Indefinite Leave to Remain (ILR) is the United Kingdom’s form of permanent residence. It removes all time limits and most immigration conditions from your stay, giving you the right to live, work and study in the UK without needing to renew a visa. For most people who move to Britain on a work, business or family visa, ILR is the natural next step after several years of lawful residence — and the last stop before British citizenship.
The rules, however, are unforgiving. A single miscalculated absence, an expired English test certificate or an application filed a day too early can result in a refused case and a lost £3,226 fee. This guide, prepared by Imperial & Legal’s IAA-regulated immigration advisors, sets out exactly who qualifies for ILR in 2026, what it costs, how long it takes and how to avoid the mistakes that cause the most refusals.
Key takeaways
- ILR (settlement) removes time limits on your UK stay and is usually available after 5 years on a work, business or family visa, or after 10 years of any lawful residence.
- The Home Office fee is £3,226 per applicant from 8 April 2026 — non-refundable if your application is refused, and it already includes biometric enrolment.
- You must normally pass the Life in the UK test and an English test at B1 level or above, unless you qualify for an exemption.
- Most routes cap absences at 180 days in any rolling 12-month period — but Spouse, Partner and Fiancé(e) visas are a key exception, with no fixed day limit.
- Beyond the shared baseline requirements, each route carries its own extra conditions — for example, continued sponsorship for Skilled Workers or a minimum income requirement for family visas.
- Requirements are strict and unforgiving in most cases; we strongly recommend professional immigration advice before applying.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) is the UK’s permanent residence status: once granted, you are no longer subject to immigration control, with no expiry date, no work restriction and no minimum income condition to maintain. It is sometimes still called “permanent residence” or, for entrants, “Indefinite Leave to Enter” (ILE) — an immigration status rather than a citizenship. ILR holders can access most public funds, apply for a British mortgage on standard terms and eventually apply for British citizenship.
Since the end of 2024, most ILR is recorded digitally as an eVisa rather than on a physical Biometric Residence Permit (BRP) card. Existing BRPs remain valid until they expire, after which status is checked online through a UKVI account.
What is the difference between ILR and British citizenship?
| ILR (settlement) | British citizenship | |
| Right to live and work in the UK | Yes, without restriction | Yes, without restriction |
| Can vote in general elections | No | Yes |
| British passport | No | Yes |
| Risk of losing status | Lost after 2 years’ continuous absence from the UK | Cannot be lost through absence |
| Can pass status to a child born abroad | No | Yes, in most cases |
| Waiting period before you can apply | 5 or 10 years’ residence (route-dependent) | 12 months after ILR (usually) |
Who is eligible for ILR in 2026?
Eligibility depends entirely on the visa route you currently hold. There is no single, universal ILR application — the Home Office runs separate settlement forms and qualifying periods for each immigration category.
| Immigration route | Qualifying period | Notes |
| Skilled Worker visa | 5 years | Salary and sponsorship conditions must be met throughout |
| Scale-up Worker visa | 5 years | Only the first 6 months require sponsorship |
| Global Talent visa | 3–5 years | 3 years for “Exceptional Talent” endorsement in some fields |
| Innovator Founder visa | 3 years | Subject to meeting the business growth criteria |
| Spouse, Partner and Fiancé(e) visas | 5 years | Not subject to the 180-day absence cap — see below; can apply immediately on the death of a British spouse or in domestic-abuse cases |
| UK Ancestry visa | 5 years | Commonwealth citizens with a UK-born grandparent — see our dedicated Ancestry visa guide |
| Any combination of lawful long-term visas | 10 years | The “Long Residence” route — see our dedicated 10-year ILR guide |
Other, lower-volume categories — including refugees, certain armed forces personnel and historic Tier 1 Investor cases — can also lead to ILR, typically under bespoke rules. If your case does not fit neatly into the table above, book a consultation so our advisors can map the fastest lawful route available to you.
UK immigration: Which visa to choose
UK Immigration: Finding the Right Visa for Your Move and Future
What are the core requirements for ILR?
Every ILR route shares the same six baseline requirements, regardless of which visa you currently hold:
- Continuous, lawful residence in the UK for the qualifying period of your route (usually 5 or 10 years). Most routes cap absences at 180 days in any rolling 12-month period — but Spouse, Partner and Fiancé(e) visas under Appendix FM are the main exception; see below.
