What is Indefinite Leave to Remain and Why is it Beneficial?
Indefinite Leave to Remain (ILR), also known as “settlement”, is an immigration status that allows you to settle in the UK permanently. With ILR, there is no time limit on your stay and you gain the right to live, work and study in the UK without restriction. ILR holders can also access public funds (benefits) if eligible, and importantly, ILR is a gateway to British citizenship – you can typically apply to naturalise as a British citizen after holding ILR for 12 months (sooner if married to a British citizen). In short, ILR provides security and stability: you won’t need to keep renewing visas, and you have permanent resident rights in the UK. These benefits make obtaining ILR a major goal for many migrants.
Main Routes to ILR in the UK
There are different routes to qualify for Indefinite Leave to Remain, depending on your visa and personal circumstances. The main ILR routes include:
- Skilled Worker visa route (formerly Tier 2 General): The most common work visa route. You usually become eligible for ILR after 5 years of continuous lawful residence in the UK on a Skilled Worker or related work visa (Tier 2 General holders are included under Skilled Worker). Note: Other work visas like Health and Care Worker, International Sportsperson, and Minister of Religion also typically lead to ILR after 5 years in the UK.
- Spouse/Partner visa route (Family route): If you are in the UK as the spouse or partner of a British citizen or person with ILR, you can usually apply for ILR after 5 years on a partner visa (this is often referred to as the 5-year family route under Appendix FM). There is also a longer 10-year family route in certain cases (for example, if you do not meet all the standard requirements, you might extend your stay on a 10-year path to ILR).
- Long Residence (10-Year route): This route is based on lawful long-term residence in the UK. If you have lived continuously and lawfully in the UK for 10 years on any combination of visas, you may qualify for ILR under the Long Residence rules. (From 11 April 2024, the Home Office tightened the absence rules for long residence ILR – applicants must not have spent more than 180 days outside the UK in any rolling 12-month period, aligning it with other ILR routes.)
- Innovator Founder and Global Talent visas: These are specialist visas for entrepreneurs and talented individuals. Uniquely, they offer a fast-track to ILR – usually after 3 years of continuous residence in the UK (assuming all other requirements are met). For example, an Innovator Founder or someone with an endorsed Global Talent visa can be eligible for settlement in 3 years, which is quicker than the standard 5-year period.
- Other routes: There are other less common paths to ILR. For instance, the UK Ancestry visa leads to ILR after 5 years, and the Hong Kong British National (Overseas) route also allows ILR after 5 years of residence. Additionally, those with Refugee or Humanitarian Protection status can apply for ILR, usually after 5 years, and certain discretionary or exceptional visas (such as the Right of Abode or stateless person leave) have their own ILR provisions. (Note: EU/EEA citizens with Settled Status under the EU Settlement Scheme already hold a status equivalent to ILR.) In all cases, the exact requirements and qualifying period can vary, so it’s crucial to follow the specific rules for your category.
ILR for Skilled Worker Visa Holders (Work Route)
The Skilled Worker route is a major pathway to ILR for those in the UK on work visas. If you have a Skilled Worker visa (or its predecessors Tier 2 General / T2), you can apply for ILR once you meet all of the following requirements:
- Five Years Continuous Residence: You must have lived and worked in the UK for at least 5 years on a qualifying work visa. Importantly, this residence must be “continuous,” meaning you did not break your stay with long absences or visa gaps. The Home Office defines continuous residence strictly: no more than 180 days outside the UK in any 12-month period during those 5 years. If you spent over 180 days abroad in any rolling year, you will normally break continuous residence and reset the ILR qualifying period. (There are limited exceptions for permitted absences – for example, time abroad due to certain exceptional circumstances such as assisting with a humanitarian crisis, travel disruptions from natural disasters, or compelling personal reasons might not count toward the 180-day limit.) Always carefully calculate your absences; the Home Office provides guidance on how to calculate “continuous residence” for ILR.
