Indefinite Leave to Remain (ILR) UK Guide 2025

What this article is about: This guide sets out the current UK rules on Indefinite Leave to Remain (ILR), including who qualifies, how continuous residence and absences are assessed, Knowledge of Language and Life in the UK (KoLL) requirements, suitability and refusal grounds, the application process, fees and timelines, dependants, proving and keeping ILR, and the route from ILR to British citizenship. It applies the present Immigration Rules and official guidance as of September 2025, and clearly separates proposed but not-yet-implemented reforms.

We also cover practical steps to prepare a robust application, common pitfalls that lead to refusal, and what to do if a decision is negative. A section summarises recent policy proposals (not yet law) that could lengthen the route to settlement and raise evidential thresholds, so applicants can plan appropriately.

Section A: What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is a form of immigration permission that allows a non-British, non-Irish national to live, work, and study in the UK on a permanent basis without time limits. It removes most work and study restrictions that apply to limited visas and provides a stable platform for long-term residence and, where eligible, an eventual application for British citizenship. ILR is granted on application to the Home Office when strict residence, knowledge and suitability criteria are met under the Immigration Rules.

1. Core rights and legal effect

Holders of ILR may take employment in any occupation or sector, become self-employed, or start and run a business without sponsorship or salary thresholds tied to visas. They may undertake any course of study without immigration restrictions and, subject to eligibility rules that apply to all residents, access the National Health Service and certain public funds. Children born in the UK while a parent holds ILR are automatically British at birth. ILR does not itself confer a British passport or the right to vote in UK parliamentary elections; those arise on naturalisation as a British citizen.

2. Benefits in practice

Employment and business: No sponsor licence, Certificate of Sponsorship, occupation lists or salary floors are required once ILR is granted. Side-gigs, multiple jobs and self-employment are permitted.

Education and daily life: Access to schooling and higher education is available on the same basis as settled residents, and domestic fees or student finance may be available where the statutory criteria are met. Routine interactions such as renting, banking and driving licensing are simplified when digital proof of status (eVisa) is available.

Family life: Eligible family members may join or remain with an ILR holder under the family routes, subject to the separate requirements for those categories. Children born in the UK after ILR is granted are British without an application.

Citizenship pathway: ILR is a prerequisite for naturalisation (most applicants need to hold ILR for at least 12 months before applying, unless married to a British citizen).

3. How ILR differs from other statuses

Limited visas (work, study, family): These are time-limited and condition-bound (for example sponsored employment, ATAS conditions, “no recourse to public funds”). ILR removes those time limits and most conditions.

“Settlement” visas versus ILR: Some routes are designed to lead to settlement (for example partner or Skilled Worker routes). They still confer limited leave until ILR is granted; the settlement outcome is ILR.

British citizenship: Citizenship provides the right to a British passport and the right to vote in all UK elections. ILR is a preceding stage and does not carry those nationality rights.

EU statuses: “Settled status” under the EU Settlement Scheme is equivalent in effect to ILR but arises under different rules. The historic “permanent residence” system for EEA nationals has been superseded.

Right of Abode: This is a separate form of unrestricted residence held by British citizens and by some qualifying Commonwealth citizens. It is not ILR and does not convert into ILR.

Further Leave to Remain (FLR): FLR extends a limited visa; it does not confer permanence. After sufficient qualifying residence on an eligible route, a person may apply for ILR.

4. Status durability, lapse and revocation

ILR is not limited by time but can be lost. It will normally lapse if the holder is absent from the UK for over two consecutive years (different rules apply to certain Crown service and armed forces circumstances). Where ILR lapses, a Returning Resident application may be available to resume settlement. Separately, ILR may be revoked on suitability grounds, including where a person is liable to deportation, obtained leave by deception, or ceases to qualify as a refugee where ILR was granted on protection grounds. These suitability factors are assessed under the Immigration Rules, including the general grounds for refusal.

Section summary: ILR is the UK’s settled status under the Immigration Rules. It brings wide practical and legal advantages, removes the constraints of limited visas, and forms the legal bridge to British citizenship. However, it can lapse after prolonged absence and may be revoked on specified grounds, so applicants and holders should understand both its benefits and its limits.

