ILR After 5 Years on 10-Year Route: Employer Guide

Indefinite Leave to Remain (ILR) is a form of permanent residence in the UK, allowing individuals to live and work in the country without restriction and free from immigration control. For UK employers, ILR represents a critical milestone in an employee’s immigration journey, signalling long-term stability and continuity of work rights without the need for further visa renewals.

There are multiple pathways to ILR, but two of the most common are the 5-year route and the 10-year route. The 5-year route is typically for individuals on defined routes like Skilled Worker or Spouse visas who meet specific eligibility criteria over five years of lawful residence. The 10-year route, by contrast, is based on long-term residence under private or family life provisions, often involving more complex or discretionary circumstances.

A common point of confusion for employers is whether a worker on the 10-year route can switch to the 5-year route and qualify for ILR earlier — particularly when that employee has been with the business for several years and holds a valid right to work. While the answer depends on individual circumstances, there are cases where switching and early settlement may be possible, provided strict requirements are met.

This article is designed to help UK employers and HR professionals understand:

• The difference between the 5-year and 10-year settlement routes;
• Whether and when an employee can transition to the shorter route;
• How this affects right to work compliance, retention planning, and ongoing immigration monitoring.

 

Understanding the strategic and legal implications of these pathways ensures employers remain compliant while supporting valuable team members with clarity and fairness.

 

 

Section A: What Is the 10-Year Route to ILR?

 

The 10-year route to Indefinite Leave to Remain (ILR) is a long-term immigration pathway based on an individual’s established private or family life in the UK, or their continuous lawful residence under human rights grounds. Unlike the more structured 5-year route available to certain sponsored or family visa holders, the 10-year route often reflects complex or exceptional personal circumstances — such as someone who has spent their formative years in the UK, has dependent British children, or cannot leave the UK due to health or protection issues.

For UK employers, understanding the nature of the 10-year route is important because these individuals often hold lawful status and the right to work, yet they remain subject to more frequent visa renewals, increased uncertainty, and a longer path to settlement. Misunderstanding this route can lead to incorrect assumptions about a worker’s long-term status or right to work.

 

1. Legal Basis of the 10-Year Route

 

The 10-year route is grounded in Article 8 of the European Convention on Human Rights (ECHR) — the right to respect for private and family life. Applicants may be granted limited leave to remain under this route if they can show:

• A qualifying relationship (e.g. British child or partner),
• Significant ties to the UK through private life (e.g. having lived in the UK for over half their life),
• Exceptional or compassionate circumstances that make removal from the UK disproportionate.

 

These applications are usually made under Appendix FM or Paragraph 276ADE of the UK Immigration Rules, and they result in grants of leave for 30 months at a time (2.5 years), which must be renewed four times to accumulate 10 years of continuous lawful residence before ILR can be applied for.

 

2. Why Individuals End Up on the 10-Year Route

 

There are several reasons why an employee or job applicant might be on the 10-year route rather than a quicker route to settlement:

• They do not meet income or English language requirements for the 5-year family route.
• They were granted discretionary leave due to unique personal circumstances (e.g. medical conditions, former asylum claims, or trafficking).
• They have children who are British citizens or have lived in the UK for 7+ years, but do not qualify under other immigration categories.
• They were born in the UK or arrived as children and have built their lives here.

 

In many cases, these individuals may be working, contributing to society, and have stable employment — but remain on temporary visas renewed every 2.5 years for a decade.

 

3. Implications for Employers: Work Rights and Visa Renewals

 

From an HR and compliance perspective, it’s important to understand that:

• Individuals on the 10-year route typically have valid limited leave to remain and full right to work.
• They are not sponsored by the employer — their visa is independent and based on family or human rights grounds.
• However, their leave is temporary and must be renewed every 30 months, meaning employers need to monitor expiry dates and request updated right to work evidence on time.
• If a visa renewal is delayed or refused, section 3C leave may apply (preserving work rights while the application is pending), but employers should confirm this via the Employer Checking Service (ECS).

 

Employers must not assume that a person on the 10-year route is less reliable or “at risk” of losing their work rights. However, proactive tracking and clear communication about visa expiry are essential to avoid compliance risks.

 

Summary: Lawful, Long-Term, But Still Temporary

 

The 10-year route to ILR provides a lawful and structured path to settlement for individuals with deep-rooted connections to the UK. While not employer-sponsored, these employees often have full work rights and long-standing ties to the workforce. For HR professionals, it’s essential to monitor visa timelines, understand the legal context of this route, and ensure right to work processes are followed without assumptions or discrimination. Employers that take a proactive, informed approach can support these individuals effectively while staying fully compliant.

