TRW & Co · UK immigration
Indefinite Leave to Remain: Eligibility and Application
Indefinite leave to remain is permission to live in the UK without a time limit. Most people qualify after five years on a settlement route, if they meet the 180-day absence rule, pass the Life in the UK test and prove English. This guide explains eligibility, the application, the B2 change from March 2027 and the proposed ten-year earned settlement model.
Key pointFrom 26 March 2027 the English requirement for settlement on many routes rises to B2, and Skilled Workers must prove English again at the settlement stage; anyone qualifying around that date should plan their test and application date now.
At a glance
Five-year norm
Most work and partner routes lead to ILR after five years under the rules in force in October 2026; some Global Talent and Innovator Founder holders qualify after three.
180-day absence limit
Applicants must not have been outside the UK for more than 180 days in any 12-month period, subject to limited exceptions for compelling circumstances.
B2 English from 2027
A Statement of Changes laid in March 2026 raises the settlement English requirement on many routes to B2 for applications from 26 March 2027.
Fee and timing
GOV.UK lists £3,226 per person for Skilled Worker ILR, with decisions usually within six months and paid priority services available.
Earned settlement pending
The government proposed a ten-year baseline with reductions and increases, applying to people already here, but had not implemented it by October 2026.
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The short answer: who can get indefinite leave to remain
Indefinite leave to remain (ILR) is permission to live in the UK without any time limit. Most people qualify after five years on a route that leads to settlement, such as the Skilled Worker or partner routes, provided they meet the continuous residence rules, pass the Life in the UK test, prove English where required and pass the suitability checks. Some routes allow ILR after three years; the long residence route takes ten.
As of October 2026, those five-year periods remain in the Immigration Rules. The government has consulted on an "earned settlement" model that would make ten years the normal qualifying period and apply it to people already in the UK, but it had not been written into the Rules. Separately, the English requirement for ILR on many routes rises from B1 to B2 for applications made on or after 26 March 2027.
The date on which you apply is therefore becoming as important as the evidence you submit.
The legal framework for settlement
The Immigration Act 1971 allows leave to be given for a limited or an indefinite period. The Immigration Rules set out which routes lead to settlement and what each requires. Settlement requirements are spread across route appendices, together with three cross-cutting appendices: Appendix Continuous Residence, Appendix KoLL (knowledge of language and life in the UK) and Part Suitability, which deals with criminality and immigration breaches.
UK Visas and Immigration (UKVI) decides applications. EU, EEA and Swiss citizens resident before 2021, and their families, use the separate EU Settlement Scheme, where "settled status" is the equivalent of ILR. GOV.UK confirms that ILR gives the right to live, work and study in the UK for as long as you like, to apply for benefits if eligible, and to apply for British citizenship.
Indefinite leave to remain: qualifying periods by route
The qualifying period depends on the route. Time on routes that do not lead to settlement, such as Visitor, Student or Graduate, does not count, and time spent as a dependant does not count towards a main applicant's own Skilled Worker settlement.
| Route | Usual qualifying period | Key point |
|---|---|---|
| Skilled Worker and Health and Care Worker | 5 years | Must still meet the salary rules and have the sponsor confirm the job continues |
| Partner of a British or settled person | 5 years (60 months) | Ten years if granted under the exceptions without meeting the financial or English rules |
| Global Talent and Innovator Founder | 3 years in some cases | GOV.UK states it can be three years; otherwise five |
| UK Ancestry and British National (Overseas) | 5 years | Route-specific requirements apply |
| Long residence | 10 years' continuous lawful residence | Requires lawful residence throughout, without gaps; GOV.UK lists a £3,226 fee |
| Global Business Mobility routes | Do not lead to ILR | Not on GOV.UK’s list of visas whose time counts towards Skilled Worker ILR |
For Skilled Workers, GOV.UK allows time on certain routes to be combined, including Skilled Worker, Scale-up, Global Talent, Innovator Founder and most Tier 1 categories. Our guide to the Skilled Worker visa explains the route itself, and our spouse visa guide covers the partner route.
Continuous residence and absences
Under Appendix Continuous Residence, an applicant must not have been outside the UK for more than 180 days in any 12-month period during the qualifying period. For absences during permission granted before 11 January 2018, the test is applied to consecutive 12-month periods ending on the date of application. Long residence applicants have additional transitional rules for absences that began before 11 April 2024.
Absences do not count against the limit where they were caused by specified reasons, including travel disruption due to natural disaster, military conflict or pandemic; compelling and compassionate circumstances such as a life-threatening illness or the death of a close family member; and approved research trips in listed occupations. These exceptions need evidence.
What breaks continuity altogether
Continuous residence is broken, not merely interrupted, by a custodial sentence (on most routes), deportation or exclusion orders, removal, or a gap in permission that falls outside the narrow exceptions. A common example is applying for an extension after the previous permission expired. Where continuity breaks, the clock usually restarts.
