Indefinite Leave to Remain: 2025 Guide

Section A: What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) is a form of permanent residency granted by the UK government to individuals who have demonstrated a long-term commitment to living in the UK.

ILR allows individuals to live, work and study in the UK indefinitely without the need for visa renewals. ILR holders can work in any business, profession or employment, including self-employment, can undertake any type of study and apply for benefits if eligible. They may also be able to be joined in the UK by eligible non-British family members.

1. Benefits of ILR

ILR holders can live in the UK indefinitely without any time restrictions, providing long-term stability and security.

ILR status also encompasses work authorisation for the holder. This means once you have been granted ILR status, you do not need to apply for separate permission to work. In addition, any restrictions on the type of work you can do or limitations such as working hours and salary levels will no longer apply. You can also become self-employed or start a business.

ILR holders can access the National Health Service (NHS) and other public services on the same basis as British citizens, ensuring comprehensive healthcare and social support.

ILR holders are entitled to the same educational opportunities as UK citizens, including access to state schools and universities. They may also qualify for student loans and grants.

In terms of family-related benefits, any child you have in the UK while you have valid ILR status will automatically be a British citizen. ILR holders may also be joined by eligible non-British family members in the UK.

Finally, and perhaps most importantly, Indefinite Leave to Remain is a key prerequisite for applying for British citizenship.

2. How Long is Indefinite Leave to Remain Valid?

Indefinite leave to remain is without time limit but can be lost if the holder is out of the UK for more than two years, or can be revoked for reasons of national security or if the holder is being deported following a conviction. For those with EU Settlement Scheme settled status, ILR generally lapses after five years’ continuous absence from the UK, or four years for Swiss EUSS settled status.

3. Distinction between ILR and Other UK Visas and Residency Statuses

Indefinite Leave to Remain is distinct from other immigration categories and statuses in the following ways:

a. Temporary Visas

Temporary visas, such as the Skilled Worker visa, Student visas or Family visas, are typically issued as leave to remain for a specific period and purpose. These visas often require renewal and are subject to various restrictions such as limitations on work or study. In contrast, ILR provides permanent residency without the need for periodic renewals and fewer restrictions on activities within the UK.

b. Settlement Visas

Partner and parent routes under Appendix FM are time-limited but can lead to settlement. Once ILR is granted, those time limits no longer apply.

c. British Citizenship

There are several differences in rights and status between indefinite leave to remain and British citizenship. The eligibility requirements and application process also differ between ILR and naturalisation as a British citizen.

ILR is a prerequisite for those wishing to apply to naturalise as British citizens. Before you can apply to naturalise, you need to have held ILR status for at least one year unless you are married to a UK resident or citizen, in which case you do not have to wait the 12-month period to apply.

While ILR allows permanent residency and most of the rights of a British citizen, including access to public services and the ability to work without restrictions, it does not grant the right to a British passport. ILR alone does not confer voting rights, as voting rights depend on nationality, for example, qualifying Commonwealth and Irish citizens may vote. Citizenship provides these additional rights and responsibilities.

In addition, ILR status can be lost, for example, if the individual has been absent from the UK for more than 2 years or, in certain circumstances, revoked.

d. EU Settled Status

Following Brexit, the EU Settlement Scheme was introduced for EU, EEA and Swiss citizens residing in the UK prior to 31 December 2020. Settled status under this scheme is equivalent to ILR, offering similar rights and benefits. However, the application process and eligibility criteria are different and the EU Settlement Scheme is now closed to most new applicants. EU citizens who came to the UK after 1 January 2021 who become eligible for settlement should apply for ILR. EUSS settled status will generally lapse after five years’ continuous absence from the UK, or four years for Swiss EUSS settled status.

e. EU Permanent Residence

Permanent residence was effectively replaced by EU Settled Status. Prior to the introduction of the EU settlement scheme, EU nationals applied for a permanent residence card to prove they had obtained the five-year residence, which could then be relied on when applying to naturalise as a British citizen.

f. Right of Abode

The right of abode and ILR both grant qualifying individuals the right to live in the UK free from immigration control and restrictions. However, the right of abode applies only to British citizens and qualifying Commonwealth nationals.

g. Further Leave to Remain

If you are in the UK under a visa but are not yet eligible for ILR, you might be able to extend your current visa by applying for Further Leave to Remain. Further Leave to Remain is only available to those on certain visa categories, such as the Spouse visa, and grants an additional period of temporary leave. This typically means that after a period of Further Leave to Remain, the individual becomes eligible to apply for ILR.