 

 

Section B: Can Someone on the 10-Year Route Switch to 5-Year ILR?

 

Many UK employers are understandably interested in whether an employee currently on the 10-year route to Indefinite Leave to Remain (ILR) can move onto the faster 5-year route. The 5-year route, typically available to spouses, partners, and parents who meet specific eligibility requirements, allows for earlier settlement and greater long-term certainty. However, not all individuals on the 10-year route qualify to switch — and any transition requires meeting a stricter set of requirements, including income thresholds and integration tests.

For HR professionals, understanding this potential pathway is important when supporting employees with immigration status planning, assessing long-term workforce retention, or evaluating the need for future sponsorship under the Skilled Worker route.

 

1. Is Switching from the 10-Year to the 5-Year Route Possible?

 

Yes — switching from the 10-year to the 5-year ILR route is possible, but not automatic. It is subject to eligibility and the specific circumstances of the applicant. Typically, individuals on the 10-year route are granted leave under Appendix FM or Paragraph 276ADE on human rights grounds, while the 5-year route applies to those who meet all standard criteria for family visas.

A person can switch onto the 5-year route from within the UK if they:

• Continue to meet the family relationship requirement (e.g. remain the partner of a British citizen or settled person),
• Meet the financial requirement (minimum income threshold),
• Pass the English language requirement, and
• Pass the Life in the UK Test (if applying for ILR).

 

This means someone who was initially granted leave on a discretionary basis, but whose circumstances have since improved (e.g. they now meet income or language requirements), can apply to switch categories and shorten their settlement timeline.

 

2. Key Eligibility Criteria for Switching

 

To move from the 10-year to the 5-year route, applicants must meet all the usual requirements that apply to 5-year family route applicants:

• Relationship requirement: They must continue to live with their British or settled partner or be the parent of a qualifying child in the UK.
• Financial requirement: Usually £18,600 for a partner, plus higher thresholds for children unless exempt.
• English language requirement: Speaking and listening at CEFR Level A2 (later B1 for ILR).
• Life in the UK Test: Required for ILR but not earlier leave stages.

 

Applicants must also submit a new application under the 5-year route rather than simply waiting out their 10-year timeline. This restarts the clock toward ILR — meaning that time already spent under the 10-year route does not count toward the 5-year threshold.

 

3. Timing, Discretion, and Risk

 

The decision to switch is made at the applicant’s discretion — but the Home Office has the final say. It’s important to note:

• Applicants must submit a valid in-time application and meet all relevant eligibility criteria.
• The clock resets for ILR purposes — i.e. the person must spend five further years on the new 5-year route before being eligible to apply for ILR, even if they already spent years on the 10-year route.
• If the new application is refused and their current leave has expired, they may be at risk of becoming an overstayer unless they are protected by section 3C leave.

 

Because of this, individuals are strongly advised to seek immigration advice before making any switch.

 

Summary: A Viable Path — But Not Always the Best Fit

 

Switching from the 10-year to the 5-year ILR route is possible where the applicant meets more demanding requirements, such as the financial and English language thresholds. For some employees, this can be a route to faster settlement — but for others, it may introduce risk or unnecessary complexity. Employers should avoid giving immigration advice but can benefit from understanding the criteria and implications of switching routes. Encouraging staff to seek timely professional advice helps ensure lawful working continues and supports retention planning for valued employees.

 

 

Section C: Implications for Employers

 

Employees on long-term immigration routes — particularly the 10-year private or family life pathways — present distinct challenges for UK HR teams. These staff often have lawful status in the UK but may be on fragile or fluctuating immigration footing. Their long-term plans may include switching to a different route, applying for a fee waiver, or pursuing Indefinite Leave to Remain (ILR) when eligible. For employers, it is essential to understand how these immigration circumstances intersect with legal responsibilities — particularly around right to work compliance, workforce planning, and ethical treatment of employees.

Misunderstandings about the 10-year route or assumptions about an employee’s long-term future in the UK can lead to compliance breaches or HR missteps. This section explores what employers need to know when supporting employees navigating extended pathways to settlement.

 

1. Understanding the 10-Year Route from an HR Perspective

 

Employees on the 10-year private or family life route will typically have:

• Time-limited leave granted in 30 or 33-month blocks.
• Conditions attached to their visa (e.g. no access to public funds).
• Uncertain settlement timelines, depending on future eligibility or life changes.

 

They may have started this route due to not meeting the full criteria for the 5-year family route — such as the income requirement or lack of documentary proof — but remain lawfully employed under valid biometric residence permits (BRPs).

