Indefinite Leave to Remain (ILR) in the UK
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Individuals who hold Indefinite Leave to Remain (ILR) or settled status under the EU Settlement Scheme can live and work in the UK without immigration restrictions and have access to most public services and benefits, similar to British citizens, except for voting rights and holding certain public offices.
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However, ILR is granted on the basis that the UK remains the holder’s main home. In general, ILR may lapse if the holder is absent from the UK for more than 2 consecutive years.
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Subject to meeting the requirements under the British Nationality Act, individuals may usually apply for British citizenship after holding ILR for 12 months (different rules may apply in certain cases, such as spouses of British citizens).
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Common Routes to Indefinite Leave to Remain (ILR)
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10 Year Long Residence Route
Applicants who have lawfully lived in the UK for a continuous period of 10 years (for example through study, work, or other visas) may be eligible to apply for ILR.
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Points Based System (PBS) Routes
Applicants under routes such as Skilled Worker, Global Talent, or Scale up may qualify for ILR after 5 years of residence.
Certain categories, such as Global Talent, may offer accelerated settlement (as early as 3 years, depending on endorsement type).
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Representative of an Overseas Business Route
Applicants under the Representative of an Overseas Business route may qualify for ILR after 5 years in the UK.
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Global Talent and Innovator Routes
Applicants under the Global Talent or Innovator routes may be eligible for ILR after 3 years, subject to meeting the relevant criteria.
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Family Route (Partner / Spouse Visa)
Applicants under the partner or spouse route (where the partner is a British citizen or settled person) may apply for ILR after 5 years.
In certain historical cases (applications submitted before 9 July 2012), a 2 year route may apply.
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10 Year Private Life Route
Applicants granted leave under the private life route (commonly granted in 30 month periods) may become eligible for ILR after 10 years of continuous lawful residence.
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EU Settlement Scheme (EUSS)
EEA and Swiss nationals (and their family members) who were resident in the UK before 31 December 2020 may have been granted pre settled status.
After 5 years of continuous residence, they may apply for settled status (equivalent to ILR).
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Refugee or Humanitarian Protection Route
Individuals granted refugee status or humanitarian protection may apply for ILR after 5 years.
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Children Applying for ILR
Children under 18 may be eligible to apply for ILR where both parents are settled in the UK, subject to meeting the relevant requirements.
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Accelerated Settlement Routes
Certain routes (such as Global Talent or previous Tier 1 categories) may allow applicants to qualify for ILR earlier, depending on their circumstances.Additional Requirements for 10 Year Long Residence (ILR)
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From 11 April 2024, the Immigration Rules have been updated. The previous provisions under Part 7 (paragraphs 276A–276D) have been replaced by Appendix Long Residence.
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The following requirements apply to long residence applications submitted on or after 11 April 2024.
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Calculation of Qualifying Residence
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When calculating continuous 10 year lawful residence:
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Periods of overstaying will generally not count towards the qualifying period
The “exceptional assurance” period between 1 September 2020 and 28 February 2023 does not count towards continuous residence
COVID 19 related extensions between 24 January 2020 and 31 August 2020 may be counted
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In addition:
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Time spent in the Republic of Ireland, Isle of Man, or Channel Islands will generally not count towards the qualifying period
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12 Month Requirement under Current Immigration Route
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Applicants must demonstrate that:
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They have held permission under their current immigration route for at least 12 months before the date of application
Or they were exempt from immigration control within the 12 months prior to the application
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This requirement will generally not apply if the permission was granted before 11 April 2024.
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EEA Residence Evidence Requirement
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Where reliance is placed on residence under the EEA Regulations:
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Applicants must provide sufficient evidence of exercising treaty rights during the relevant period
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For example:
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Employment, self employment, study, or self sufficiency
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Time Spent as a British Citizen
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Where an applicant previously held British citizenship but later renounced it:
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Time spent in the UK during that period can still be counted towards the 10 year qualifying period
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Time Spent Not Subject to Immigration Control
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Where an applicant was not subject to immigration control (for example diplomats or members of the armed forces):
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This time can be counted towards the qualifying residence period
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Absence Limits
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Absence requirements differ depending on the relevant period:
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Before 11 April 2024:
No single absence exceeding 184 days
Total absences must not exceed 548 days
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After 11 April 2024:
The 548 day total limit no longer applies
However, absences must not exceed 180 days in any rolling 12 month period
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Absence calculation is one of the most common risk areas in long residence applications.
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Our Services
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We provide comprehensive support for long residence (10 year ILR) applications, including:
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Assessing eligibility and identifying risks
Reviewing residence and absence records
Analysing immigration history
Preparing and submitting applications
Advising on complex scenarios
Providing strategic advice following refusal
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We aim to deliver clear, practical, and results focused legal support throughout your application.
