Indefinite Leave to Remain — usually shortened to ILR — is the permission that allows you to live permanently in the UK without any immigration time limit. It is the final major milestone in most people’s UK immigration journey, and the gateway to British citizenship.
This guide provides a practical overview of the requirements before applying. For hands-on help, see our Indefinite Leave to Remain service.
What Is ILR?
ILR (sometimes called settlement or permanent residency) means that:
- You can remain in the UK permanently
- You can work in any job without immigration restrictions
- You are no longer subject to the “no recourse to public funds” condition
- You can access public funds on the same basis as UK citizens
- You may later apply for naturalisation if eligible; a British passport application follows acquiring British citizenship
ILR does not expire — but it lapses if you spend more than 2 consecutive years outside the UK.
Routes to ILR
Skilled Worker Route (5 Years)
The most common route for employed professionals. After 5 continuous years on a Skilled Worker visa, you can apply for ILR.
Key requirements:
- 5 years continuous lawful residence (can combine certain eligible routes)
- Current salary at or above the applicable ILR threshold
- Normally no more than 180 days outside the UK in total in any rolling 12-month period, subject to permitted exceptions
- Life in the UK Test pass certificate
- English language at B1 CEFR level (unless exempt)
- Good character
Spouse / Partner Route (5 Years)
After 5 years on a spouse or partner visa (including extensions), you may apply for ILR.
Long Residence (10 Years)
If you have lived continuously and lawfully in the UK for 10 years — through a combination of qualifying immigration categories — you may apply for ILR based on long residence.
This route has more complex absence rules and requires careful documentation of your entire immigration history.
Other Routes
ILR is also available via Global Talent, Innovator Founder and other qualifying routes. Global Business Mobility does not directly lead to settlement. Some legacy categories (pre-PBS routes) also have ILR provisions.
The Absence Rule — Explained
Absences must be assessed under the rules for the specific settlement route and dates.
For Skilled Worker settlement, normally you must not have been absent from the UK for more than 180 days in any single 12-month period during the qualifying residency.
Important: This is a rolling 12-month calculation, not a calendar year calculation. UKVI counts backwards from the date of your ILR application and checks every possible 12-month window within your qualifying period.
Practical example: Three trips containing 70, 65 and 50 whole days outside the UK within the same rolling 12-month period total 185 days. Each trip is shorter than 180 days, but together they exceed the normal limit. Travel dates and any permitted exceptions must be checked.
What counts as absence? Normally whole days outside the UK count, including work trips and holidays; departure and return days are not normally counted. Permitted absences and special research provisions require individual assessment.
Can absences be explained away? In limited circumstances — such as compelling and compassionate reasons, or COVID-19 related disruptions where specific guidance applied — UKVI may exercise discretion. However, this is not guaranteed, and the bar for discretion is high.
What to do if you have exceeded 180 days:
- Do not apply until you have taken legal advice
- Options include waiting for the problematic 12-month window to fall outside your qualifying period, or seeking discretion with a strong supporting statement
- In some cases, the long residence route (10 years) is more appropriate
Salary Requirements at ILR Stage
A point often missed: you must meet the relevant salary threshold not just when you applied for your original visa, but at the time of your ILR application.
For most Skilled Worker ILR applicants, this means meeting the usual £41,700 threshold and applicable occupation going rate, subject to route-specific exceptions as of the date you apply for ILR — not the threshold that applied when you first entered.
If you have had a gap in employment, changed roles, or had a pay reduction, you must assess whether your current salary meets the requirement.
The Life in the UK Test
This is a mandatory requirement for most ILR applicants aged 18–65. The test:
- Consists of 24 multiple choice questions
- Is drawn from the official “Life in the United Kingdom: A Guide for New Residents” handbook
- Requires a score of 18/24 to pass (75%)
- Costs £50 per attempt
- Is taken at an approved test centre
Exemptions: Over 65 (age); certain physical or mental conditions that prevent comprehension.
Preparation: The questions are drawn exclusively from the official handbook. We recommend 4–6 weeks of focused study using the official materials. Practice tests are widely available online.
