and out of the UK for life.

It’s also the final step before applying for British citizenship, giving you full rights as a UK national. Note that once you secure ILR, you will lose your ILR status if you leave the UK for more than 2 years in a single trip or more importantly, if the Home Office can establish you are not living in the UK permanently. This is why we always recommend you secure British citizenship (or Right of Abode if you cannot be a dual-national) to guarantee your right to return to the UK for life.

To qualify for ILR, you must meet several key requirements, including:

• Qualifying Residency Period: Typically, 5 years on a visa such as a Spouse Visa, Skilled Worker Visa, Dependent Visa, or Ancestry Visa — or 10 years under the Long Residence rules (a combination of residence visas (not Visitor Visas) such as a Student Visa, Graduate Visa, Skilled Worker Visa, etc.).
• Continuous Residence: Minimal absences from the UK during your qualifying period. – the standard rule under the Calculating Continuous Residence caseworker guidance (5-year ILR rules) states you are not permitted to be outside the UK for more than 180 days in ANY given 12-month period in the last 5 years. This rule also applies to the 10-year ILR long residence rules for trips taken after April 2024. For trips taken before, the old rules apply – no single trip longer than 180 days and no more than 548 days in total outside the UK in the 10-year qualifying period (not including the day you left and returned to the UK).
• Good Character: No serious breaches of immigration law or criminal convictions.
• Knowledge of Language and Life in the UK (KoLL): You must satisfy both the English language requirement and pass the Life in the UK test. You can do this by taking the Trinity College B1 test or using a degree taught in English (along with ECCTIS Comparability & English proficiency statements if needed).
• Typically, there are additional category-specific requirements that can be found in the appropriate caseworker guidance or immigration rule pages. Should you need our advice, feel free to book a consultation with one of our ILR immigration consultants or sign up for our Expert Checking or full representation services.

To learn more about the ILR eligibility requirements, we recommend the following research links:

• The UKVI ILR eligibility checker which is the main ILR page for Skilled Worker Visa holders.
• The UKVI ILR page for UK Partner Visa holders.
• The UKVI page for Ancestry Visa holders.
• The UKVI page for 10-year ILR Long residence.
• The ILR immigration rules for each specific category. You can find the ILR rules stated under each category of visa at the end of that category's rules.

Timing is crucial. You can apply for ILR no earlier than 28 days before completing your qualifying residency period of either 5 years (Calculating Continuous Period caseworker guidance) or 10 years (via the Long Residence rules). Applying too early or late may result in a refusal.

As a guide for the 5-year rules: the easiest way to work out the first date you can apply for ILR would be 28 days before the end of the 5-year qualifying period. Note that the caseworker will calculate your qualifying period by working BACKWARDS from whichever date is most beneficial for you when they make their decision – the date of application, 28 days AFTER the date of application, or the date of the ILR decision. The safest start date you could choose for the start of the 5-year qualifying period would be the date you arrived in the UK on the ILR-eligible visa or the date the first ILR-eligible visa was issued (if you switched visa category within the UK).

As a guide for the 10-year Long Residence rules: we always recommend clients calculate the start date of the 10-year ILR qualifying period as the date they arrived in the UK (on an eligible category, as Visitor Visas no longer count from January 2024) or when they switched within the UK to a residence visa category for the first time. You can apply for 10-year Long Residence ILR up to 28 days before the end of the 10-year qualifying period.

Here’s how the ILR application process works:

• Choose the Correct Application Form: Depending on your visa type, most applicants will use the SET(O) ILR online application form (Skilled Worker Visa and Dependents, Ancestry Visa holders, etc.), SET(M) ILR online application form (for UK Partner Visa holders), and the SET(LR) ILR online form when applying for 10-Year Long Residence ILR.
• Prepare Your Documents: Gather all required evidence, including proof of residence, financial documents, and KoLL test results.
• Submit Your Application Online: Complete the online form and pay the required fees.
• Attend a Biometrics Appointment: Provide fingerprints and a digital photo at your nearest TLS centre in the UK. Ensure you take your current passport, BRP card (if applicable), the TLS booking confirmation printout, and the Document Checklist (both can be downloaded after submitting the online form).
• Wait for a Decision: Processing times vary, but the Priority Service can speed up the process to either 5 working days or 1 working day after your biometric appointment. Note that biometric appointments are typically 2-3 weeks after submission but can be anywhere between a few days after submission up to 28 days (if a busy period).

Yes! If you’re in a hurry, the Priority Service allows you to get a decision within 5 working days of your biometrics appointment for an additional fee to UKVI of £500. There is also a Super Priority Service to secure your ILR approval within 1 working day of biometrics for an additional £1,000 (both are subject to availability). You can check whether the Priority Service is available for your category of application form on the UKVI’s Get a Faster Decision page.