Section B: Proposed Changes to ILR (Not Yet in Force)

This section summarises public policy proposals concerning ILR that have been announced but are not yet enacted in legislation. They should be treated as indicative only. Applicants should rely on the current Immigration Rules until any amendments come into force.

1. Longer qualifying residence

Government proposals published in May 2025 signal a potential extension of the standard ILR qualifying period from five years to ten years for many categories. If implemented, this would lengthen the overall route to citizenship because most applicants also need to hold ILR for 12 months before naturalising (unless married to a British citizen). Transitional arrangements have been trailed but not finalised.

2. “Earned settlement” criteria

A points-style assessment for settlement has been proposed, focusing on sustained economic activity (for example, tax-paying employment or business), work in priority sectors, English proficiency, and evidence of community contribution. The intent is to tie permanence to long-term integration and contribution rather than mere passage of time. Specific metrics, thresholds and evidential standards have not yet been legislated.

3. English language standard (potential increase)

The current ILR Knowledge of Language requirement is generally set at B1 speaking and listening. Proposals indicate a potential increase (for example to B2) for certain routes, but no binding rule change has been laid before Parliament at the time of writing. Until any change is enacted, applicants should meet the existing B1 standard where required.

4. Transitional and protected positions

Public statements have suggested that some groups (such as refugees and certain partnered routes) may retain shorter settlement pathways, and that transitional protections could apply to people already on a five-year route at the time of change. The final scope, timing, and eligibility for any protections will depend on the terms of the eventual legislation and guidance.

Section summary: The policy direction points toward longer residence, higher language standards, and contribution-linked settlement. None of these proposals apply until implemented through published rule changes. Applicants eligible under the current rules should plan on the basis of the existing framework and evidence accordingly.

Section C: ILR Eligibility and Core Requirements

ILR is granted only where an applicant can show they satisfy the requirements of the Immigration Rules for their route. These requirements cover residence, absences, knowledge of language and life in the UK, and suitability. The rules are strictly applied, and the burden of proof rests with the applicant.

1. Residence requirement

Applicants must complete the minimum qualifying period of lawful residence in the UK, which varies by route. Most work and family categories require five years; long residence requires ten years; some investment and talent-based categories allow accelerated applications after two or three years. Residence must be lawful under valid grants of leave.

2. Absence limits

Applicants must not have spent more than 180 days outside the UK during any rolling 12-month period of the qualifying period. All absences must be evidenced and explained, including business travel. Caseworkers apply a strict counting method based on whole days outside the UK. Excess absences normally break continuous residence, though limited discretion may be exercised for compelling reasons such as serious illness.

3. Knowledge of Language and Life in the UK (KoLL)

Most applicants aged 18–64 must pass both the Life in the UK test and an English language requirement at level B1 speaking and listening, unless exempt. Exemptions apply for certain nationalities and for individuals with long-term conditions supported by medical evidence. Academic qualifications taught in English may also satisfy the requirement where recognised by Ecctis.

4. Suitability requirements

ILR may be refused under the general grounds for refusal in Part 9 of the Immigration Rules. Grounds include criminal convictions, deception, NHS debt, civil penalties for illegal working, and other conduct issues. Applicants must disclose all convictions, whether spent or unspent. Refusal on suitability grounds prevents a grant of ILR even where all other eligibility criteria are met.

5. Route-specific requirements

Certain categories impose additional requirements. For example, Skilled Worker applicants must continue to meet minimum salary thresholds, job suitability, and sponsorship conditions. Innovator Founder applicants must show their business remains viable and endorsed. Family route applicants must evidence a genuine and subsisting relationship and, in many cases, meet financial requirements. Each route has distinct evidential standards as set out in its Immigration Rules appendix.

Section summary: To succeed with an ILR application, applicants must satisfy the combination of continuous residence, absence limits, KoLL, and suitability requirements, alongside any specific route criteria. The rules are technical and evidence-heavy, and failing on any single requirement can result in refusal.