Reconstruct travel history from passport stamps, boarding passes and employer records before applying, and calculate the 180-day limit for every rolling 12-month window, not by calendar year. Applicants who travel often for work are the most likely to exceed the limit without realising it.
Life in the UK test and English language
Applicants aged 18 to 64 usually need to pass the Life in the UK test. GOV.UK states that it costs £50, must be booked at least three days ahead, and consists of 24 questions in 45 minutes, with a pass mark of 75%. A pass can be reused for a later citizenship application.
Most routes also require English in speaking and listening at CEFR B1, unless an exemption applies, for example for those aged 65 or over, people with a long-term condition, or nationals of listed majority English-speaking countries. GOV.UK states that Skilled Worker applicants do not currently need to prove English again at the ILR stage.
That changes. The Statement of Changes HC 1691, laid on 5 March 2026, raises the requirement to B2 for applications made on or after 26 March 2027 across a range of routes, including those governed by Appendix KoLL, and applies the requirement at the settlement stage for the Skilled Worker and Scale-up routes. The explanatory memorandum states that the change applies to people already on a pathway to settlement.
How to apply for indefinite leave to remain
The steps below follow GOV.UK's guidance for Skilled Worker settlement; other routes are similar in structure.
- Fix the qualifying date. Count five years on qualifying permission. GOV.UK says you can apply up to 28 days before that date, and applications made earlier may be refused.
- Check absences. Test every rolling 12-month period against the 180-day limit and gather evidence for any exceptional absence.
- Pass the tests. Book the Life in the UK test and, where needed, an approved English test at the level that will apply on the date you will apply.
- Get sponsor confirmation. Skilled Workers need a letter from their sponsor confirming that they are still needed for the job and will be paid at least the required salary.
- Apply online and pay. GOV.UK lists a fee of £3,226 per person for Skilled Worker ILR. Partners and children can be included if eligible.
- Prove identity and wait. GOV.UK says decisions usually take up to six months after biometrics, with priority (£500, five working days) and super priority (£1,000) services available. Do not travel outside the Common Travel Area while waiting, or the application is treated as withdrawn.
- Receive your eVisa. Check that the eVisa shows indefinite leave and that your UKVI account details are correct.
If your current visa will expire before you qualify, extend it first. ILR cannot be applied for early to bridge a gap.
Earned settlement: what has been proposed
The Home Office's earned settlement consultation ran from 20 November 2025 to 12 February 2026. It proposed raising the baseline qualifying period for most migrants from five to ten years, with mandatory requirements including a clean criminal record, B2 English, the Life in the UK test, a sustained record of earnings and no debts in the UK.
The baseline would then be adjusted. Proposed reductions included five years for those earning above £50,270 for the three years before applying, seven years above £125,140, five years for specified public service roles and partners or children of British citizens, and seven years for Global Talent and Innovator Founder holders after three years. Proposed increases included five or ten years for receipt of public funds and up to 20 years for illegal entry, entry as a visitor or overstaying.
The government stated that it intends to apply the model to everyone in the UK who has not yet received ILR, once the Rules are changed, and that it will not remove ILR from those who already hold it. As of October 2026, the consultation page said responses were being analysed, and none of the Statements of Changes published up to and including HC 584 in September 2026 implemented the model. We check the latest Statements of Changes before every application.
Partners and children
Family members usually apply for indefinite leave to remain alongside the main applicant, but they must meet their own requirements. Partners need their own qualifying period as a dependant, their own continuous residence and, unless exempt, their own English and Life in the UK evidence. Children under 18 are generally exempt from the tests but must show they are not leading an independent life. Where a family member does not yet qualify, they can usually extend their permission in line with the main applicant and apply later.
Planning the family's applications together avoids a common problem: a partner whose permission expires while the main applicant waits for a decision on indefinite leave to remain.
An illustrative scenario
This example is illustrative only; the parties are fictional.
A software architect arrived in London on a Skilled Worker visa in May 2022. His fifth anniversary falls in May 2027, after the B2 English change takes effect. He travelled to Bangladesh for six weeks each year and spent ten weeks there in 2024 when his father was seriously ill.
His adviser maps every absence against rolling 12-month windows and confirms he stays below 180 days, even without relying on the compassionate exception. Because he will apply after 26 March 2027, he books a B2 test well in advance rather than relying on the B1 evidence from his original visa, and he passes the Life in the UK test early.
His employer confirms that his salary meets the current threshold and that his job continues. He applies within the 28-day window, on the understanding that any change to the Rules made before his application could affect the outcome.
Risks and common mistakes
Miscounting absences
The 180-day limit applies to any 12-month period, so two long trips that straddle a calendar year can breach it even if each year looks fine. Applicants also forget short business trips, which add up. If the limit is exceeded without a recognised exception, continuous residence is broken.
Build a day-by-day travel log from primary records and test it before booking further travel in the final years.
Gaps between grants of permission
An extension made even one day after the previous permission expired can create a gap that breaks continuity, unless a specific exception applies. The same risk arises for dependants, whose permission may expire on different dates.