4. Differences Between Limited, Further and Indefinite Leave to Remain

Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and to remain here until their visa expires. Under limited leave to remain, you will have to meet the conditions of your visa throughout your stay, such as having a valid certificate of sponsorship if you have a Skilled Worker visa and having no recourse to public funds while in the UK.

Limited leave to remain requires you to depart the UK at the end of the specified visa period or to make a further application to the Home Office to retain lawful status. Depending on your circumstances and eligibility, this could mean applying for further leave to remain through a visa extension or indefinite leave to remain.

Limited leave to remain allows you to stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK.

There are, however, other differences that go beyond time restrictions. Limited leave to remain is usually granted on the condition that you maintain and accommodate yourself and any dependants without recourse to public funds. This means that for the duration of your stay in the UK, you are likely to be excluded from any welfare benefits, as well as most forms of local authority housing and homelessness assistance.

As the holder of limited leave to remain, other conditions may also be imposed as part of your permission to remain in the UK, including, for example, a condition restricting your employment or your studies. In contrast, ILR holders will be free from immigration restrictions, and will broadly have the same rights and entitlements to services and welfare benefits as a UK citizen.

Section B: Routes to UK ILR

Not all visas provide a route to ILR. Visa routes that qualify for UK ILR include the following:

a. ILR based on a Work visa

1. Tier 2, T2, International Sportsperson or Skilled Worker visa (Tier 2 is a legacy route for existing holders)
2. Scale-up Worker visa
3. Global Talent visa, Tier 1 visa or Investor visa (Tier 1 categories are legacy routes for existing holders only)
4. Innovator Founder visa
5. Representative of an overseas business (closed to new main applicants, legacy holders may qualify)
6. Turkish Worker or Businessperson visa (legacy route for existing holders)
7. Private servant in a diplomatic household with an International Agreement visa, or a domestic worker (settlement depends on sub-route and is available only to certain legacy domestic workers granted under the rules in place before 6 April 2012)

b. ILR based on Family

It may be possible to be eligible for UK ILR on the basis of a family relationship with someone who is either a British citizen or has UK settled status. Eligible routes include:

1. Spouse visa (partner visa)
2. Parent visa
3. Child dependent visa
4. Adult dependent relative visa
5. Private life route
6. If your partner is deceased
7. If your relationship has ended due to domestic violence

c. ILR based on Nationality

Ancestry visa holders can become eligible for ILR after 5 years in the UK. Commonwealth citizens with the Right of Abode in the UK are able to live and work in the UK free from immigration restrictions and may be eligible for citizenship.

d. ILR based on Long Residence

Another way to qualify for ILR is through the long residence route. If you have at least ten years of continuous, lawful residence, you may be eligible to settle.

e. Other Routes

Additional routes to UK settlement include:

1. Discretionary leave
2. Status as a refugee or humanitarian protection
3. Returning residents who have previously held ILR
4. Armed forces personnel

Section C: ILR Rule Changes

The 2025 UK Immigration White Paper outlines a number of changes that, if introduced, would affect how long migrants must wait before applying for settlement and, later, British citizenship. The most significant proposal is to extend the qualifying period for ILR from five years to ten years for most applicants. Since you generally need to hold ILR for at least a year before you can apply for citizenship, this change could push the overall wait for naturalisation up to 11 years.

A new “earned settlement” approach is also being proposed. This would require applicants to demonstrate ongoing contributions to the UK—such as employment in key industries, community involvement or recognised skills. These factors would be evaluated under a revised points system when considering both ILR and citizenship applications.

Some categories may still follow a shorter route. People with refugee status and partners of British citizens are expected to keep access to faster settlement and naturalisation pathways. However, full details on how the proposals would work in practice have not yet been confirmed. It’s also not clear if the longer wait for ILR would apply to people already on the five-year route.