Section D: Applying for Indefinite Leave to Remain

Once eligibility has been met, applicants must submit a formal ILR application to the Home Office. The process is evidence-driven, and errors or omissions can result in refusal. Careful preparation of forms, documents and timelines is critical.

1. Application forms

There are two main ILR application forms. Form SET(M) is used for partners, parents and dependent children of settled persons or British citizens. Form SET(O) is used for most other categories, including work visas, ancestry and long residence. Both forms are completed online and require biometric enrolment.

2. Step-by-step process

Step 1 – Check eligibility: Confirm you meet residence, absence, language, Life in the UK and route-specific requirements.

Step 2 – Gather evidence: Collect passports, Biometric Residence Permits, proof of residence, financial records, employment letters, relationship evidence (if applicable), test certificates and criminal record documents where required.

Step 3 – Complete form: Submit the appropriate SET form online, ensuring accuracy and consistency across all sections.

Step 4 – Book biometrics: Attend a UKVCAS centre to provide fingerprints, photograph and signature. Upload supporting documents digitally or bring them to the appointment if permitted.

Step 5 – Pay fees: Pay the standard Home Office fee and any additional charges for priority services.

Step 6 – Await decision: UKVI will assess the application and may request further evidence or invite you to interview. A decision notice is issued by email or post.

Step 7 – Receive outcome: If granted, you will be issued confirmation of ILR. Current practice is that status is provided digitally via an eVisa; older Biometric Residence Permits remain valid until their phase-out date.

3. Supporting documents

Supporting evidence varies by route but usually includes:

• Valid passport(s) and any Biometric Residence Permit
• Proof of residence such as council tax, tenancy, or utility bills
• Evidence of employment, earnings and compliance with visa conditions
• Financial documentation where category rules require minimum income
• Life in the UK Test pass notification
• Approved English language test certificate or degree taught in English
• Relationship evidence (for family routes)
• Records of travel and absences
• Police clearance certificates if required

4. Fees

The Home Office fee for ILR is £3,029 per applicant as at April 2025. Each dependant must pay the same fee. Additional charges may apply for biometric enrolment and for optional priority services. Fees are reviewed annually and can change without notice.

5. Processing times

Standard ILR applications can take up to six months. Priority processing is advertised at five working days and super priority at the next working day or two days if lodged at a weekend. These faster services cost an additional £500 and £1,000 respectively. Timescales may be longer if UKVI requests additional evidence or interviews the applicant.

Section summary: Applying for ILR requires completing the correct form, submitting a full documentary package and paying the relevant fee. Careful organisation of evidence and early booking of biometrics are essential to avoid delay or refusal.

Section E: ILR for Dependants

Dependants of the main applicant or settled person may also qualify for ILR, provided they meet the specific rules of their category. Applications for dependants are generally made at the same time as the principal applicant, though their qualifying period may differ if they entered the UK later.

1. Who counts as a dependant?

Under the Immigration Rules, dependants can include:

• Spouses and civil partners
• Unmarried partners who have lived together for at least two years in a relationship akin to marriage
• Children under 18 at the date of application
• Adult children over 18 who remain financially dependent and form part of the household

2. Eligibility requirements for dependants

Dependants must normally demonstrate:

• A genuine and subsisting relationship with the settled person
• Compliance with continuous residence and absence limits where required
• Passing the Life in the UK test and meeting the English language requirement if aged 18–64, unless exempt
• Evidence of financial maintenance and accommodation, where applicable under the route

3. Timing of applications

Where dependants entered the UK at the same time as the main applicant, they may often apply for ILR together once the qualifying period is complete. If a dependant joined later, they may need to complete their own qualifying period before becoming eligible for ILR, even if the main applicant is already settled.

4. Children born in the UK

Children born in the UK to a parent who already holds ILR are automatically British citizens at birth. In contrast, children born in the UK before their parent secures ILR are not automatically British but can be registered as British citizens once a parent obtains ILR or citizenship.