- Salary and Employment Requirements: You need to meet the salary threshold for ILR under the Skilled Worker category. In practice, this means you must be earning at least the minimum salary specified for your role (either the general baseline or the “going rate” for your occupation, whichever is higher). As of recent rule updates, the general minimum salary for Skilled Workers has been around £38,700 (and may be higher for certain roles). In addition, you must still be required by your UK employer/sponsor in your job when you apply for ILR. The Home Office will want evidence that you have a genuine ongoing job at the appropriate skill level and salary. Your employer will need to provide a letter (sometimes called an employer sponsorship letter or certificate of employment) confirming that you are still needed in your position and stating your current salary, which must meet the required threshold. This letter is a key document for your ILR application. You may also provide recent payslips or tax documents to further prove your earnings, if requested.
- Knowledge of Language and Life in the UK: Like all ILR applicants, Skilled Workers aged 18–64 must fulfil the KOLL requirement – Knowledge of Language and Life in the UK. In practice, this means you need to pass the Life in the UK Test (a computerised quiz on British history, culture, and laws) and demonstrate English language ability at B1 level or higher. The good news for Skilled Worker visa holders is that you typically will not need to take a new English test for ILR – you already proved your English (usually at B1 or higher) when obtaining your work visa, so that suffices for the ILR stage. You will, however, need to provide the Life in the UK Test pass certificate number as part of your application. (If you haven’t done the Life in the UK Test yet, plan to study and pass it before applying – it’s mandatory for ILR.)
- Documents and Evidence: When applying, you must submit a number of supporting documents to prove you meet all the above requirements. You will need your passport (and any old passports covering the 5-year period, to show travel history), your biometric residence permit (BRP) if you have one, and documents for the specific requirements. For example, you’ll need to provide evidence that you passed the Life in the UK Test, proof that you satisfy the salary requirement, and a letter from your employer confirming your ongoing employment. Make sure to prepare documentation for any absences as well – usually, you declare your travel dates on the form, and having evidence or a personal travel log can be useful if clarifications are needed. It’s wise to start gathering these documents in advance so you’re not rushed as your 5-year point approaches.
Recent Updates: The Skilled Worker rules are updated periodically. As of April 2025, for example, the Home Office raised the general minimum salary threshold for skilled workers, and clarified that the 5-year qualifying period for settlement must be as a main applicant (time spent as a dependent won’t count for your own ILR). Always check the latest guidance or consult an adviser if you’ve switched visa types – you must ensure all 5 years were in eligible work categories. If you’re a Skilled Worker, this typically includes time on the current route or former Tier 2, and can include certain other work visas, but time as a PBS dependant would not count towards ILR as the main Skilled Worker. Keep up to date with rule changes that might affect salary requirements or continuous residence calculations.
ILR for Spouses and Partners of British Citizens (Family Route)
Another common ILR pathway is for those in the UK as the spouse or partner of a British citizen or settled person. This falls under the family immigration rules (often called Appendix FM in the Immigration Rules). If you are on a family visa as a partner, you can apply for ILR once you meet the following key criteria:
- Qualifying Period – 5 Years Residence on a Partner Visa: In the standard case, you must have lived in the UK for at least 5 continuous years with permission as the partner (spouse, civil partner, or unmarried partner) of a British or settled person. This is known as the “5-year route” to settlement. All the time must have been spent on the correct visa category – you generally cannot count time on other visas towards this 5-year requirement. (Time as a fiancé(e) before you married, for example, does not count; the 5-year clock starts once you obtained the spouse/partner leave after the wedding or civil partnership, or when you switched into the partner visa category.) If you do not meet all the requirements for the 5-year route (for instance, unable to meet the financial requirement or English requirement at an earlier stage), you might be on a 10-year partner route instead, meaning you have two further 2.5-year extensions before ILR. In the 10-year family route, ILR requires 10 years of family life in the UK. (Tip: Check your Home Office decision letter from your last extension – it will say whether you are on the 5-year or 10-year route.)
