Apply for Permanent Residence UK

Applying for permanent residence in the United Kingdom marks a decisive step toward long-term stability and security. In current UK law, the term “permanent residence” is used informally to refer to Indefinite Leave to Remain (ILR), which is the domestic settlement status that removes time limits on stay. The legacy EU “permanent residence” route closed on 30 June 2021; EU, EEA, and Swiss citizens now secure long-term status via the EU Settlement Scheme (Settled Status) or by naturalising as British citizens.

What this article is about: This guide explains how to apply for permanent residence (ILR) under the Immigration Rules, who qualifies, the eligibility criteria across major routes, the step-by-step process, and the rights granted once ILR is obtained. It also clarifies the distinction between ILR and Settled Status, and references the key frameworks that govern eligibility and evidence, including Appendix Continuous Residence (for absence calculations), Appendix English Language, and Appendix KoLL (Knowledge of Language and Life in the UK). The article is designed for applicants and for employers supporting staff through settlement and right to work compliance.

Throughout, we highlight the importance of maintaining lawful residence, applying before current leave expires, managing absences within the rolling 180-day limits under Appendix Continuous Residence, and preparing complete evidence to minimise the risk of delay or refusal.

Section A – Understanding Permanent Residence in the UK

“Permanent residence” in contemporary UK usage refers to Indefinite Leave to Remain (ILR), the domestic settlement status that removes time limits on stay and lifts most immigration controls. The legacy EU law status of “permanent residence” under the EEA Regulations ceased to be valid after 30 June 2021. EU, EEA, and Swiss citizens must now rely on Settled Status under the EU Settlement Scheme or on British citizenship if naturalised. For all other nationalities and routes, long-term settlement is achieved by meeting the requirements for ILR under the Immigration Rules.

1. Definition and legal meaning

ILR confers an indefinite right to live, work, and study in the UK free from immigration time limits. It is granted under the Immigration Rules following a qualifying period of lawful residence and compliance with route-specific conditions. While many still use “permanent residence” informally, applications are made for ILR, not for an EU “permanent residence card”. Holders of historic EU permanent residence documents were required to obtain Settled Status; the old cards no longer prove a right to reside.

In practice, permanent residence (ILR) recognises that the applicant has maintained lawful, continuous residence, met any financial and work/relationship conditions for their route, and satisfied integration standards such as Appendix English Language and Appendix KoLL (Knowledge of Language and Life in the UK).

2. Who can qualify for permanent residence (ILR)

Eligibility depends on the route under which the person has lived in the UK. Most mainstream categories require five years’ continuous lawful residence, assessed on a rolling basis under Appendix Continuous Residence. Common ILR routes include Skilled Worker/Tier 2, Partner/Spouse (Appendix FM), UK Ancestry, Minister of Religion, Representative of an Overseas Business, Global Talent, Innovator Founder, Refugee/HP (after five years), and EUSS Settled Status for eligible EU citizens.

Some routes may qualify in three years (for example, certain Global Talent and Innovator Founder categories based on exceptional achievement or business success). Each route carries distinct evidential rules—employment, sponsorship, business activity, or relationship evidence must match the relevant Appendix or guidance.

All applicants must maintain lawful leave without gaps. Limited instances of short overstaying may be disregarded where paragraph 39E applies, but this is discretionary and evidence-dependent.

3. Key distinctions: ILR vs Settled Status vs historic EU permanent residence

ILR is a domestic Immigration Rules status available across qualifying routes and nationalities. Settled Status is the post-Brexit settlement for eligible EU, EEA, and Swiss citizens and their family members under the EU Settlement Scheme; it provides rights equivalent to ILR but is administered within that specific scheme. The historic EU “permanent residence” status under the EEA Regulations is closed and its documents no longer prove status; holders should have transitioned to Settled Status or naturalised where eligible.

All three indicate a settled position without time limits, but the governing legal framework, application process, and evidential basis differ. Using the correct terminology helps ensure the right form, fee, and evidence are submitted.

4. Retaining status and risk of lapse

ILR can lapse if the holder is absent from the UK for a continuous period of more than two years. For those with EUSS Settled Status, status generally lapses after more than five years’ continuous absence (four years for certain Swiss family members). Where ILR has lapsed, a person may seek to return under the Returning Resident provisions if they can demonstrate strong ties to the UK and intention to settle permanently.

Beyond the risk of lapse, prolonged absences can also impact future naturalisation eligibility even if ILR remains valid. Applicants should therefore track absences carefully and plan travel in line with both ILR retention and citizenship rules.