• Application Fee: £2,885 per person for the 6-month Standard Service (November 2024)
• Priority Service (optional): £500 extra per person for the 5 working days from biometrics Priority Service (£3,385), or £1,000 extra for the 1 working day from biometrics Super Priority Service (£3,885).
• NHS Surcharge: Unlike other visas, no NHS surcharge is payable for ILR applications.

To find out the current ILR application fees, visit the UKVI’s UK Visa Fees page.

There are several routes to ILR depending on your visa type:

• 5-Year Route: Common for Spouse/Civil Partner/Unmarried Partner, Skilled Worker, and Ancestry Visa holders.
• 10-Year Long Residence: This category applies to those who have legally resided in the UK for 10 continuous years on a combination of any category of residence visas (Student/Graduate/Skilled Worker Visas, etc. - time on Visitor Visas are not counted).
• Family Members: Spouses or dependents of British citizens or settled persons can qualify under the 5-year Family Visa route.
• Dependents of Skilled Worker Visas/Ancestry Visas/Exceptional Talent Visas: can qualify under the 5-year ILR rules.

Your ILR application should include:

• A cover letter. 
• A valid passport or travel document.
• A copy of your current visa (BRP card or online status).
• Any marriage and divorce certificates (if applicable).
• Children’s birth certificates and passport copies (if applicable).
• Evidence of suitable accommodation.
• Evidence of financial stability (if applicable to your visa type).
• Knowledge of Language and Life (KoLL) test results.
• Category-specific documents as advised in the caseworker guidance documents or at the end of the online application form.

If you want our expert advice and guidance on the documents needed to ensure a perfectly presented application, consider signing up for a consultation. We also provide our bespoke document lists and supporting document templates with our Checking and Full Representation services.

The KoLL requirement ensures applicants are well-integrated into UK society. It consists of:

• English Language Requirement: Prove proficiency with an accepted English test, degree taught in English, or as a national of an English-speaking country.
• Life in the UK Test: You will need to buy the study guide, practice free tests online, and book to take a multiple-choice exam covering UK history, culture, and traditions at the nearest test centre. You can book the Life in the UK test here.

While ILR grants permanent residency, there are conditions:

• Absence from the UK: you may lose your ILR status if you leave the UK for more than 2 consecutive years OR if the Home Office can establish you are not living in the UK permanently. The second requirement could affect you if you move overseas holding ILR and fly back every 18 months to reset the two years in a single trip clock. When you try this in years 3 or more of living outside the UK, the Home Office, looking at your flight history, could deny you entry and ask you to return to your country of residence to submit a Returning Resident application. This application considers your strength of ties to the UK and whether you keep your ILR status. If your link to the UK is poor, you may have to start the 5-year or 10-year path to ILR again on residence visas. Consider securing British citizenship via naturalisation or Right of Abode to avoid this potential issue in the years to come.
• If your nationality requires you to secure Visitor or Schengen Visas to travel the world: unfortunately, you will still need to obtain these visas even when you secure your ILR Visa. The only way to no longer need to apply for many Visitor Visas is to become British via naturalisation.

The benefits you can enjoy holding ILR status:

• You can be employed, self-employed, and study and are entitled to claim benefits (and claiming benefits will not affect any future application to become British).
• You can live in the UK for the rest of your life without applying for another UK Visa.
• It will be easier to secure a mortgage as your mortgage provider can see you have no expiry date on your visa.

ILR provides permanent residency, but British citizenship gives you full rights as a UK national, including the right to vote and hold a British passport. You can apply for citizenship after holding ILR for 12 months (or immediately if married to a British citizen). While ILR secures your future in the UK indefinitely, it does not mean you any longer have to apply for Visitor Visas to travel to many countries (if your nationality requires you to now).

In our opinion, an ILR Visa is still another visa, and the law could be changed at any time. This is the main reason, as well as the reasons stated above, that we recommend all or our clients consider securing British citizenship to truly secure their future and family’s future in the UK. Should you secure British nationality, you can live overseas for as many years as you like and can always return later.

Check out our British Citizenship via naturalisation page for more information about securing British nationality.

With over 17 years of experience and 40,000 successful visa approvals, First Migration is your trusted partner for a stress-free ILR application process. We offer:

• Expert advice tailored to your circumstances.
• Comprehensive document lists and document templates, and an immigration consultant specialising in ILR cases reviews your documents.
• A proven track record of success.
• Probably the best reputation in our industry for delivering what we promise with a 5-star service.
• No separate sales and caseworker teams, simply an expert immigration consultant to work with you all the way to British citizenship.
• There are differing levels of service depending on whether you want to apply yourself (Consultation or Checking Service) or want us to guide you through from start to finish (Full Representation Service).

Are you ready to make the UK your permanent home and considering using our services? Use our contact form above today to request a callback from an immigration consultant specialising in the ILR rules. We look forward to discussing your case and eligibility for ILR shortly.