Diarise expiry dates for every family member and apply in time, even if a decision on another application is pending.
Assuming the five-year rule is guaranteed
Ministers have said earned settlement may apply to people already in the UK. If the Rules change before you apply, the new requirements could apply to you. Nobody can say with certainty when, or in what form, the change will come.
Apply as soon as you qualify rather than delaying, and keep evidence of earnings and contribution in case reductions become available. Our analysis of the Immigration White Paper changes tracks developments.
Overlooking suitability issues
Part Suitability covers criminal convictions, immigration breaches, false representations and, where an NHS body has notified the Home Office, unpaid NHS charges of £500 or more, among other things. Old cautions, driving offences or a past overstay can lead to refusal if not addressed.
Disclose fully and explain context with documents. Where there is a significant issue, take advice before applying, as a refusal may affect later applications.
After ILR: keeping it and moving to citizenship
Indefinite leave to remain can lapse. GOV.UK states that you may lose it if you are away from the UK for more than two years at any time, after which you would need a Returning Resident visa. Those with settled status under the EU Settlement Scheme can spend up to five years away.
Most adults can apply for British citizenship once they have held ILR for 12 months and meet the residence requirements; spouses of British citizens can apply as soon as they have ILR. Our guide to British citizenship by naturalisation explains the next step. For British Bangladeshi families, Bangladesh recognises dual citizenship for UK citizens of Bangladeshi origin, which our article on dual nationality covers.
Checklist
- Confirm your qualifying date and that every period counts towards it.
- Test absences against every rolling 12-month window.
- Pass the Life in the UK test and plan for B2 English if applying from 26 March 2027.
- Gather sponsor, salary or relationship evidence for your route.
- Review any suitability issues before applying.
- Apply within the 28-day window and avoid travel until decided.
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. Our immigration solicitors and business immigration team advise individuals and employers on indefinite leave to remain and on planning around the coming reforms. We cannot guarantee any outcome, but we can make sure your application is timed and evidenced correctly. Contact us at info@trw.co or +880 1779 127165.
Frequently asked questions
01How long do I need to live in the UK to get indefinite leave to remain?
Under the rules in force in October 2026, most routes, including Skilled Worker and partner, require five years. GOV.UK says some Global Talent and Innovator Founder holders can qualify after three years, and the long residence route requires ten years' continuous lawful residence. The government has proposed a ten-year baseline under an earned settlement model, with reductions for some groups, but it had not been implemented in the Immigration Rules at that date.
02How many days can I spend outside the UK before applying for ILR?
Appendix Continuous Residence requires that you have not been outside the UK for more than 180 days in any 12-month period during the qualifying period. Absences caused by specified reasons, such as travel disruption from natural disaster or conflict, or compelling and compassionate circumstances like the life-threatening illness of a close family member, do not count. Different transitional rules apply to permission granted before 11 January 2018 and to some long residence absences.
03What English level do I need for indefinite leave to remain?
At present most routes require English at CEFR B1 in speaking and listening, unless you are exempt, and Skilled Workers do not have to prove English again at the settlement stage. From 26 March 2027, a Statement of Changes laid in March 2026 raises the requirement to B2 on a range of routes and applies it at settlement for Skilled Workers. The Home Office has said this applies to those already on a pathway to settlement.
04How much does an ILR application cost?
GOV.UK lists the fee for Skilled Worker indefinite leave to remain at £3,226 for each person applying. The Life in the UK test costs £50. Priority processing costs an extra £500 for a decision within five working days, and super priority an extra £1,000. Fees for other routes may differ, so check the current Home Office fees table on the date you apply, as fees are usually reviewed each April.
05Can I travel while my ILR application is pending?
GOV.UK warns that if you travel outside the UK, Ireland, the Channel Islands or the Isle of Man before a decision, your application will be treated as withdrawn. If you need to travel urgently, consider the priority or super priority services when you apply. Once ILR is granted, you can travel, but GOV.UK states that you may lose ILR if you spend more than two years outside the UK at any time.
06Will the earned settlement changes affect people already in the UK?
The government's consultation stated an intention to apply the new requirements to everyone in the UK who has not already received indefinite leave to remain, once the Immigration Rules are changed, and said it will not remove ILR from people who already hold it. As of October 2026 the consultation outcome had not been published and no Statement of Changes had implemented the model. Applying promptly once you qualify is usually the safest approach.
Sources and official materials
- GOV.UK: Check if you can get indefinite leave to remain — Routes to settlement
- GOV.UK: ILR for Skilled Worker and T2 visa holders — Eligibility, fees, timing and absences
- Immigration Rules: Appendix Continuous Residence — 180-day rule, exceptions and breaks
- Immigration Rules: Appendix KoLL — English and Life in the UK for settlement
- GOV.UK: Life in the UK Test — Booking, format and exemptions
- Home Office: Earned settlement consultation — Proposed ten-year baseline and adjustments
- Immigration Rules: statements of changes — Including HC 1691 (March 2026)
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.