In the meantime, current ILR and citizenship rules are still in place. If you’re already eligible, or will be soon, it may be sensible to apply before any changes take effect. Those at an earlier stage of the process should be aware that the timeline to citizenship could become significantly longer, with more evidence required to show long-term benefit to the UK.

Section D: Indefinite Leave to Remain Requirements

ILR is not automatically granted. Strict eligibility criteria should be met and evidenced as part of the formal Home Office application process, which includes completing the relevant form and submitting supporting documentation.

The requirements to be eligible for ILR are as follows:

a. Residence Requirement: Living lawfully in the UK for the relevant minimum period of continuous residence, which depends on your current immigration route.

b. Absence Limit: Spending no more than 180 days in any rolling 12-month period outside the UK during the qualifying residency period (subject to limited exemptions for serious or compelling reasons under the Rules and guidance).

c. English Language Proficiency: Proving sufficient knowledge of the English language, to the standard of at least B1 English proficiency as required by the current Immigration Rules (proposals to raise this, such as to B2, are not in force).

d. Life in the UK test: Passing the Life in the UK test.

e. Suitability Requirements: Not falling for refusal under the suitability provisions of the Immigration Rules (replacing the previous “good character” wording). Suitability covers criminality, immigration compliance and related conduct.

f. Visa-Specific Requirements: Certain visa categories impose specific criteria on visa holders applying for ILR, such as the Skilled Worker and Scale-up salary or earnings thresholds that apply at settlement stage.

Applying for ILR involves a commitment to respect the laws, values and traditions of the UK. Your knowledge of the English language and life in the UK forms an integral part of this commitment. This is known as the KoLL condition. These two parts can be broken down as follows: knowledge of English language, and knowledge of life in the UK.

All those applying for indefinite leave to remain under a route which requires KoLL should meet both parts of the condition, unless exempt.

Certain routes are exempt from KoLL, including victims of domestic violence, bereaved partners, discharged HM Forces (incl. Gurkhas), adult dependent relatives and others set out in Appendix KoLL/caseworker guidance.

1. UK Continuous Residence Requirement

Your current immigration status will determine the length of continuous period required for ILR eligibility, as specified under Appendix Continuous Residence. Continuous residence means that the applicant has been physically present in the UK for the entire qualifying period.

When you can apply for Indefinite Leave to Remain depends on the type of visa you currently hold:

ILR will be refused if the applicant does not meet the continuous period requirement set out in the Immigration Rules.

Time on routes that don’t lead to settlement (for example, Visitor) does not count. Time while an in-time application is pending does count if your leave is extended by section 3C.

You do not automatically qualify for ILR on completion of your continuous period of lawful residence in the UK. You should submit an application for ILR to the Home Office to determine your eligibility.

You are allowed to submit your ILR application up to 28 days before you will attain the qualifying period of continuous residence.

a. Qualifying Periods

The majority of ILR applications are through routes that require 5 years with lawful status and residence. You should have lived in the UK continuously for five years on a valid visa to be eligible for Indefinite Leave to Remain.

The ILR long-residence route may be available for those who have lived in the UK for at least 10 consecutive years. You can qualify for the ten-year long-residence route regardless of the type of visa you have held, as long as you have been residing legally in the UK during that time.

Accelerated ILR may be available to some visa holders under certain business routes after only 2 or 3 years, such as under the Global Talent visa. Eligibility for fast-tracked ILR will depend on certain conditions being met. For example, if a holder of a Global Talent visa has received recognition as an extraordinary talent by the British Academy, the Royal Academy of Engineering, the Royal Society, UK Research and Innovation, the Arts Council England, or Tech Nation, they may apply for ILR after three years.

b. Calculating Continuous Residence

Evidencing that you meet the residency requirement by calculating your continuous period and absences from the UK is not always straightforward. We recommend taking professional advice to ensure you are in compliance with this stringent eligibility requirement.

The continuous period requirement is the minimum amount of time you should spend lawfully present in the UK before being eligible to qualify for ILR. This involves calculating how many days absence from the UK you have accrued.

Importantly, for the full duration of the period, you should have held valid leave to enter or remain.