5. Alternative options

If a dependant does not qualify for ILR at the same time as the main applicant, other routes may be available. For example, a partner or child may continue on limited leave under the family route until they reach the qualifying residence period. In long residence cases, a dependant may also accrue their own qualifying time towards ILR.

Section summary: Dependants can secure ILR alongside or following the main applicant, provided they meet residence, relationship, and knowledge requirements. Timing depends on when they entered the UK and their visa category. Children born in the UK after a parent becomes settled are automatically British, a key distinction for families planning their applications.

Section F: ILR Application Tips

ILR applications are evidence-heavy and subject to strict Home Office scrutiny. Many refusals arise not from ineligibility but from avoidable errors in form completion, timing or documentation. Taking a structured approach can make the difference between success and refusal.

1. Common mistakes to avoid

Incomplete or inaccurate forms: Leaving sections blank, entering inconsistent dates or misreporting absences are frequent grounds for refusal.

Insufficient documents: Omitting evidence of residence, employment or relationship validity can delay or undermine an application.

Wrong language test: Submitting results from a non-approved provider or failing to meet the required B1 standard (until any future change to B2) will lead to rejection.

Excessive absences: Misunderstanding the 180-day limit per 12-month period or failing to keep accurate travel logs often causes issues.

Late application: Submitting after limited leave has expired risks unlawful residence and refusal. Apply before your visa ends, no earlier than 28 days before the qualifying period completes.

Financial evidence errors: Submitting incomplete, inconsistent or outdated payslips or bank statements can cause refusal under financial requirements.

2. Best practice tips

Organise documents clearly: Use a checklist aligned with the Immigration Rules and organise uploads in a logical order.

Keep duplicates: Retain copies of all forms and supporting evidence for your records.

Prepare early: Sit the Life in the UK test and English test well before the application window to avoid last-minute problems.

Track travel: Maintain an accurate log of all absences with dates, destinations and reasons, supported by employer letters if related to work.

Monitor Home Office updates: Check the gov.uk website regularly for changes in fees, processing times and evidential rules.

Use translations where needed: Provide certified translations for any non-English documents.

3. Managing complex cases

Applicants with borderline absences, previous refusals, complex family situations or criminal convictions should consider specialist advice. Complex cases require careful presentation of evidence and, where relevant, legal arguments referencing the Immigration Rules and caseworker guidance.

Section summary: A methodical approach, complete documentation, and strict adherence to eligibility rules significantly improve the chance of success. Avoiding common errors and anticipating evidential issues are central to a smooth ILR process.

Section G: If Your ILR Application is Approved

An approved ILR application gives you permanent residence rights in the UK. This brings legal stability, wide access to services and work, and removes the need for further visa renewals. However, applicants should understand how to evidence, maintain, and make use of their new status.

1. Proving ILR status

ILR status is now evidenced digitally via the UKVI eVisa system. BRPs previously issued to ILR holders will cease to be valid after 31 December 2024. Your ILR itself does not expire when your BRP does. You should set up a UKVI account to access and prove your eVisa, which employers and landlords can verify through share codes.

Some applicants may still have older endorsements such as an Indefinite Leave to Enter (ILE) stamp or a No Time Limit (NTL) vignette. These remain valid proof of ILR but are gradually being replaced by digital records.

2. Using ILR in daily life

ILR status simplifies right to work, right to rent, and access to banking processes. You can take any form of employment, pursue self-employment, and access education at home student rates (where eligible). Public funds are accessible subject to general eligibility conditions.

3. Maintaining ILR

ILR is indefinite but can lapse if you are absent from the UK for more than two continuous years. In that case, you must apply as a Returning Resident to resume settlement. To succeed, you must show strong ties to the UK and an intention to make it your permanent home again.

ILR can also be revoked on grounds such as deception, liability to deportation, or cessation of refugee status. Holders should therefore ensure continued compliance with UK law and immigration rules.

4. Next step: British citizenship

ILR is usually a prerequisite for naturalisation. Most applicants must hold ILR for at least 12 months before applying, unless married to a British citizen, in which case they can apply immediately after being granted ILR. Naturalisation confers rights not available under ILR, including voting in parliamentary elections and obtaining a British passport.