From a workforce planning perspective, this means:

• Their leave must be renewed multiple times before they can settle.
• They may or may not eventually switch to the faster 5-year route depending on personal or financial circumstances.
• They will remain subject to immigration control and right to work checks throughout.

 

2. Right to Work Checks and Visa Tracking Responsibilities

 

Employers must maintain valid right to work checks for all staff — regardless of immigration route. For those on 10-year private life routes:

• A Share Code or valid BRP must be recorded before employment begins.
• Visa expiry dates should be tracked centrally with internal HR alerts well before renewal dates.
• If a staff member applies for an extension or switch before expiry, the employer must use the Employer Checking Service (ECS) to verify lawful status under section 3C leave.
• Once a new decision is made, HR must update records and re-check the employee’s work rights.

 

Failing to monitor renewal deadlines or missing ECS checks during pending applications may expose the business to illegal working penalties.

 

3. Avoiding Assumptions or Unlawful Advice

 

HR professionals may be tempted to make assumptions about an employee’s future — such as expecting them to switch to a faster ILR route or sponsor route — but this can lead to serious issues:

• Employers must not pressure or advise staff to switch routes or make specific immigration choices unless authorised under OISC or SRA rules.
• Unintentional discrimination can arise from treating staff differently due to their route or nationality (e.g. denying promotion due to uncertainty over long-term status).
• Employers should instead signpost staff to regulated immigration advice and maintain consistent, lawful HR procedures for visa tracking and documentation.

 

Summary: Respectful Compliance and Informed Practice

 

UK employers should understand that staff on the 10-year private life route may face more complex immigration journeys — but they remain lawfully employed and entitled to the same workplace protections. By maintaining strong right to work compliance, avoiding assumptions, and encouraging access to qualified legal advice, HR teams can navigate these cases lawfully and ethically. Doing so also helps reduce risk and demonstrates a commitment to inclusion and responsible employment.

 

 

Section D: Supporting Employees Seeking Early ILR

 

As employees on the 10-year route progress in their immigration journey, some may become eligible to switch onto a 5-year settlement route — potentially accelerating their path to Indefinite Leave to Remain (ILR). For employers, this stage can be critical from both a compliance and workforce planning perspective. While employers must avoid offering regulated immigration advice, HR can still play an important role in supporting employees through this process — particularly where early disclosure is encouraged, and internal systems help track future sponsorship needs.

This section explores lawful and practical ways HR can assist employees seeking earlier settlement, without overstepping legal boundaries.

 

1. Lawful HR Support: What Employers Can and Can’t Do

 

While HR professionals are not permitted to give immigration advice unless OISC- or SRA-regulated, they can support staff in several important, lawful ways:

• Signposting employees to qualified immigration advisers who can assess their eligibility to switch routes.
• Maintaining a list of trusted, regulated legal professionals or services such as Citizens Advice, Migrant Help, or immigration law firms.
• Offering time off or flexible working hours to allow the employee to attend advice appointments, gather evidence, or complete application forms.
• Creating a safe space for employees to raise concerns about their immigration status without fear of reprisal or stigma.

 

Such supportive measures help the employee navigate a complex legal process while ensuring the employer stays within its lawful remit.

 

2. The Importance of Self-Disclosure and Trust

 

Employers cannot force an employee to disclose immigration plans — such as their intention to switch to the 5-year route or apply for early ILR — but creating a culture that encourages early disclosure is vital.

• HR should clearly communicate that staff can raise visa-related concerns confidentially and without penalty.
• Where staff disclose an upcoming application or switch, HR can prepare accordingly — for example, planning right to work checks or ECS requests during pending applications.
• Early visibility gives employers time to assess potential workforce continuity issues, while also offering appropriate workplace support.

 

Trust and transparency are essential. Many employees delay disclosure out of fear or uncertainty, increasing the risk of non-compliance when deadlines are missed.

 

3. Using Internal Systems to Plan for Sponsorship or Retention

 

Not all employees will be able to switch to the 5-year route or meet ILR requirements — in which case employers may want to assess whether Skilled Worker sponsorship or other long-term retention strategies are appropriate.

HR systems should allow employers to:

• Log immigration routes, visa expiry dates, and renewal deadlines securely.
• Track employees who may benefit from switching to a sponsored route in future.
• Maintain internal eligibility criteria for sponsorship, so that staff on non-work routes can be considered proactively if roles qualify.
• Use anonymised or redacted reporting to plan for workforce gaps or transitions without breaching confidentiality.

 

This kind of forward planning helps protect organisational continuity and talent retention while staying compliant.

