- ILR requires 5 continuous years of lawful residence in most routes (10 years for some long-residence cases).
- Up to 180 days total absence per 12-month period is permitted; a single gap of 180+ days in one year will usually break continuity.
- The application is made online via the UK Visas and Immigration portal; the fee is 2,885 pounds in 2026.
- You must pass the Life in the UK test and meet an English language requirement before applying.
- Biometric enrolment and a same-day Super Priority service are available for an additional fee.
Last reviewed: 13 May 2026
Indefinite Leave to Remain (ILR) is the immigration status that allows a person to live and work in the United Kingdom without any time restriction on their stay. It is sometimes called settlement. Once granted, ILR does not expire as long as the holder does not leave the UK for a continuous period of two years or more.
What Is Indefinite Leave to Remain
ILR is distinct from British citizenship, which requires a further 12 months of ILR (or three years if applying on the basis of marriage to a British citizen) before eligibility arises. Holding ILR confers the right to access public funds, work without restriction, and live indefinitely in the UK, but it does not provide a British passport or full consular protection abroad.
Who Can Apply After Five Years
The five-year qualifying period applies across the most commonly used work and family routes, including the Skilled Worker route (formerly Tier 2 General), Global Talent, Innovator Founder, Scale-up Worker (after five years on a combination of routes), spouse or civil partner of a British citizen or settled person (after five years on a spouse visa), UK Ancestry visa holders, and Domestic Workers in a Private Household (limited route). A separate 10-year long-residence route exists for those who have lived in the UK continuously for a decade regardless of visa category, including periods on short-term visas.
The Five-Year Continuous Residence Requirement
Continuous residence does not mean the applicant must be physically present every single day. Home Office rules allow for absences, but within defined limits. For most routes, the rule is no more than 180 days absent from the UK in any rolling 12-month period during the qualifying five years. The 180-day count is assessed across each 12-month window within the five-year period, not just the total over five years.
A single trip abroad of 181 days would therefore break continuous residence even if total absences over five years are otherwise modest. Applicants should calculate absences carefully using their passport stamp history or Home Office travel records (obtainable via a Subject Access Request).
Worked example: consider an applicant whose qualifying period runs from 1 June 2020 to 31 May 2025. In the 12-month window from 1 July 2021 to 30 June 2022, they were abroad for 95 days between August and November 2021, then again for 92 days between February and May 2022, a combined total of 187 days in that window. That single 12-month window exceeds 180 days and breaks continuous residence, even though the applicant was only absent for roughly 37 days per year on average across the full five-year period. This is a common trap.
Switching Routes Mid-Qualifying Period
The general rule is that only time spent on a qualifying route counts toward ILR. However, there are nuances: time on a Student visa does not count toward a Skilled Worker ILR application (the five-year clock restarts on the date the Skilled Worker visa was granted); switching from one qualifying route to another may or may not allow the prior time to count, depending on the specific rules of the destination route; a gap between visas must be examined carefully. Section 3C leave (automatic extension while an in-time application is pending) does count as lawful residence for ILR purposes. An unexplained gap between visas does not.
Permitted Exceptions to the 180-Day Rule
The Home Office may exercise discretion for absences that exceeded 180 days in a single 12-month period in certain circumstances, including serious illness (supported by medical evidence), compulsory work travel required by the employer and documented as unavoidable, and exceptional circumstances such as bereavement or natural disaster preventing return. Discretion is not automatic. Documentary evidence must be submitted with the application, and there is no guarantee of a favourable outcome.
English Language and Life in the UK Test
Before applying for ILR on most five-year routes, applicants must pass the Life in the UK test (a 24-question multiple-choice test on British history, culture and governance, with a pass mark of 18 correct answers, 75 percent) and demonstrate English language ability (usually by holding a degree taught in English, passing an approved Secure English Language Test at B1 level or above, or being a national of a majority English-speaking country). Exemptions apply for applicants aged 65 and over, and for those with certain long-term physical or mental health conditions.
Documents Required
Current passport and all previous passports held during the qualifying period (required to evidence travel history). Biometric Residence Permit (BRP) if applicable, scan both sides. Life in the UK test pass notification letter (original letter or certificate reference). English language evidence (SELT certificate, degree certificate, or exemption evidence). Evidence of qualifying employment or relationship (payslips, P60s, employment letters or marriage certificate depending on route). Absences summary (Home Office travel history printout or self-prepared schedule with supporting evidence). Applicants submitting documents in a language other than English must provide certified translations.
How to Apply in 2026
All ILR applications are submitted online via the UKVI portal at gov.uk/apply-to-come-to-the-uk. Paper applications are no longer accepted for most settlement routes. Steps: create or log in to a UKVI account at gov.uk; select the correct settlement route; complete the online form (typically 60 to 90 minutes); pay the application fee (2,885 pounds for ILR in 2026); upload supporting documents via the portal; book a biometric appointment at a UKVCAS service point if required; attend the appointment and have fingerprints and photograph taken.
Standard processing in 2026 is up to six months for settlement applications. A Super Priority service (decision by the next working day after biometrics) is available for an additional 1,000 pounds. A Priority service (five-working-day decision) is available for 500 pounds. Applicants should not travel outside the UK while an ILR application is outstanding.
Common Mistakes and Red Flags
Applying too early: applications may be submitted up to 28 days before the qualifying date. Applying more than 28 days early is rejected without a fee refund. Incomplete absence records: the Home Office cross-references the travel history declared by the applicant against border crossing records; discrepancies are flagged. Request a full travel history via a Subject Access Request before applying. Wrong English language evidence: submitting a SELT certificate at the wrong CEFR level, or one from a provider no longer approved by the Home Office, is a common reason for refusal. Not checking sponsor licence status: for Skilled Worker applicants, the sponsoring employer must hold a valid sponsor licence at the date of the ILR application.
Frequently Asked Questions
Does a gap year of study abroad break ILR continuous residence?
Time spent studying outside the UK counts as an absence. If the period abroad exceeds 180 days within a single 12-month window, it will normally break continuous residence. Some routes including the Global Talent route have slightly more generous absence provisions.
Can I apply for ILR before the five years is up?
Applications can normally be submitted up to 28 days before the five-year qualifying date is reached. Applying too early is a common error that leads to rejection without a fee refund.
Does Section 3C leave count toward the five years?
Yes. Section 3C leave, the automatic extension of leave while an in-time application is pending, counts as lawful residence for ILR purposes. However, any period where leave lapsed entirely (even briefly) before Section 3C attached does not count.
Does my partner's ILR also cover my children?
Children must apply separately for settlement as dependants. They are not automatically included in a parent's ILR grant unless they were named as dependants in the same application.
What happens if my employer's sponsor licence was revoked during my qualifying period?
If the employer's licence was revoked and the applicant was curtailed or asked to find a new sponsor, the period of employment under the revoked licence may not count toward ILR. The applicant should obtain written confirmation from the employer of the exact dates any licence issue occurred and take specialist advice before applying.
How We Verified This Article
This article draws on the Immigration Rules (Appendix Settlement: LTR and ILR), Home Office guidance on long residence and settlement, and published UKVI processing time statistics current as of May 2026.
