SRA-regulated immigration solicitors · London & Milton Keynes
Personal Immigration

Indefinite Leave to Remain — Your Path to Permanent UK Residency

ILR is the legal status that allows you to live, work, and remain in the UK indefinitely — free of immigration conditions. It is one of the most significant milestones in any immigration journey, and a stepping stone to British citizenship.

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What Is ILR?

Indefinite Leave to Remain (ILR) — also known as settlement or permanent residency — gives you the right to remain in the UK without any immigration time limit. Once granted, you:

  • Can live and work in the UK without restriction
  • Are not subject to the no recourse to public funds condition
  • Are eligible to apply for British citizenship (usually after 12 months)
  • Hold a status that does not expire (though you must not be absent from the UK for more than 2 years)

ILR Routes

ILR for Skilled Workers

After 5 years of continuous residence on a Skilled Worker visa (or combination of eligible work routes), you may apply for ILR.

Key requirements:

  • 5 years continuous lawful residence
  • No single absence exceeding 180 days in any 12-month period
  • Current salary meets the ILR salary threshold
  • Pass the Life in the UK Test
  • English language at B1 CEFR level (unless exempt)
  • Good character requirement

ILR for Family Members (Spouse/Partner Route)

After a qualifying period on a spouse or partner visa (normally 5 years on the five-year partner route, or 10 years on the ten-year route), family visa holders may apply for ILR.

Key requirements:

  • Continued genuine relationship with the sponsoring partner
  • Adequate accommodation and financial maintenance
  • English language requirement
  • Life in the UK Test
  • Good character

ILR Based on Long Residence

Individuals who have lived continuously and lawfully in the UK for 10 years may apply for ILR based on long residence, subject to qualifying residence, current permission and other requirements.

Key requirements:

  • 10 years continuous lawful residence (can combine different visa types)
  • Absences within the applicable limits: the rules differ for periods abroad starting before and from 11 April 2024
  • Good character
  • English language (if under 65)

ILR for Other Routes

ILR is also available via routes including Global Talent and Innovator Founder, and certain legacy categories. Global Business Mobility does not lead directly to settlement. We advise on eligibility across all current and legacy routes.

Common ILR Complications

Absences from the UK Absence rules depend on the route and dates. Work-route settlement normally limits total absences to 180 days in a rolling 12-month period, but specified exceptions may apply. Family and long-residence routes need separate assessment. We review your absence history before application to identify any issues.

Tax irregularities The Home Office conducts HMRC checks as part of the good character assessment. Discrepancies between declared income (for visa purposes) and HMRC records can lead to refusal. We identify these risks early.

Gaps in lawful residence Any period where your leave expired before you applied for an extension, or where you held no valid leave, can affect your ILR eligibility. We advise on how to address gaps and whether you are still eligible.

Criminal convictions The good character requirement means some criminal convictions will affect eligibility. We provide honest advice on the impact of any adverse history.

Life in the UK Test

The Life in the UK Test is a mandatory requirement for most ILR applications (applicants aged 18–64). It consists of 24 multiple-choice questions drawn from the official handbook. A score of 18/24 is required to pass.

We recommend clients use the official Government study materials and allow at least 4 weeks of preparation.

How LegumLex Helps

ILR refusals are often avoidable. Our service is built around catching problems before they reach UKVI:

  • A detailed, written absence calculation across your entire qualifying period
  • A salary-threshold compliance check as at your intended application date
  • A review of your immigration history for gaps, condition breaches, or tax discrepancies
  • Full preparation of forms, the document checklist, and supporting representations
  • Honest advice where the long-residence route or a delayed application is the safer option

If your application is refused, we also advise on administrative review and appeal options.

Fees

Government charges depend on the application and can change. Check the current GOV.UK fees and application guidance, including any health surcharge and optional priority service, before paying.

See our fees page for professional fee information.

Official Guidance

FAQ

Common Questions

How is the 180-day absence rule calculated?

For most routes you must not be absent from the UK for more than 180 days in any rolling 12-month period during the qualifying years. UKVI counts backwards from your application date and checks every 12-month window — it is not a calendar-year calculation. We review your full travel history before you apply.

Do I need to meet a salary threshold for ILR?

For most Skilled Worker ILR applicants, yes — you must meet the applicable salary threshold (normally £41,700 and the occupation going rate, subject to applicable exceptions) at the time of the ILR application, not only when you first entered. We check current salary compliance for every client.

What is the Life in the UK Test?

It is a mandatory 24-question multiple-choice test for most applicants aged 18–64, drawn from the official handbook. You need 18/24 to pass. We recommend 4–6 weeks of preparation using the official materials.

Can tax discrepancies affect my ILR application?

Yes. UKVI conducts HMRC checks as part of the good character assessment. Differences between income declared for visa purposes and income declared to HMRC can lead to refusal. We identify and address these risks early.

This page provides general information about Indefinite Leave to Remain and does not constitute legal advice. For advice specific to your circumstances, please contact us for a consultation.

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