 

Summary: Early Engagement, Not Immigration Advice

 

Employers cannot dictate or control an employee’s immigration path — but they can create systems and workplace cultures that support early, lawful, and informed action. By encouraging staff to disclose immigration intentions in confidence, signposting to regulated advisers, and using internal HR systems to prepare for sponsorship or status transitions, employers can protect both legal compliance and workforce stability. Supporting early ILR efforts helps retain valuable talent and demonstrates a fair, inclusive approach to long-term employee development.

 

 

Section E: Strategic Workforce Considerations

 

Employees on the 10-year route to settlement often face uncertainty and delays in achieving Indefinite Leave to Remain (ILR). For employers, this prolonged immigration journey can create challenges in workforce planning, retention, and compliance. HR teams must take a proactive approach to identifying talent risks associated with uncertain immigration status and consider how alternative, more stable routes — such as Skilled Worker sponsorship — can support business continuity.

This section explores how employers can embed immigration strategy into broader workforce planning, reduce avoidable attrition, and strengthen staff engagement through transparent and supportive dialogue.

 

1. Talent Retention Risks with Long-Term and Uncertain ILR Pathways

 

The 10-year route to settlement is often pursued by employees with complex immigration histories, family-based leave, or limited legal options. However, the extended timescale and frequent renewal requirements can introduce several risks:

• Visa fatigue: Employees may grow disillusioned with repeated applications, uncertainty, and financial strain.
• Insecurity and stress: Fear of refusal or status lapses may affect employee wellbeing and performance.
• Attrition risk: High-performing staff may leave for employers offering sponsorship, stability, or clearer pathways to settlement.

 

HR teams must consider these factors when building long-term workforce plans — especially where employees on human rights or private life routes play key roles in the business.

 

2. Planning Ahead for Skilled Worker Sponsorship as a Stable Alternative

 

If an employee is eligible for a Skilled Worker visa, sponsoring them may offer a more secure and faster route to ILR via the 5-year route. Employers should:

• Identify roles that meet sponsorship eligibility in terms of occupation, salary, and skill level.
• Engage early with employees who may not qualify for early ILR through switching, but who could meet the Skilled Worker criteria.
• Factor in the costs and obligations of sponsorship, including licence management, compliance, and immigration fees.
• Use immigration advisers to assess switching feasibility and prepare applications correctly.

 

This kind of long-term planning allows employers to retain talent, reduce compliance risk, and offer employees a defined pathway to stability.

 

3. Encouraging Open Dialogue Around Long-Term Immigration Goals

 

Proactive employers foster a workplace culture where immigration challenges can be raised confidentially and without stigma. HR policies and practices should:

• Reinforce that staff can speak to HR about immigration concerns without fear of negative consequences.
• Offer a clear process for internal immigration enquiries, such as a designated HR contact, template forms, or protected conversations.
• Encourage early dialogue about upcoming visa renewals, ILR plans, or interest in sponsorship — ideally 6–12 months in advance.

 

This empowers both the employee and employer to plan responsibly and avoid unnecessary disruption, non-compliance, or workforce loss.

 

Summary: Build Immigration into Strategic HR Planning

 

Settlement uncertainty under the 10-year route presents a clear risk to staff retention and workforce stability. Employers that engage early, assess sponsorship opportunities, and foster a transparent culture around immigration are better positioned to secure key talent. Embedding immigration awareness into strategic HR planning — rather than treating it as a reactive issue — gives businesses the tools to mitigate risk, support inclusion, and retain valued employees on long and complex settlement journeys.

 

 

FAQs: ILR After 5 Years on the 10-Year Route (Employer Guide)

 

1. Can someone on the 10-year route to ILR switch to the 5-year route?

 

Yes, provided they meet the eligibility criteria for the 5-year route, such as continuous lawful residence, English language requirements, and passing the Life in the UK Test. The employee must apply for leave under the appropriate 5-year route (e.g. Appendix FM) and meet all the rules.

 

2. Why would an employee switch from the 10-year to the 5-year ILR route?

 

Switching allows the individual to settle earlier — after five years rather than ten. This can provide them with greater long-term stability, remove the need for ongoing visa renewals, and reduce personal and financial stress.

 

3. What is the main difference between the two ILR routes?

 

The 10-year route is usually for applicants who do not meet all the eligibility rules of the 5-year route (e.g. financial thresholds or relationship evidence), but can remain in the UK under human rights grounds. The 5-year route is more stringent but offers faster settlement.

 

4. Does being on the 10-year route affect someone’s right to work?

 

No. As long as the employee has valid leave to remain, or has submitted an in-time application, they are legally permitted to work. Employers should ensure correct right to work checks are carried out, including use of the Employer Checking Service where needed.