5. Why permanent residence (ILR) matters

ILR removes the need for visa renewals and sponsorship, enables unrestricted employment and study, supports access to public services in line with eligibility rules, and simplifies right to work and right to rent checks through digital status verification. It is also the usual gateway to British citizenship after a further qualifying period (normally 12 months with ILR in place), subject to residence limits, good character, and KoLL requirements.

Section Summary: In UK law today, “permanent residence” is delivered through Indefinite Leave to Remain. Historic EU permanent residence documents no longer prove a right to reside; EU nationals now rely on Settled Status or British citizenship. Eligibility and evidential rules vary by route, continuous residence is assessed under Appendix Continuous Residence, and absences can lead to status lapse or affect future citizenship. Proper route selection and terminology ensure the correct forms, fees, and evidence are used.

Section B – Eligibility Requirements

To obtain permanent residence in the form of Indefinite Leave to Remain (ILR), applicants must satisfy the Home Office’s strict eligibility criteria. These are set out across multiple appendices to the Immigration Rules and ensure that only those with a stable and compliant immigration history can qualify for settlement. The main requirements cover residence period, lawful stay, good character, and integration into UK life.

1. Residence period

Most ILR applicants must have completed at least five years of continuous lawful residence in the UK under a qualifying route. This qualifying period must consist entirely of valid, consecutive grants of leave to enter or remain, with no gaps or overstaying between visas. Short overstays may be disregarded only if covered by paragraph 39E of the Immigration Rules.

The standard five-year residence rule applies to most settlement routes, including:

• Skilled Worker and Tier 2 (General)
• Global Talent
• Innovator Founder
• Partner or Spouse (Appendix FM)
• UK Ancestry
• Minister of Religion and Representative of an Overseas Business

Some categories qualify sooner. For example, Global Talent and Innovator Founder migrants may be eligible after three years depending on achievement criteria. Refugees and those granted humanitarian protection normally qualify after five years. In all cases, absences are assessed under Appendix Continuous Residence, which applies a rolling 180-day limit per 12-month period.

2. Lawful residence and immigration status

Applicants must demonstrate that they have resided lawfully in the UK for the entire qualifying period. Evidence must show continuous, valid leave without gaps between grants. Applications made after a visa has expired may be treated as overstaying unless discretion under paragraph 39E applies. Each extension or variation of leave should have been submitted before the previous leave expired.

Acceptable evidence includes:

• Valid biometric residence permits (BRPs) or eVisa status records
• Home Office visa decisions and approval letters
• HMRC or employer records confirming continuous lawful work
• Proof of compliance with visa conditions (e.g., sponsorship or relationship evidence)

For EU citizens, permanent residence is now recognised through Settled Status under the EU Settlement Scheme. Holders of historic EU permanent residence cards were required to exchange them by 30 June 2021; those who have not done so must obtain Settled Status to retain indefinite rights of residence.

3. Good character and public interest considerations

The Home Office must be satisfied that the applicant meets the good character requirement. Conduct, criminal history, and compliance with immigration and tax laws are all considered. Applications may be refused on public interest grounds if there is evidence of:

• Criminal convictions or civil penalties
• Immigration breaches such as overstaying or deception
• Failure to pay taxes or misuse of public funds
• Providing false information or non-disclosure of material facts

Minor offences do not automatically result in refusal, but repeated or serious breaches will weigh heavily against the applicant. Full disclosure is essential—failure to declare can itself be treated as deception.

4. Financial and English language requirements

Applicants must prove financial stability and compliance with route-specific maintenance or income rules. For family route applications, the requirements mirror those under Appendix FM unless an exemption applies. For work-based routes, applicants must show they continue to be employed or self-employed in accordance with the rules of their visa.

All ILR applicants must meet the integration requirements set out in Appendix English Language and Appendix KoLL (Knowledge of Language and Life in the UK). These require:

• Evidence of English proficiency at level B1 or above (approved test or exempt qualification)
• Pass certificate for the Life in the UK Test

Meeting these requirements demonstrates that the applicant can communicate effectively and has integrated into UK life, which are statutory settlement criteria.

Section Summary: To qualify for ILR, applicants must complete five years’ continuous lawful residence (or three under accelerated routes), remain compliant with visa conditions, and meet the good character and integration requirements. Absences are assessed on a rolling basis under Appendix Continuous Residence, and overstays may only be excused under paragraph 39E. Careful evidence preparation is essential to avoid delay or refusal.

Section C – Applying for Permanent Residence

The process of applying for permanent residence—formally, Indefinite Leave to Remain (ILR)—requires careful preparation, accurate evidence, and strict adherence to Home Office procedures. Whether applying as a Skilled Worker, under the Family route, or another qualifying category, applicants must ensure every stage is completed correctly before current leave expires.