To calculate the relevant qualifying period, count backwards from whichever of the following is most beneficial to you: the date of application; the date of decision; or any date up to 28 days after the date of application.

2. ILR Absence Rule

Absences from the UK are assessed against a limit of no more than 180 days in any rolling 12-month period during your qualifying period. All travel counts toward the totals, including business travel as well as personal trips. Where serious or compelling reasons apply, the Rules and guidance allow limited exceptions that can prevent a break in residence, provided you evidence the circumstances.

In your application, you should provide reasons and evidence for your absences. Part-day absences do not count; only whole days out of the UK are counted. The period between entry-clearance being issued and entering the UK counts as absence.

Absences linked to your work in the UK can be consistent with residence where the 180-day limits are respected. Paid annual leave and normal patterns of short trips can be covered with employer letters where needed. Employment outside the UK does not, by itself, make absences disregarded for ILR; days abroad still count toward the 180-day totals unless a specific exception applies.

Time working offshore beyond UK territorial waters (outside 12 nautical miles) is treated as absence and does not count towards the qualifying period.

Partners are subject to the 180-day rolling absence rule, while dependent children are not subject to an absences limit for settlement.

Exceeding the number of absences allowed would usually mean the continuous residence period is broken and therefore disqualification from being eligible for settlement, unless an exception applies. If you believe an exception may apply, take advice before proceeding and provide evidence.

3. English Language Requirement

A further requirement for ILR is to prove your knowledge of the English language is at the required standard. For ILR, there are numerous ways to prove you meet the English language requirement.

In most cases, ILR applicants will need to show they have passed a Secure English Language Test (SELT) that certifies speaking and listening in English at level B1 or higher. If you have already passed an approved test as part of a previous visa application, you may be able to rely on this for your ILR application. Note that proposals to increase the level are not yet law and would only apply once the Rules are updated.

Alternatively, if you have a degree taught in English, you may satisfy the speaking and listening portion of the knowledge of language requirement, provided your qualification meets the recognition rules. You can only rely on qualifications that are Home Office approved and recognised by Ecctis where relevant.

You will need an Academic Qualification Level Statement (AQUALS) from Ecctis (formerly UK NARIC) where required to confirm the level and language of instruction. A degree awarded in a majority English-speaking country listed in Appendix English Language can satisfy the requirement under the Rules.

You are exempt from the ILR English language requirement if you are a citizen of a country listed as a majority English-speaking country in Appendix English Language.

There are also other categories of applicant who may be exempt from the KoLL condition when applying for indefinite leave to remain, including victims of domestic violence, bereaved spouses or partners of someone present and settled in the UK, or retired persons of independent means (legacy cohorts).

4. Life in the UK Test

Most people applying for ILR aged between 18 and 64 will need to pass the Knowledge of Life in the UK Test. The test covers the history, politics and culture of the UK. It is a computer-based, multiple-choice exam and costs £50 to sit. You have to score 75% to pass. You can sit the test as many times as you need to pass, though you will have to pay for each attempt. The test should be booked online through the Home Office website. The test should be taken at an authorised test centre.

Read our full guide to the Life in the UK Test.

5. Suitability Requirements

While the British Nationality Act uses a formal “good character” test for citizenship applications, ILR decisions are taken under the suitability provisions of the Immigration Rules. UKVI assesses criminality, immigration compliance, deception and related conduct when deciding settlement applications.

Applicants should disclose relevant convictions and immigration history as required by the application. Unsatisfactory suitability findings can lead to refusal or cancellation of permission under the Rules. If there are any concerns about past conduct, take advice before applying.

6. Visa-Specific Criteria

Different visa routes may impose specific requirements on those looking to apply for ILR.

Our specialists can advise on the route-specific criteria to be met. For example, Skilled Worker settlement requires the salary to meet the live settlement thresholds and going rates at ILR, not only at the initial grant. Scale-up applicants should evidence earnings as required for settlement under that route.

Section E: How to Apply for Indefinite Leave to Remain

Provided you are eligible and meet the relevant ILR requirements, you can make your ILR application to the Home Office.