- Genuine Relationship and Cohabitation: You must prove that your relationship is genuine and subsisting. The Home Office will expect evidence that you and your partner have lived together throughout your visa period and intend to continue doing so after you get ILR. As part of the ILR application, you’ll typically need to provide documents showing cohabitation — for example, joint tenancy agreements, utility bills, or official letters addressed to both of you (or each of you individually at the same address) spread over the past couple of years. The requirement is that you have lived together since your last visa renewal and are still in a genuine marriage or partnership. If you are married or in a civil partnership, your marriage certificate would be submitted (usually it was already provided in earlier applications, but include it if asked). Unmarried partners need to show they’ve been in a marriage-like relationship for at least 2 years when they first applied, and by ILR stage, cohabitation evidence is crucial. The application form will ask for proof of address covering the entire period since the last grant of leave. Make sure to keep letters or bills as proof of living together, or be prepared to explain any periods you did not live together (e.g. temporary separations for work – prolonged separations could jeopardize the ILR).
- Financial Requirement (Maintenance): The partner route has a minimum income requirement that the British/settled partner and applicant must meet. For most applicants, you and your partner must demonstrate a combined gross annual income of at least £18,600 to qualify for ILR. This is the same figure used when applying for initial spouse visas and extensions in recent years. You’ll need to prove this income with documentation (e.g. payslips, employment letters, bank statements), just as you did in prior applications. However, note a significant change: if you first applied for your partner visa on or after 11 April 2024, the Home Office has raised the financial requirement to £29,000 per year as the minimum income. (In other words, newer family visa applicants face a higher threshold) If your initial spouse/partner visa was granted before that date, the old £18,600 threshold continues to apply for your ILR. The income requirement can also be higher if you have dependent children who are not British/settled – you must show additional income of £3,800 for the first child and £2,400 for each additional child on top of the base requirement (unless the children have since obtained citizenship or settled status) – but capped at £29,000 if you applied after April 2024. There are exemptions: if your British partner receives certain disability or carer’s benefits, you don’t need £18,600/£29,000 – instead you must meet the adequate maintenance test (showing your income and savings are enough to support your family without additional public funds). The rules here can be complex, so ensure you check which financial category you fall under. In summary, meeting the financial requirement is crucial – most couples must submit evidence of earnings (e.g. 6 months of payslips and corresponding bank statements, plus an employer letter) to prove they meet or exceed the required income level.
- Life in the UK Test and English Language: Like all ILR applicants, partners need to satisfy the Knowledge of Language and Life in the UK requirement. This means passing the Life in the UK Test (if you haven’t already) and proving your English language ability at B1 level (intermediate) or above. The English requirement for ILR in the family route is higher than it was for the initial visa – for example, initial spouse visas only required A1 or A2 level, but ILR requires B1. Unless you have a degree taught in English or are a national of an English-speaking country, you will likely need to provide a B1 English test certificate (from an approved test provider) when applying for ILR. Many applicants take a Secure English Language Test (SELT) at B1 during their second extension if it wasn’t already done. Ensure your English test certificate is still valid (some have expiration dates). As for the Life in the UK Test, it’s mandatory for ILR – prepare in advance and pass this computer-based test on British knowledge. You’ll include the test reference number in your application and may include the certificate itself. Both Life in UK and English must be met unless you are exempt (exemptions are rare, e.g. for certain long-term residents over 65 or those with a disability that prevents test-taking). The Home Office will not grant ILR without proof of these, so don’t overlook this step.
