Exploring the Different Visa Routes to Indefinite Leave to Remain

ILR is a permanent residency status in the UK that allows you to live, work, and study there indefinitely. Once you have ILR, you no longer need to worry about renewing your visa or meeting ongoing immigration requirements. You can access NHS and state benefits and apply for British citizenship, which opens doors to additional benefits and opportunities.

However, please note that ILR can lapse if you have significant periods of absence from the UK.

You may be eligible to submit an indefinite leave to remain application if any of the following apply:
• You have family in the UK;
• You work in the UK;
• You are a Commonwealth citizen;
• You are an EU national;
• You have lived in the UK for 10 years.

To apply for Indefinite Leave to Remain, you must have been living in the UK continuously for a certain time, which is referred to as the "qualifying period". This period generally lasts for 5 years and applies to most visas. However, the qualifying period may vary depending on the visa category you belong to. Here are some of the common visa routes to ILR and their corresponding qualifying periods

• Long Residence visa 10 years
• Spouse, civil partner, or unmarried partner of a British Citizen or person settled in the UK visa 5 years
• Skilled Worker visa 5 years
• Health and Care Worker visa 5 years
• EU nationals and dependents under EU Settlement Scheme 5 years
• British National (Overseas) visa 5 years
• UK Ancestry visa 5 years
• Minister of Religion 5 years
• International Sportsperson 5 years
• Scale-up Worker visa 5 years
• Representative of an Overseas Business visa 5 years
• Global Talent visa 3 or 5 years
• Innovator Founder visa 3 years
• Tier 1 Entrepreneur (route closed to new applicants but you can apply to settle in the UK as a Tier 1 Entrepreneur until 5 April 2025) 3 or 5 years
• Tier 1 Investor (route closed to new applicants but you can apply to settle as a Tier 1 Investor until 17 February 2028) 2, 3 or 5 years

To be eligible for Indefinite Leave to Remain (ILR) in the UK, you must fulfill certain requirements.

Simply completing a continuous period of lawful residence in the UK does not guarantee you ILR. You need to submit an online application to UK Visas and Immigration (UKVI) along with evidence that proves you meet the following criteria:
• Continuous lawful residence in the UK for the required qualifying period
• A maximum of 180 days of absence from the UK in any 12-month period during the qualifying period
• Passed a Life in the UK Test
• Sufficient knowledge of the English language.

180-day rule

You must spend no more than 180 days outside the UK in any 12 months if you wish to apply for indefinite leave to remain in the UK.
If you have been in the UK for a continuous period of 10 years, you may be eligible for the 10-year Long Residence route. Under this route, you must not have total absences of more than 548 days, and any single absences started before 11 April 2024 must not be longer than 184 days.
From 11 April 2024, you must not have been outside the UK for more than 180 days in any 12-month period and the 548 total absences limit is removed.
It is essential to keep track of your travel dates and maintain accurate records to ensure compliance with this requirement. It is worth noting that the family routes do not have a 180-day rule at the indefinite leave to remain application stage, but absences will be considered when applying for British citizenship.
If you have excessive absences due to "serious or compelling reasons", the Home Office may exercise discretion and allow the application. Examples of serious or compelling reasons include.
• serious illness
• the applicant or a close relative has a serious illness.
• conflict, or
• natural disasters such as volcanic eruptions or tsunamis.

Knowledge of English language and life in the UK

In addition to the language requirement, you must pass a Life in the UK test as part of the indefinite leave to remain application. This test is completed online and comprises a 45-minute multiple-choice test focused on the history, culture, and values of the UK. You must score 75% (18 out of 24). The Home Office has published various resources that can be purchased to aid your revision. The test costs £50.

Application process

The earliest you can submit an indefinite leave to remain application is 28 days before you are eligible, and the application costs £2,885. You will be required to submit your biometrics (fingerprints and a photo) at your nearest visa centre. You will normally receive a decision within 6 months if you apply using the standard service. There may be an option to select a priority service and receive a decision within 5 working days (£500) or by the end of the next working day with super priority (£1000).

Let Our Experts Guide You

The laws concerning both are extremely complex so using a firm such as UK Visas to manage your case is worthwhile. We have in-house specialist consultants authorised by the OISC to provide advice on ILR and British citizenship.