1. ILR Application Form

To make an application for indefinite leave to remain, you will need to complete the relevant form and compile the supporting documents to submit to the Home Office. There are two forms for indefinite leave to remain: form Set (O) and form Set (M). For long residence applications, the route uses SET(LR). Applications are completed online.

2. Step-by-Step Guide to the ILR Application Process

Step 1: Determine Eligibility

Ensure you meet the general eligibility requirements and specific criteria for your visa category. Check that you have completed the necessary continuous residence period without exceeding the allowed absences.

Step 2: Gather Required Documents

Compile all necessary documents and evidence to support your application (details provided below).

Step 3: Complete the Application Form

Fill out the appropriate ILR application form, which can be done online through the UK government’s website. Ensure all sections are completed accurately and truthfully.

Step 4: Book and Attend a Biometric Appointment

Schedule a biometric appointment at a UKVCAS centre to provide your fingerprints, photograph and signature. Attend the appointment and retain the confirmation receipt.

You can also submit digital copies of supporting documents at this appointment if they have not already been uploaded.

Step 5: Submit the Application

Submit the completed application form and pay the application fee online. Upload or mail the required supporting documents as specified.

Step 6: Wait for a Decision

After submission, UK Visas and Immigration (UKVI) will review your application.

You may be contacted for additional information, or you may be invited to an interview if UKVI requires further details about you and your application.

Step 7: Receive the Decision

You will receive a decision letter via post or email. If approved, you will be issued confirmation of your ILR status.

3. Supporting Documents for ILR

As part of your ILR application, you will need to submit a number of supporting documents to prove your eligibility.

Typically, this would include:

Additional documents will also be required, depending on the type of visa you currently have, among other factors. For example, if you are applying for ILR as a Skilled Worker, you will need to provide details about your employment, while if you have an Ancestry visa, you will need to provide the birth and/or marriage certificates of your grandparents as proof of nationality. Unmarried partners have to show proof of cohabitation. For applicants with significant work travel, an employer letter explaining business absences can support your evidence.

4. ILR Application Fees

The standard fee for an ILR application is £3,029 per applicant including children.

Additional fees may apply for UKVCAS value-added services and premium processing services.

5. ILR Processing Times

Indefinite leave to remain applications typically take up to six months for a decision. ILR applications can take longer if the caseworker requests additional information or documentation. As such, it is advisable to ensure your submission and application are complete and correct to avoid potential delays in processing.

You may be able to pay for fast-tracked processing under the ILR priority and super priority services; you will be advised if these are available when you make your ILR application.

6. ILR Priority Processing

In some cases, fast-track processing of your ILR application may be available for an additional fee.

If you are eligible for premium processing, you will be advised when you submit your application. The options are priority processing and super priority processing.

a. ILR Priority Processing

Under the priority service, you should receive a decision within 5 working days. The five days start from either the day of your UKVCAS appointment or the next working day after you have uploaded all of your supporting documents through the UK Immigration: ID Check app. It costs £500 in addition to the ILR application fees.

b. ILR Super Priority Processing

Under the super priority service, you can receive a decision by the end of the next working day after your UKVCAS appointment or within 2 working days if your appointment is on a weekend. This service costs £1,000 in addition to the normal application fees.

For the purposes of processing times, working days are classed as Monday to Friday and do not include bank holidays. Super priority appointments at weekends are treated as having taken place on the next working day, i.e. the following Monday, or in the case of a bank holiday, the Tuesday.

7. Common ILR Application Mistakes to Avoid

Applying for Indefinite Leave to Remain (ILR) is a detailed process that requires careful attention to the rules, forms and supporting evidence. To increase the likelihood of a successful application, it helps to understand where applicants typically go wrong, how to prepare effectively, and when to seek expert help.

a. Incomplete or Incorrect Forms: Ensure all sections of the application form are completed accurately and truthfully. Double-check for any errors or omissions before submission.

b. Insufficient Supporting Documents: Failing to provide all necessary documents can lead to delays or refusals. Make sure to include every required document, such as proof of residence, financial evidence and relationship proof.

c. Incorrect English Language Test: Taking an unapproved English language test or failing to meet the required level can result in rejection. Confirm that the test centre and test type are approved by UKVI.

