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What is indefinite leave to remain
Indefinite Leave to Remain (ILR) grants permission to live in the UK without restrictions and is considered settled status. While ILR and settled status are often used interchangeably, “settled status” usually refers to ILR granted to EU nationals and their families under Appendix EU, offering extra benefits.
ILR is permanent but can be lost if you leave the UK for two years. For EU nationals with settled status, this period extends to five years, and for Swiss citizens, four years. ILR does not equal British citizenship and does not allow you to apply for a British passport.
People with ILR or settled status are known as settled.
Benefits of Indefinite Leave to Remain (ILR)
ILR grants the right to work and start a business in the UK, sponsor overseas workers, access state benefits, use the NHS, and study at UK universities as a domestic student.
You can apply for British citizenship 12 months after receiving ILR—unless married to a British citizen, in which case you can apply for naturalisation immediately after obtaining settled status.
Children of Persons with ILR or Settled Status
Children born in the UK to a parent with ILR or settled status automatically become British citizens at birth and only need a British passport. If a child is born before a parent gains settled status, they can be registered as a British citizen once the parent is granted ILR—applications must be made before the child turns 18.
Children born outside the UK to parents with ILR do not automatically gain British citizenship and require a visa to settle in the UK.
Children of EEA Nationals with Settled Status
A child born in the UK to an EEA national with settled status under Appendix EU is automatically a British citizen, even if neither parent is British.
Children born outside the UK to such parents are not British at birth but can apply for a family permit to join their settled parent in the UK.
Appendix EU offers greater benefits for children: they are considered children up to age 21, receive immigration status matching their settled parent, do not need a qualifying UK residence period, and only lose settled status after five years of absence.
General Requirements for Indefinite Leave to Remain (ILR)
Requirements vary by visa type, but common conditions include:
Residency Period: Usually 5 years living in the UK, though some visas allow ILR after 3 years or require 10 years of continuous residence. Some dependants (e.g., ancestry visa holders, overseas business representatives) can apply simultaneously with the main applicant without a minimum residency.
Continuous Residence: Generally, no more than 180 days absence from the UK in any 12-month period during the qualifying residency.
English Language: Must demonstrate B1 level or higher through an accredited test or a degree taught in English. Exemptions apply for children under 18, people over 65, and EEA nationals applying under the EU Settlement Scheme.
Life in the UK Test: Mandatory for most applicants outside the EU Settlement Scheme, with exemptions for children under 18 and people over 65. EEA nationals outside the scheme must take this test. The certificate is valid for life and required for British citizenship applications.
Suitability: Applicants must meet good character requirements, avoiding refusal grounds such as serious or repeated criminal convictions.
These general rules also apply to dependent partners. Specific immigration routes may have additional ILR criteria.
ILR After 5 Years of Continuous Lawful Residence
Common visa categories leading to ILR after 5 years include:
Spouse or Partner visa
Tier 1 visa
Skilled Worker or Tier 2 visa (except Tier 2 ICT)
Scale-up visa
Ancestry visa
Sole representative of an overseas business
Global Talent visa (some may qualify for accelerated settlement)
Dependent partners in these categories can apply for ILR after meeting residence, English language, and Life in the UK requirements.
However, dependents of Ancestry visa holders and sole representatives can apply for ILR simultaneously with the main applicant without meeting a residence period.
Children can apply for ILR with the second parent or may qualify for British citizenship registration if born in the UK
ILR Based on Long Residence
You can apply for Indefinite Leave to Remain if you have lived legally in the UK continuously for 10 years under the “long residence” rule.
Continuous residence means time spent in the UK without significant gaps.
This 10-year period can include different visa types (student, work, family, dependants), but time spent as a visitor does not count.
Allowed absences are up to 180 days at once or 540 days total during the 10 years.
Leaving the UK without a valid visa for more than 6 months breaks continuous residence. Short absences under 6 months count as absence.
Time spent in prison, young offender institutions, secure hospitals, Ireland, Isle of Man, or Channel Islands is excluded from the residence calculation.