English Language Requirement
Most ILR applicants must demonstrate English language ability at B1 CEFR level (intermediate) or above.
How to satisfy the requirement:
- Hold a degree taught in English (from the UK or a majority English-speaking country)
- Pass an approved English language test (e.g. IELTS for UKVI, LanguageCert)
- Be a national of a majority English-speaking country (e.g. USA, Canada, Australia, New Zealand, Ireland)
- Have previously met the requirement for a visa application with a test taken from an approved provider
Good Character Requirement
UKVI assesses good character as part of every ILR application. This involves checks against:
- The Police National Computer (criminal records)
- HMRC records (to identify discrepancies between earnings declared to UKVI and declared to HMRC)
- UK Border records (to identify overstays, breaches of conditions, or deception in previous applications)
Common issues:
Criminal convictions: Certain offences result in mandatory refusal. Others are assessed on a case-by-case basis depending on the sentence, time elapsed, and nature of the offence.
Tax discrepancies: This is an increasingly significant issue. Where income declared in previous visa applications differs from income declared to HMRC, UKVI will investigate. We advise clients to review their HMRC record before applying.
Previous breaches of conditions: Overstays, working in breach of conditions, or misrepresentation in previous applications can all affect eligibility.
The Application Process
Step 1: Check Eligibility
- Confirm qualifying period (5 or 10 years as appropriate)
- Calculate absences — we provide a detailed absence calculation for every ILR client
- Check salary compliance
- Review immigration history for any issues
- Confirm Life in the UK Test and English language are in order
Step 2: Gather Documents
Typical documents for a Skilled Worker ILR application:
- Passport(s) covering the qualifying period
- Current and previous BRP cards (or eVisa records)
- Life in the UK Test pass certificate
- English language evidence
- P60 documents and payslips confirming salary
- Employment letter confirming current employment, role, and salary
- Absence list (dates and reasons for each absence from UK)
Step 3: Submit Application
Apply using the GOV.UK settlement application for your specific route. An application for further limited leave is not an ILR application. Check the Skilled Worker settlement application and fees or the corresponding family or long-residence guidance.
Biometric enrolment is required as part of the application.
Step 4: Decision
GOV.UK normally gives a six-month decision timeframe for Skilled Worker settlement after identity and biometric requirements are completed. Availability of faster services depends on the route and application. Additional checks may take longer.
After ILR: The Path to British Citizenship
Usually after holding ILR for 12 months, or without that waiting period if married to a British citizen and meeting the separate three-year residence rules, you may apply for naturalisation as a British citizen, provided:
- You have been residing in the UK for the required qualifying period
- You meet the naturalisation residence and absence rules: normally 450 days in five years, or 270 days in three years when applying as a British citizen’s spouse, and normally no more than 90 days in the final year
- You meet the English language and Life in the UK Test requirements
- You are of good character
British citizenship entitles you to a British passport, full voting rights, and the ability to live and work in the UK and EU (for some purposes) without restriction.
Frequently Asked Questions
Can I apply for ILR if I have changed jobs during the 5 years? Yes. Changing employer does not reset your qualifying period, provided you were continuously lawfully resident throughout and met the conditions of your visa (including having a valid visa and, where applicable, the required CoS for each role).
What if my current employer does not have a Sponsor Licence? This is a significant issue. If you are working for an employer who does not hold a valid Sponsor Licence, you may be in breach of your visa conditions — which could affect your ILR application. Get urgent advice.
Can I take a gap year before applying for ILR? You can, but you must be careful. Any period where you have no valid leave in the UK could break your continuous residence. Always ensure your current leave is extended before it expires if you are approaching the qualifying period.
What happens to my children when I get ILR? Children who are dependants on your current visa can apply for ILR alongside you. Children born in the UK to a person with ILR may, in some circumstances, have an automatic right of British citizenship.
Get Help With Your ILR Application
ILR is one of the most significant immigration applications you will make. The stakes are high, the requirements are detailed, and the government fee is substantial. A refusal means delay, cost, and potentially years of uncertainty.
LegumLex provides a comprehensive ILR service — including a detailed absence and eligibility assessment before submission, full document preparation, and expert advice on any complications in your history.