d. Overlooking Continuous Residence Rules: Exceeding the permitted number of absences from the UK or not maintaining continuous residence can impact your application. Keep meticulous records of your travel history.

e. Ignoring Application Deadlines: Submit your application within the appropriate timeframe, typically before your current visa expires. Late applications can lead to loss of lawful status and potential removal from the UK.

f. Inaccurate Financial Evidence: Ensure that your financial documents are up to date and clearly demonstrate your ability to meet financial requirements. Inconsistent or outdated information can cause problems.

g. Failing to Link Your eVisa: ILR holders who still hold a BRP should create a UKVI account and link their current passport to ensure seamless proof of status under the new digital system.

Section F: ILR for Dependants

You may also apply for ILR on behalf of your dependent family members, such as your spouse or partner and children.

Dependants can include:

a. Partner – spouse, civil partner or an unmarried partner who has lived with you for at least 2 years.

b. Children younger than 18.

c. Children aged 18 or over can qualify where they last had permission as your dependant before turning 18 and are not leading an independent life.

Dependants should also meet the criteria for the Life in the UK test and the English language requirement where relevant, and the continuous residency rules that apply to their route. The 180-day absence limit does not apply to children at settlement. Partners are assessed against residence and suitability in line with their route.

In most cases, family members can apply for ILR at the same time as the primary visa holder since they received their visas at the same time and for the same period. If a dependant arrived later, they may need to wait until they attain their own qualifying time before applying.

Read our full guide to ILR for dependants.

Section G: If your ILR Application is Approved

If the Home Office approves your ILR application, you will receive confirmation of your new immigration status. This means you can live, work and study in the UK without time restrictions, access public services such as the NHS and enjoy most benefits available to British citizens.

1. Proving ILR Status

While it is not mandatory to have a physical document proving your ILR status, it is advisable to retain official confirmation for everyday use, such as employment or travel.

Previously, the Home Office issued Biometric Residence Permits (BRPs) to ILR holders. However, all BRPs have now expired and have been replaced by eVisas. Create a UKVI account, link your current passport, and use the online ‘View and Prove’ service. You cannot use an expired BRP for travel, but you may still be able to use it for up to 18 months after the printed expiry to generate share codes or to help set up your UKVI account.

ILR holders now need to create a UKVI account and link their current passport to access and share their immigration status online. You can view and prove your ILR digitally through the “View and Prove your immigration status” service on GOV.UK.

Your ILR status does not expire when a BRP expiry date passes, and your rights and entitlements as a permanent resident are unaffected. Setting up a UKVI account ensures your status remains accessible when you travel or prove your right to work or rent.

Read our full guide to eVisas and proving digital immigration status here.

Some ILR holders may still hold legacy stamps in passports confirming status, such as Indefinite Leave to Enter (ILE) or NTL (No Time Limit) endorsements. These remain valid as proof of ILR, although it is recommended to transfer legacy evidence into the eVisa format.

EU Settled Status holders should use the Home Office online service to view and prove their status by generating a share code.

2. Maintaining ILR Status

While indefinite leave to remain is granted on a permanent basis, there are specific situations where the status can lapse or be revoked.

a. Loss of ILR

ILR status lapses if you are absent from the UK for more than two consecutive years. For those with EU Settlement Scheme settled status, the absence limit is five years (or four years for Swiss citizens).

If your ILR lapses, you will need to apply for a Returning Resident visa before returning to the UK to resume settlement. Under Appendix Returning Resident, the Home Office will assess whether you maintained strong ties to the UK and genuinely intend to return to live permanently.

Examples of strong ties include family, property or business interests in the UK, as well as the length of your original residence and reasons for time spent abroad.

Acceptable reasons for long absences may include caring for a relative, overseas study or employment with a UK-based organisation. If approved, your ILR status will be reinstated when you re-enter the UK.

If you are travelling to the UK for any purpose other than resettlement, you must apply for the appropriate visa instead.

Limited exceptions exist for absences over two years where you remain closely connected to the UK. For example, ILR will not lapse if you are the spouse or partner of a member of the UK armed forces or a UK government employee posted overseas, or if you are serving overseas yourself in the armed forces.

b. ILR Status Revoked

ILR can be revoked if you are deported from the UK or found to have obtained leave by deception.

