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Indefinite Leave to Remain (Settlement)

There are many routes to settlement and applying under the correct route is important to avoid a refusal and a loss of fees.

Settlement Routes:

ILR for Partners and Family Members

The UK provides several immigration pathways for partners and family members of British citizens or individuals settled in the UK. These include the Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative, and Child routes.

Key Eligibility Requirements for Settlement

If you are applying for Indefinite Leave to Remain (ILR) as a Spouse, Civil Partner, or Unmarried Partner, you must have lived in the UK for five years (60 months) in this capacity. Additionally, you must meet the financial requirements set out in Appendix FM of the Immigration Rules.

Unless you qualify for an exemption, you will also need to meet the higher English language requirement for settlement and successfully pass the Life in the UK Test.

For those applying for Indefinite Leave to Enter or Remain as an Adult Dependent Relative or as a Child, you must show that you will be adequately maintained, accommodated, and cared for without access to public funds. In these categories, there is no requirement to meet English language standards or pass the Life in the UK Test.

Each family-based settlement route has specific additional eligibility requirements, which must be met for an application for ILR to be successful.

If you are granted settlement, also known as Indefinite Leave to Remain (ILR), you will be permitted to live in the UK without any time restrictions.

However, settled status may be lost if you are absent from the UK for more than two consecutive years. In such cases, you may need to apply for a Returning Resident visa to re-enter and resume your residence in the UK.

Obtaining ILR is a key step toward acquiring British citizenship, as applicants for Naturalisation must usually hold settled status.

You will not be required to meet the English language requirement or pass the Life in the UK Test if you are under 18 or over 65 years of age. The Home Office also has discretion to waive these requirements if a physical or mental condition makes compliance unreasonable. Additional exemptions may also apply depending on individual circumstances.

ILR under the Long Residence route

The 10-Year Long Residence route offers a pathway to Indefinite Leave to Remain (ILR) for individuals who have lived in the United Kingdom lawfully and continuously for a minimum of ten years. This route allows long-term residents to obtain settlement based on their extended lawful presence in the UK.

Time spent under most lawful UK immigration categories may count towards the ten-year qualifying period. This includes time spent under various visas such as student, work, family, and other permitted routes, provided the residence was continuous and lawful throughout.

Dependent family members, including partners and children, are not automatically granted ILR alongside the main applicant under the Long Residence route. They will need to meet the requirements and submit separate applications through the appropriate immigration route.

The 10-Year Long Residence ILR route is a valuable option for individuals who have built their lives in the UK and wish to secure permanent residence.

Requirements for Indefinite Leave to Remain (ILR) After 10 Years Long Residence

The main requirements for ILR under the 10-year long residence route are as follows:

• You must be physically present in the UK at the time of submitting your ILR application.
• You must have completed a full 10-year period of continuous and lawful residence in the UK. This means:
  • You held valid permission to stay, other than as a visitor, short-term student (English language), or seasonal worker.
  • You were exempt from immigration control.
  • You were an EEA national, or the family member of an EEA national, exercising free movement rights in the UK before 31 December 2020. This also applies up to 30 June 2021 or until a final decision was made on an in-time application under the EU Settlement Scheme.
• If your current immigration permission was granted on or after 11 April 2024, you must either:
  • Have held leave under your current visa route for at least 12 months on the date of application, or
  • Have been exempt from immigration control in the 12 months before applying.
• Your residence in the UK must have been continuous and without significant gaps.
• You must meet the English language requirement at level B1 of the Common European Framework of Reference, unless an exemption applies.
• You must have passed the Life in the UK test, unless exempt.
• You must not be in breach of immigration laws or on immigration bail at the time of application.
• Your application must not fall for refusal under the general grounds, such as criminality, deception, or failure to disclose relevant information.

The exact criteria may vary depending on your personal circumstances. For tailored advice and professional support with your ILR application under the long residence route, it is recommended to consult an experienced immigration adviser or solicitor.

Work related ILR

To qualify for Indefinite Leave to Remain (ILR) through a work-related settlement route, you must meet several key requirements set by UK Visas and Immigration (UKVI):

• You must have lived continuously and lawfully in the UK for at least 5 years under an eligible work visa category.
• You must not have been absent from the UK for more than 180 days in any 12-month period during those 5 years.
• You must demonstrate sufficient knowledge of the English language, unless you qualify for an exemption.
• You must have passed the Life in the UK Test, unless exempted.

Each work-related settlement category may have additional specific eligibility criteria, depending on the visa route under which you apply.

If you're seeking tailored immigration advice on the Immigration Rules, want a clear evaluation of your chances of securing settlement, or need expert help putting together your application for Indefinite Leave to Enter or Remain, our team of immigration lawyers are here to assist. We focus specifically on helping clients navigate the settlement process.

We take pride in offering more than just legal expertise. Our team is approachable, responsive, and committed to understanding your unique situation. With a strong focus on clarity and reliability, we provide immigration advice that’s both professional and genuinely supportive.

We can provide expert immigration advice for you to apply for Indefinite Leave to Remain. Contact our expert UK immigration lawyers today on 0330 113 1316 or complete our enquiry form. We're here to guide you every step of the way.