1. Application process overview

All ILR applications are made online through the official GOV.UK portal. The correct route-specific form must be selected, such as:

• SET(O) – for work-related categories (Skilled Worker, Global Talent, Innovator Founder)
• SET(M) – for Family and Partner route applicants

Applicants must apply before their current visa expires to avoid becoming an overstayer. The process generally includes the following steps:

1. Complete the online application form accurately, ensuring all personal details match official immigration records.
2. Upload supporting documents digitally to the UKVCAS portal (PDF or JPG format, legible and under 6MB per file).
3. Book and attend a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre unless eligible to use the UK Immigration ID Check app.
4. Submit biometric data (fingerprints and photograph) where required.
5. Await the Home Office decision, which will be issued digitally to the applicant’s eVisa account.

Most non-EU applicants must attend a biometric appointment, though eligible applicants using the ID Check app can verify their identity digitally without attending in person.

2. Evidence required

Evidence must be comprehensive, consistent, and cover the entire qualifying period. Missing or contradictory documentation is one of the main causes of refusal. The following types of evidence are typically required:

• Proof of identity: current passport, national ID, BRP, or eVisa record
• Proof of residence: tenancy agreements, utility bills, or council tax statements
• Employment and income evidence: payslips, P60s, HMRC tax history, or business accounts (if self-employed)
• Proof of lawful stay: visa grant letters, previous Home Office correspondence, and travel/absence records
• Integration evidence: English language certificate and Life in the UK Test pass notification

Route-specific evidence must also be included. For example, Skilled Workers must provide sponsor licence details and employment confirmation, while Partner route applicants must submit relationship documents covering the qualifying period.

Dependants must each make an individual application, though all family members can apply simultaneously using linked references.

3. Fees and processing times

The current ILR fee is £3,029 per applicant, effective from 9 April 2025. This fee applies to both main applicants and dependants and is reviewed annually. Optional expedited services include:

• Priority Service (£500): usually processed within five working days
• Super Priority Service (£1,000): usually processed within one working day

The Home Office aims to process all standard ILR applications within six months, although most are concluded within eight to twelve weeks when full documentation is provided. The decision is issued digitally and viewable through the applicant’s online immigration account.

4. Common mistakes and how to avoid refusal

Refusals often result from preventable mistakes or incomplete evidence. Common pitfalls include:

• Submitting incomplete or inconsistent residence or absence evidence
• Failing to disclose previous immigration breaches or criminal convictions
• Providing expired or incorrect English language or Life in the UK certificates
• Using the wrong form or applying after visa expiry
• Inconsistent employment or financial documentation

Applicants should cross-check every document before submission, ensuring consistency in names, addresses, and dates. Where immigration gaps, excessive absences, or previous breaches exist, professional legal advice is recommended before submission.

Section Summary: ILR applications must be made online before current leave expires, supported by detailed and consistent documentation. Evidence must meet Home Office standards for file format and content. Accuracy, timely filing, and compliance with Appendix Continuous Residence are critical to avoiding refusal and achieving a smooth transition to settled status.

Section D – After Permanent Residence is Granted

Once Indefinite Leave to Remain (ILR) is granted, the holder gains long-term security in the UK with the right to live, work, and study without immigration restrictions. Although ILR does not expire, it can lapse if certain conditions are breached. Understanding your ongoing responsibilities, maintaining your digital status, and planning for citizenship are key to protecting your position in the UK.

1. Your legal rights and status

ILR grants the holder settled status under UK law, meaning they are no longer subject to immigration control. Rights include:

• Freedom to work for any employer or operate a business
• Unrestricted right to study in the UK
• Access to the NHS and public funds, subject to eligibility
• Ability to sponsor certain family members under relaxed criteria
• Right to travel in and out of the UK without a visa

Employers are not required to repeat right to work checks for employees who hold ILR or Settled Status. However, they may verify status digitally using a share code through the Home Office online system.

ILR can lapse if the holder is absent from the UK for a continuous period of more than two years. For those with EU Settled Status, the threshold is five years (four for certain Swiss family members). Individuals who lose ILR due to long absence may be able to return under the Returning Resident visa route if they can demonstrate strong ties and intention to live in the UK permanently.

2. Renewal and documentation

While ILR itself has no expiry date, the evidence of that status—such as a Biometric Residence Permit (BRP)—may expire. From 31 December 2025, the Home Office will have transitioned fully to the eVisa system, and BRPs will cease to be valid as proof of status. All ILR holders must ensure they have an active UKVI online account linked to their passport.

Holders should:

• Link their passport to their UKVI account for online verification
• Update account details after passport renewal or name change
• Replace lost or damaged BRPs through the Home Office portal before the full digital transition

Failure to keep digital records up to date can cause problems when travelling or proving status to employers and landlords. For this reason, ILR holders should maintain their online account in good standing at all times.