It can also be withdrawn if you are liable to deportation but cannot be removed for legal reasons, or if you were granted ILR as a refugee and have ceased to be a refugee.

For refugees, ILR may be revoked if you voluntarily avail yourself of the protection of your country of nationality, reacquire a lost nationality, acquire a new nationality and avail yourself of its protection, or voluntarily establish yourself in another country.

Revocation is not dependent on physical removal from the UK. Once revoked, your right to remain ends unless you secure fresh permission or successfully challenge the decision.

Any person who obtains leave to remain by deception commits an offence. If convicted of deception, the Home Office can revoke ILR on the civil standard of proof (balance of probabilities), supported by the criminal finding.

3. Applying for British Citizenship with ILR Status

Achieving UK settlement through ILR is a key step toward British citizenship, but ILR does not automatically confer citizenship.

To qualify for naturalisation, you must meet the relevant residence, character and knowledge requirements under the British Nationality Act 1981. In most cases, you must have held ILR for at least 12 months before applying for citizenship, unless you are married to a British citizen, in which case you may apply immediately after ILR is granted.

British citizenship grants full rights and responsibilities, including the right to vote in all elections, eligibility for a British passport and access to consular assistance abroad. ILR holders are not entitled to vote in national elections or hold a British passport.

The UK allows dual nationality, so ILR holders can usually retain their existing citizenship while becoming British citizens, subject to the laws of their home country.

Section H: ILR Application Refused?

If your ILR application has been refused, while frustrating and disappointing, this does not necessarily mean that you will never attain indefinite status in the UK.

The first step is to understand the grounds for refusal. These are set out in the decision notice issued by the Home Office and can include errors in completing the form, payment of an incorrect fee, insufficient evidence of continuous residence, or refusal on suitability grounds such as criminality or breaches of immigration conditions.

Once you have identified the reason for refusal, you can consider your next step. In most cases, the decision will specify whether you are entitled to request an administrative review, lodge an appeal, or make a fresh application. The correct route depends on the basis of the refusal and the type of ILR application you made.

If the decision was based on missing or incorrect documentation, a new application with the correct evidence may be the fastest route to approval. If the refusal appears to result from an error in law or procedure by the Home Office, you may have scope to challenge it through administrative review or judicial review, depending on the circumstances.

Where the refusal involves criminality or deception findings, the Home Office applies the suitability provisions in the Immigration Rules. From 11 November 2025, ‘Part 9: Grounds for Refusal’ is replaced by Part Suitability, permitting refusal of ILR where an applicant is deemed unsuitable for settlement due to conduct, deception or previous immigration breaches.

If your ILR has been refused and your previous visa has now expired, your right to remain lawfully in the UK will depend on whether section 3C leave applies. If it does not, you should take immediate advice to regularise your status to avoid overstaying.

Taking professional advice is highly advisable after an ILR refusal. An immigration specialist can identify whether the refusal can be overturned, whether new evidence can be submitted, or whether another route to settlement is more appropriate.

Section I: Summary

Obtaining UK Indefinite Leave to Remain (ILR) is a significant milestone, offering long-term stability and the freedom to live and work in the UK without immigration restrictions. It also provides access to public services, the ability to study without limitations, and a pathway to British citizenship.

Applicants should ensure they meet both the general and route-specific eligibility requirements, gather all necessary documentation, and follow the formal application process carefully to avoid refusals or delays. Supporting evidence should be accurate, comprehensive and presented in the format expected by the Home Office.

Maintaining continuous residence is central to ILR eligibility, with the 180-day absence rule applied across most routes. Absences should be tracked accurately and supported with documentation if requested. Failure to adhere to this rule is one of the most common causes of refusal, alongside missing documents, incorrect forms and issues with KoLL or suitability.

Applicants should also be aware of the wider policy environment. While the current qualifying period for ILR remains five years for most visa holders, government proposals indicate potential changes toward a ten-year standard, a points-based “earned settlement” system and higher English requirements. These have not yet taken effect but may impact long-term planning.