Section summary: Approval of ILR secures permanent residence rights, but applicants should take steps to prove their status digitally, maintain ties to the UK, and consider the pathway to citizenship. ILR brings stability, but it is not invulnerable to lapse or revocation.

Section H: If Your ILR Application is Refused

A refusal of an ILR application can be frustrating, but it does not necessarily mean settlement is permanently out of reach. The key is to understand the refusal reasons and the options available for challenge or reapplication.

1. Common grounds for refusal

Refusals often result from failing to meet one or more eligibility criteria, such as excessive absences, insufficient continuous residence, or failure of the English or Life in the UK test. Other grounds include not providing the correct documentation, non-compliance with route-specific requirements, or refusal under Part 9 suitability rules for issues such as criminality, deception or immigration debt.

2. Reviewing the decision letter

The refusal notice from the Home Office will set out the reasons for the decision. Understanding whether the refusal was based on eligibility, documentation, or suitability is crucial to determining the next step. In some cases, errors in the application form or missing documents can be remedied in a new application.

3. Options after refusal

Reapplication: Often the most practical course, provided the issues identified in the refusal are addressed. For example, submitting missing documents or waiting until the qualifying residence period has been met.

Administrative Review: Available where you believe a caseworker made a factual or legal error in processing the application. The review must be requested within a short timeframe.

Judicial Review: Where no appeal or review right exists, applicants may challenge the decision through Judicial Review in the courts. This is a complex, time-sensitive and costly remedy and requires legal representation.

4. Strategic considerations

Applicants should consider the timing of any reapplication, particularly where a cooling-off period applies under certain categories, or where route-specific requirements (such as financial thresholds) need more time to be met. Evidence should be re-checked against the Immigration Rules and guidance to ensure compliance.

Section summary: ILR refusals can often be overcome, but the reasons for refusal must be analysed carefully. Options include reapplying with corrected evidence, requesting an Administrative Review for caseworker errors, or pursuing Judicial Review in limited circumstances. Planning and professional advice can reduce the risk of repeat refusal.

Section I: Proposed Changes to ILR Rules

In May 2025, the government published a White Paper on immigration policy titled “Restoring Control over the Immigration System.” The document sets out proposals to reform the rules for obtaining ILR. These proposals are not yet law and will only take effect once implemented through changes to the Immigration Rules. Applicants should therefore continue to apply under the current framework unless and until legislation is amended.

1. Extending residence periods

The White Paper proposes extending the standard residence period for ILR from five to ten years for many routes, including Skilled Worker and family visas. This change would significantly lengthen the route to permanent settlement and, by extension, to citizenship, which generally requires holding ILR for at least 12 months. The intention is to ensure settlement is granted only to those who can demonstrate sustained commitment to life in the UK.

2. Contribution-based assessment

The government has signalled a move towards an “earned settlement” model. This would introduce a points-style system to assess contributions to UK society. Factors under consideration include consistent tax contributions, employment in shortage or priority sectors, higher English language skills, and evidence of active community participation. These measures would shift ILR from being time-based to more merit-based.

3. Language requirement changes

A proposed increase in the English language requirement from B1 to B2 on the Common European Framework has been floated for certain ILR categories. This would raise the evidential threshold for applicants, requiring higher fluency in speaking and listening. At the time of writing, the B1 standard remains in force.

4. Transitional arrangements

The White Paper indicates that transitional protections will be offered to applicants already on the five-year route when reforms take effect. However, the scope of these protections and the cut-off dates have not yet been published. Details are expected in forthcoming secondary legislation and caseworker guidance.

Section summary: Proposed reforms could double the qualifying period for many routes and introduce contribution-based criteria and higher language standards. Until enacted, these remain policy intentions rather than enforceable law. Applicants currently eligible under the existing rules should consider applying without delay, while those earlier in the process should plan for potential future requirements.