 

5. Should employers advise staff to switch ILR routes?

 

No. Employers should avoid giving immigration advice unless authorised by the OISC or a regulated legal adviser. Instead, they can signpost employees to qualified immigration professionals and provide time off or internal support where appropriate.

 

6. Can an employer sponsor someone on the 10-year route to switch to a Skilled Worker visa?

 

Yes — if the role meets the sponsorship criteria and the employee is eligible. This creates a new five-year path to settlement, often more secure than the private/family life route. However, sponsorship requires a valid sponsor licence and full compliance with immigration rules.

 

7. What steps should HR take if an employee wishes to switch to the 5-year ILR route?

 

HR can:

• Encourage the employee to seek independent immigration advice.
• Track visa expiry and renewal dates via secure systems.
• Use the Employer Checking Service if necessary to confirm right to work.
• Avoid discrimination or assumptions based on the employee’s route or status.

 

8. Is someone on the 10-year route less reliable as an employee?

 

No. Being on the 10-year route does not reflect negatively on the employee’s reliability or character. Many individuals are on this route due to past immigration complexity or family circumstances. Employers should judge solely on performance and legal work eligibility.

 

9. What risks arise if an employee loses immigration status during this process?

 

If the employee’s leave expires and no valid application is pending, they lose the right to work. Employers may face penalties for illegal working. It’s essential to monitor expiry dates, request confirmation of in-time applications, and act promptly using ECS checks where needed.

 

10. How can employers prepare for future ILR or visa-related transitions?

 

Implement strong HR systems to:

• Track visa timelines.
• Foster open dialogue with staff.
• Stay informed on immigration rule changes.
• Build relationships with immigration professionals or advisers.

 

This reduces last-minute risks and helps retain talent legally and effectively.

 

 

Conclusion: Navigating ILR Timelines with Confidence

 

Understanding the differences between the 10-year and 5-year routes to Indefinite Leave to Remain (ILR) is essential for UK employers managing a diverse and internationally mobile workforce. While these settlement routes are individual to each employee, they carry direct implications for right to work compliance, workforce stability, and long-term retention planning.

For staff on the 10-year private or family life route, the option to switch to a 5-year route can open the door to earlier settlement — but only if strict eligibility criteria are met. This creates a complex legal and emotional decision for the employee, and one which HR must approach with neutrality, confidentiality, and informed support.

Employers cannot and should not give immigration advice unless authorised, but they can:

• Signpost staff to trusted advisers.
• Monitor visa and ILR timelines.
• Offer flexibility for application-related tasks.
• Avoid discriminatory practices.
• Plan proactively for potential future sponsorship.

 

By embedding immigration awareness into HR systems and fostering open, informed conversations, employers position themselves to retain valuable staff, minimise compliance risk, and contribute to a fair, inclusive workplace.

Ultimately, the question of whether an employee on a 10-year route can move to the 5-year ILR path is both a legal and strategic one. With the right processes in place, employers can respond to this challenge with clarity, compliance, and care.

 

 

Glossary

 

Term	Definition
ILR (Indefinite Leave to Remain)	Permanent residency status in the UK allowing individuals to live and work without immigration restrictions.
10-Year Route	A long-term immigration pathway typically based on private or family life grounds, requiring 10 years of continuous lawful residence.
5-Year Route	A faster settlement pathway for individuals meeting strict eligibility under routes such as Skilled Worker or Spouse visas.
Section 3C Leave	Automatic extension of a person’s existing immigration permission while a timely application is being decided by the Home Office.
BRP (Biometric Residence Permit)	An official ID card issued to visa holders showing their immigration status and right to work.
Appendix FM	A section of the UK Immigration Rules covering family-based visa routes, including partners, children, and parents.
OISC	Office of the Immigration Services Commissioner – regulates immigration advisers in the UK.
Employer Checking Service (ECS)	A Home Office tool employers can use to verify an individual’s right to work where documentation is not available.
Right to Work	The legal entitlement of a non-UK national to take employment in the UK, confirmed through official documentation or Home Office checks.

 

 

Authoritative Links and Resources

 

Resource	Link
Home Office Guidance: Private Life	https://www.gov.uk/private-life-in-uk
Appendix FM of the Immigration Rules	https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
Right to Work Guidance for Employers	https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
Employer Checking Service	https://www.gov.uk/employee-immigration-employment-status
Life in the UK Test	https://www.gov.uk/life-in-the-uk-test
Citizens Advice Immigration Support	https://www.citizensadvice.org.uk/immigration/
OISC – Find a Registered Adviser	https://www.gov.uk/find-an-immigration-adviser