Taking early advice helps ensure your route, timing and documentation align with current rules and that you are prepared for future changes once they come into force.

Section J: Need Assistance?

As UK immigration specialists, DavidsonMorris help individuals across all UK visa, settlement and immigration needs, including applications for indefinite leave to remain. We are highly experienced in supporting ILR applicants through the Home Office process, providing guidance on eligibility, compiling supporting documentation and liaising with the Home Office.

In particular, we have extensive expertise in complex ILR matters, such as time-sensitive applications, applications following a refusal and where there are issues relating to potential excessive absences or past criminal convictions.

If you have a query about your ILR application, contact us for expert advice.

Section K: FAQs on Indefinite Leave to Remain

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK, allowing individuals to live, work and study in the country without any time restrictions. It is also a key step toward British citizenship.

How long do I need to live in the UK before applying for ILR?

The required period of continuous residence typically ranges from 2 to 10 years, depending on your visa category. Most common routes require 5 years of continuous residence.

Can I apply for ILR before 28 days?

You can submit your ILR application up to 28 days before the end of your qualifying period. Applying earlier than this will likely result in refusal. You should also apply before your current permission expires to remain lawfully in the UK.

What are the main eligibility criteria for ILR?

Eligibility criteria include completing a qualifying period of continuous lawful residence in the UK, meeting the English language requirement, passing the Life in the UK Test and not falling for refusal under the suitability provisions of the Immigration Rules.

What documents do I need to provide with my ILR application?

Required documents include your current and previous passports, biometric residence permit (or eVisa confirmation), proof of continuous residence, financial evidence, English language test certificate or degree proof, and the Life in the UK Test pass certificate. Additional documents apply for certain visa types.

What is the Life in the UK Test?

The Life in the UK Test is a mandatory test for ILR applicants that assesses knowledge of British history, culture and institutions. It must be taken at an authorised test centre and costs £50 per attempt.

How do I prove my English language proficiency?

You can prove your English language proficiency by passing an approved Secure English Language Test (SELT) at B1 level or by providing evidence of a degree taught in English that meets the requirements in Appendix English Language. Nationals of the countries listed as majority English-speaking in Appendix English Language are exempt.

What are the fees for applying for ILR?

The standard application fee for ILR is £3,029 per person. Optional faster decisions are available through the priority (£500) and super priority (£1,000) services. These fees are current as of November 2025.

How long does it take to process an ILR application?

Standard processing times for ILR applications are typically within 6 months. Priority and super priority services can provide a decision in 5 working days or 24 hours respectively, depending on eligibility.

What happens if my ILR application is rejected?

If your ILR application is rejected, the Home Office decision letter will explain the reasons. Depending on the refusal, you may be able to request an administrative review, lodge an appeal, or reapply with stronger evidence. Professional advice can help determine the best next step.

Can I travel outside the UK while my ILR application is being processed?

You should not travel outside the UK while your ILR application is pending. Doing so will automatically withdraw your application.

How long can I stay outside the UK without losing my ILR status?

ILR holders should not spend more than 2 consecutive years outside the UK. For those with EU Settlement Scheme settled status, the absence limit is 5 years (4 years for Swiss citizens). Exceeding these limits will cause ILR to lapse, requiring a Returning Resident visa to return to the UK.

How does ILR lead to British citizenship?

After holding ILR for at least 12 months, you may apply for British citizenship through naturalisation if you meet the other statutory requirements. Spouses of British citizens may apply immediately after ILR is granted.

Can my family members apply for ILR?

Eligible family members can apply for ILR as dependants. They must meet the requirements relevant to their route. The 180-day absence rule applies to partners but not to children.

What is the seven-year ILR rule?

The seven-year rule applies under the private life route. A child under 18 who has lived in the UK continuously for seven years may apply for permission to stay based on private life. This can lead to ILR after 10 years’ lawful residence but does not itself grant permanent status.

Do I need legal advice to apply for ILR?

While legal representation is not mandatory, it is highly advisable. Immigration solicitors can assess eligibility, ensure your documentation meets Home Office expectations and reduce the risk of refusal or delay.

Section L: Glossary

Section M: Additional Resources