- Documents and Evidence for Partner ILR: When applying for ILR as a partner, be ready to submit a comprehensive portfolio of documents to prove all the above. The online application form will list required documents, which typically include: evidence of your identity (passports for you and your partner, biometric residence permit), proof of relationship and cohabitation (marriage/civil partnership certificate, plus documents showing you’ve lived together – for example, six items of correspondence in joint names or addressed to each of you at the same address, spread over the last 2.5 years), financial documents (payslips, bank statements, employment letters, or self-employment accounts, etc., demonstrating your income meets the threshold), and proof of Life in UK Test pass and English proficiency. The Home Office explicitly asks for evidence that you and your partner have lived together since your last visa and that your relationship is genuine. They will also require the financial paperwork to verify the income requirement. It’s a good idea to start assembling at least two pieces of correspondence for each year of the period (from sources like utility bills, NHS letters, bank letters, council tax bills, etc.) as evidence of cohabitation. If you have children applying as dependants for ILR, you’ll need their documents as well (birth certificates, and proof they’ve been living with you, school letters, etc.). Children under 18 can usually be included in a parent’s ILR application if both parents are settled or applying at the same time. Children over 18 face additional criteria (they must have last had leave as your dependent child, not be living an independent life, and they also need to meet English and Life in UK requirements in their own right). The application form will guide you on what to upload, but make sure nothing is missing – missing documents are a common cause of delays.
Recent Changes to the Partner ILR Route: The family route has seen some notable updates in recent Home Office guidance. A major change (as mentioned above) is the increase of the financial requirement to £29,000 for new partner visa applications made on or after 11 April 2024. This means by the time those applicants reach ILR (in 5 years), they’ll need to meet that higher income threshold – a significant jump from the long-standing £18,600 figure. Couples who were already in the system before that date continue with the old requirement, so this has created a dual system depending on your initial application date. Another update in guidance has been an emphasis on evidence of cohabitation – caseworkers are instructed to ensure applicants have lived together during their leave, so it’s more important than ever to keep records of joint life. Finally, with the phasing out of biometric residence cards (BRPs) in 2025, ILR holders are now given digital proof of status; the guidance was updated to remove references to issuing BRP cards.
How Farani Taylor Solicitors Can Help You Secure ILR
Applying for settlement is too important to leave to chance. At Farani Taylor Solicitors we handle ILR and British nationality matters every day, so you benefit from the experience of an established, Lexcel-accredited immigration team:
| What we do | How it helps you |
| Initial eligibility check | We confirm you meet the 5-year/3-year/10-year residence rules, absence limits and document list. |
| Strategic advice on timing & absences | We calculate your qualifying period to the exact day and flag any risky absences early so you can delay or supplement evidence if needed. |
| Document health-check & evidence pack | Your dedicated solicitor compiles a Home Office-ready bundle—employer letters, financial proof, cohabitation evidence, Life in the UK & English certificates—minimising the chance of a document-related refusal. |
| Drafting & submitting the online ILR form | We complete every section accurately, declare absences correctly and upload evidence in the order decision-makers prefer—saving you hours and reducing stress. |
| Representing you to the Home Office | As your authorised representative, we respond to any further information requests within deadlines and chase decision progress. |
| Premium & Super Priority upgrades | Where available, we arrange 24-hour or 5-day decision services and book your biometric appointments. |
| Appeals & administrative review | In the unlikely event of a refusal, our dedicated litigation team lodges appeals or reviews promptly, preserving your lawful status. |
| Citizenship planning | We map the next 12 months so you’re ready for naturalisation as soon as you qualify. |
Why choose Farani Taylor?
- Specialist immigration practice – Ranked in Legal 500; thousands of successful ILR grants.
- Transparent fees – Fixed-fee quotes with no hidden extras.
- Multi-lingual team – Urdu, Hindi, Punjabi, Bengali, Arabic, French and more.
- Nationwide & international service – Video consultations and secure digital upload portal mean we can assist wherever you are.
Ready to get started?
This article is authored by Adeeb Chowdhry, Director & Head of Business Immigration. Call 07553232379 or email Adeeb@faranitaylor.com to book your free ILR eligibility assessment today.