Section J: Summary

Indefinite Leave to Remain provides permanent residence rights in the UK, enabling non-British nationals to live, work, and study without immigration restrictions. It also offers access to public services and is the gateway to British citizenship. To succeed in an ILR application, applicants must satisfy strict criteria covering residence, absences, language, knowledge of life in the UK, and suitability. Each route carries specific evidential requirements, and errors can result in refusal.

The application process is detailed and requires thorough preparation of documents, careful calculation of absences, and compliance with all procedural requirements. Dependants may qualify alongside the main applicant if they meet their own criteria. Once granted, ILR status must be maintained by preserving ties to the UK and avoiding prolonged absences. Revocation is possible where suitability or deception issues arise.

While the current system allows settlement in as little as two to five years for some routes, policy proposals suggest that future applicants may face longer qualifying periods, higher English language standards, and a merit-based assessment of contribution. These are not yet law but may shape future settlement strategy.

Section summary: ILR is a key milestone in the UK immigration journey, bringing security, opportunity, and the pathway to citizenship. Success depends on meeting stringent eligibility requirements, preparing robust evidence, and staying alert to both current rules and forthcoming reforms.

Section K: FAQs on Indefinite Leave to Remain

1. What is Indefinite Leave to Remain (ILR)?

ILR is a form of permanent residence that allows non-British citizens to live, work, and study in the UK without immigration time limits. It also provides access to many public services and is the required step before applying for British citizenship.

2. How long must I live in the UK before applying for ILR?

The qualifying period depends on your visa route. Most work and family visas require five years. Long residence requires ten years. Accelerated options exist under certain routes such as Innovator Founder, Global Talent or Investor visas.

3. Can I apply early?

Applications can be submitted up to 28 days before the end of the qualifying residence period. Applying earlier than this is not permitted and will result in refusal. The application must also be made before your current leave expires.

4. What documents are required?

Evidence typically includes a valid passport, Biometric Residence Permit, proof of continuous residence, records of absences, English language certificate or degree taught in English, Life in the UK test pass notification, financial evidence (where applicable), employment or sponsorship documents, and relationship evidence for family applications. Route-specific documents may also be needed.

5. What is the Life in the UK Test?

This is a multiple-choice exam covering British history, culture and values. Most applicants aged 18–64 must pass it as part of the KoLL requirement. It must be booked through the official Home Office system and passed before applying for ILR.

6. How do I prove my English language ability?

By passing an approved test at level B1 speaking and listening, or by showing you hold a recognised degree taught in English. Nationals of specified majority-English-speaking countries are exempt. Proposals exist to raise the standard to B2 in future, but these have not yet been implemented.

7. How much does ILR cost?

The Home Office fee is £3,029 per applicant (as of April 2025). Each dependant must also pay the same fee. Optional priority services incur additional charges of £500 (priority) or £1,000 (super priority).

8. How long does the decision take?

Standard applications can take up to six months. Priority decisions are usually issued within five working days, and super priority within one or two working days of the biometric appointment, depending on timing.

9. Can ILR be lost?

Yes. ILR lapses after more than two continuous years outside the UK. It can also be revoked on grounds such as criminality, deception, or cessation of refugee status. Returning Resident applications are available for those seeking to reinstate lapsed ILR.

10. How does ILR lead to citizenship?

ILR is a prerequisite for naturalisation. Most applicants must hold ILR for 12 months before applying, unless married to a British citizen. Citizenship adds rights such as voting in parliamentary elections and holding a British passport.

11. Can my family apply?

Dependants such as spouses, partners and children can apply for ILR, provided they meet residence and relationship criteria. Children born in the UK after a parent is settled are automatically British citizens.

12. What is the seven-year rule for children?

There is no automatic ILR after seven years. However, under the private life provisions, a child who has lived in the UK continuously for at least seven years may qualify for leave to remain. After building up time on this route, they may eventually apply for ILR, usually after ten years of lawful residence.

Section summary: These FAQs cover the most common questions about ILR, including eligibility, costs, timing, documents, and the link to citizenship. Applicants should always check the latest Home Office guidance before applying, as fees and evidential standards are regularly updated.

Section L: Glossary

Section M: Additional Resources