ILR After 5 Years of Continuous Lawful Residence
Common visa categories leading to ILR after 5 years include:
Spouse or Partner visa
Tier 1 visa
Skilled Worker or Tier 2 visa (except Tier 2 ICT)
Scale-up visa
Ancestry visa
Sole representative of an overseas business
Global Talent visa (some may qualify for accelerated settlement)
Dependent partners in these categories can apply for ILR after meeting residence, English language, and Life in the UK requirements.
However, dependents of Ancestry visa holders and sole representatives can apply for ILR simultaneously with the main applicant without meeting a residence period.
Children can apply for ILR with the second parent or may qualify for British citizenship registration if born in the UK
Child Born in the UK with 7 Years Continuous Residence
A child born in the UK may apply for Indefinite Leave to Remain after 7 years of continuous residence. The child does not need permission to stay during this period, but the decision depends on whether it is reasonable to expect the child to leave the UK. Therefore, ILR is not automatic in these cases.
Accelerated Settlement
The Innovator and Global Talent visa routes offer accelerated settlement, allowing applicants to apply for ILR after just 3 years of residence.
This accelerated option is not available for dependants.
Time Spent in the Crown Dependencies
The Crown Dependencies—the Isle of Man, Jersey, and Guernsey—have separate immigration systems. Generally, time spent there counts toward the 5-year qualifying period for ILR in the UK if your last leave was granted in the UK, you apply under an eligible work category, and your leave in the Crown Dependency was in a similar category.
However, since April 2024, under the new Appendix Long Residence, time spent in the Crown Dependencies no longer counts toward the qualifying period for ILR based on the long residence (10-year) rule
ILR FAQs
How to Apply for Indefinite Leave to Remain (ILR)
You must apply for ILR from within the UK. The application is submitted online, and the specific form you use depends on your current immigration status.
ILR Application Processing Times
The standard processing time for an ILR application is up to 6 months. Priority and super priority services are available for an additional fee—£500 for priority (5 business days) and £1,000 for super priority (24 hours from your biometric appointment).
Who Does Not Need a Biometric Appointment?
If you hold a Skilled Worker visa when applying for ILR, you don’t need a biometric appointment. Instead, you can use the UK Immigration: ID Check app to submit your biometric information.
Will I Receive a Document Confirming My ILR?
After your ILR application is approved, you will get a Biometric Residence Permit (BRP). Although the card shows an expiry date (currently 31 December 2024), this does not mean your ILR expires. The UK is transitioning to digital immigration status, and physical BRP cards will be phased out starting in 2025.
Does Indefinite Leave to Remain Expire?
ILR itself has no time limit, but it becomes invalid if you leave the UK for more than two years.
If your Biometric Residence Permit (BRP) with ILR endorsement expires, this does not mean you’ve lost your right to reside. However, it’s recommended to apply for a new BRP about 3 months before the expiry date to avoid issues
How to Renew Your BRP if You Have ILR
To renew your BRP, you must apply online and attend a new biometric appointment. You’ll also need to provide documents proving your continuous residence in the UK and that your ILR has not lapsed due to extended absences.
What to Do if Your Personal Details Change After Receiving ILR
You must inform the Home Office if your personal details change—such as your name, gender, or if your facial appearance changes significantly. Use the BRP replacement service to update your information, and you will receive a new BRP reflecting the changes.
Can My ILR Be Revoked?
Yes, your Indefinite Leave to Remain can be revoked in certain circumstances, including:
If you obtained ILR through deception
If you were granted ILR as a refugee and no longer qualify for refugee protection
If you are liable for deportation but cannot be removed due to legal protections (e.g. under the Refugee Convention or the European Convention on Human Rights)
How Zar Immigration Lawyers Can Help with Your ILR Application
No matter your immigration route, Zar Immigration is here to provide expert legal advice and full representation throughout your Indefinite Leave to Remain application.
Refusals can have serious consequences, so careful preparation is essential. Our London-based immigration lawyers will thoroughly assess your eligibility and ensure every requirement is met. If any issues arise, we’ll advise you in advance and guide you through all available options to reduce any risk.
We’re proud to maintain a 100% success rate for ILR applications since our firm was founded in 2006.