3. Path to British citizenship

ILR holders who wish to become British citizens can apply for naturalisation after holding ILR for at least 12 months, provided they meet residence, good character, and integration standards. Applicants married to a British citizen can apply immediately after receiving ILR if they meet the qualifying criteria.

Key requirements include:

• Five years’ lawful residence before application
• No more than 450 days’ absence in the five years before applying
• No more than 90 days’ absence in the 12 months before applying
• Good character and compliance with UK law
• Passing the Life in the UK Test and meeting the English language standard

Holding ILR provides a stable foundation for naturalisation but does not guarantee citizenship; absences, criminal history, or breaches can affect eligibility. Applicants should ensure that their ILR and digital status remain valid at the time of applying.

Section Summary: Once ILR is granted, holders enjoy full settlement rights but must protect their status by avoiding long absences, maintaining an active eVisa account, and ensuring their passport details are up to date. ILR holders can apply for British citizenship after 12 months, provided they continue to meet residence and good character criteria.

FAQs

What is the difference between permanent residence and Indefinite Leave to Remain (ILR)?

“Permanent residence” was an EU law status available to EEA nationals before Brexit. It confirmed a person’s right to reside indefinitely in the UK under EU free movement rules. This scheme closed on 30 June 2021. The current UK equivalent is Indefinite Leave to Remain (ILR), which provides the same settlement rights under domestic immigration law. Individuals with historic EU permanent residence cards were required to transition to Settled Status under the EU Settlement Scheme.

Can EU citizens still apply for permanent residence after Brexit?

No. The previous EU permanent residence application process has ended. EU, EEA, and Swiss citizens must now apply through the EU Settlement Scheme for Settled Status, which provides equivalent rights to ILR. Those who held a permanent residence card before Brexit could exchange it for Settled Status without restarting the qualifying period.

How long does it take to get a decision on a permanent residence (ILR) application?

The Home Office aims to decide ILR applications within six months, but most online submissions are processed within eight to twelve weeks when complete documentation is provided. Priority and Super Priority services are available for faster decisions, subject to appointment availability and route eligibility.

Can I lose my ILR or Settled Status if I leave the UK?

Yes. You can lose ILR if you remain outside the UK for more than two continuous years. For EU citizens with Settled Status, the absence limit is five years (four years for certain Swiss family members). If ILR has lapsed, you may apply for a Returning Resident visa to reinstate your settlement, provided you can demonstrate strong ties to the UK and intent to live here permanently.

Do dependants apply separately or together?

Each dependant—spouse, partner, or child—must submit a separate application for ILR, but family members can apply at the same time using linked reference numbers. Children born in the UK to a parent with ILR or Settled Status are typically automatically British citizens and do not need to apply for ILR themselves.

What if my ILR has lapsed due to long absence?

If your ILR status has lapsed after being outside the UK for more than two years, you may be eligible to apply for a Returning Resident visa. The Home Office will assess your ties to the UK, including family connections, previous residence, and reasons for your long absence. Successful applicants will regain ILR on arrival in the UK.

Section Summary: These FAQs address key practical issues about ILR and Settled Status, including eligibility, timeframes, dependants, and long absences. Understanding these rules helps applicants maintain settlement status and avoid unintentional loss of residence rights.

Conclusion

Applying for permanent residence in the UK—formally known as Indefinite Leave to Remain (ILR)—is one of the most significant steps in a migrant’s journey toward stability and citizenship. Success depends on careful preparation, complete evidence, and compliance with the Immigration Rules throughout the qualifying period. Applicants must also remain within the absence limits defined in Appendix Continuous Residence and ensure that all extensions or variations of leave are made before the expiry of current permission.

ILR removes the need for further visa renewals and provides unrestricted rights to work, study, and access public services. It is also the essential step toward British citizenship for those wishing to naturalise after twelve months of settled status. For employers, ILR simplifies right to work compliance, offering assurance that an employee has an unrestricted right to remain.

Holders of ILR must, however, maintain their digital status. With the transition to the eVisa system completing by 31 December 2025, applicants should ensure that their passport is correctly linked to their UKVI account and that personal details remain accurate. This ensures seamless verification for travel, work, and access to services.

Applicants with complex circumstances—such as gaps in lawful stay, immigration breaches, or extended absences—should consider obtaining professional legal advice before applying. A legally reviewed application minimises risk and helps ensure full compliance with the Home Office’s evidential and procedural standards.

In summary: ILR secures long-term residence, but maintaining it requires diligence, accurate digital records, and continued connection to the UK. With careful preparation and compliance, permanent residence provides lasting security, independence, and the foundation for eventual British citizenship.

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