- A genuine, ongoing basis for your stay — for example, continued sponsorship for work visas or a subsisting relationship for family visas.
- Knowledge of English to at least CEFR level B1 in speaking and listening, unless you are a national of a majority English-speaking country or hold a UK degree taught in English.
- A pass in the Life in the UK test, unless you are under 18, 65 or over, or have a disability that prevents you from taking it.
- No outstanding suitability issues — for example, unspent convictions, deception in a previous application or a poor immigration history.
- Sufficient funds to support yourself and any dependants without recourse to public funds, where this applies to your route.
These six requirements are only the shared baseline, though — meeting them is necessary but not sufficient. Each route layers its own additional, ongoing conditions on top, and these often matter just as much as the general requirements. A Skilled Worker must remain sponsored in an eligible role at the required skill and salary level throughout the qualifying period; a Spouse or Partner visa holder must meet an ongoing minimum income financial requirement for the household; other routes carry their own business, investment or endorsement conditions. Always check the specific rules for your own route in addition to the baseline list above.
How much does ILR cost in 2026?
From 8 April 2026, the standard Home Office application fee for ILR is £3,226 per applicant, including dependants applying in their own right. This is one of the most expensive single immigration fees in the world, and it is not refunded if your application is refused, except in narrow circumstances such as invalid submissions or overpayment.
| Item | Typical cost | Notes |
| ILR application fee | £3,226 per applicant | Effective from 8 April 2026; includes standard biometric enrolment; non-refundable on refusal |
| Priority service | £500 | Decision typically within 5 working days, where available |
| Super priority service | £1,000 | Decision typically by the next working day, where available |
| Life in the UK test | £50 per attempt | Can be retaken after 7 days if unsuccessful |
| English language test (SELT) | Approx. £150 | Not required if you qualify for an exemption |
| Immigration Health Surcharge | Not applicable | ILR does not require the IHS — you become NHS-eligible on settlement |
Biometric enrolment is included in the application fee and is not charged separately. If you would prefer a faster or more convenient UKVCAS appointment — a specific date, time or location — optional paid appointment slots are available starting from around £60, on top of the core application fee.
For a family of four, Home Office fees alone can exceed £12,900 before any legal support, translation or test costs are added. Because fees rise every April, applying as soon as you become eligible — rather than delaying — can noticeably reduce your total cost.
How long does an ILR application take?
Standard ILR applications take up to 6 months, though many are decided within 8–12 weeks. Priority processing (£500) can reduce this to around 5 working days, and super priority (£1,000) to the next working day, where available for your category.
| Service | Typical processing time |
| Standard service | Up to 6 months (many cases decided within 8–12 weeks) |
| Priority service (£500) | Around 5 working days, subject to availability |
| Super priority service (£1,000) | By the end of the next working day after your appointment, subject to availability |
Not every category can use the priority services, and slots are limited, so confirm availability before relying on a fast decision for a time-sensitive move, job start date or travel plan.
How do I apply for ILR? Step-by-step
- Confirm your qualifying date. You can apply up to 28 days before you complete your qualifying period — applying earlier risks an automatic refusal.
- Book and pass the Life in the UK test, and take an approved SELT English test if you are not already exempt.
- Gather your evidence: passports, current visa or eVisa share code, proof of address and relationship (where relevant), payslips or business accounts, and evidence of every trip you took outside the UK during the qualifying period.
- Complete the correct online form for your route (for example SET(O) for work and points-based routes, SET(M) for partners, or SET(LR) for the 10-year long residence route).
- Pay the application fee and choose a processing speed.
- Attend your UKVCAS biometric appointment to have your photograph and fingerprints taken.
- Do not leave the Common Travel Area while your application is pending, or it may be treated as withdrawn.
- Receive your decision and check your eVisa/UKVI account details immediately for accuracy.
Documents you will typically need
- Valid passport(s) or other travel document for every applicant
- Current visa, BRP or eVisa share code confirming lawful residence
- Evidence of every absence from the UK during the qualifying period (boarding passes, passport stamps, travel history)
- Life in the UK test pass certificate
- English test certificate or evidence of an exemption
- Proof of income or savings appropriate to your route (payslips, bank statements, accountant’s letters)
- Evidence of your relationship, where applying as a partner or dependant (tenancy agreement, joint bills, birth certificates)
What is the 180-day continuous residence rule?
For most routes, you must not spend more than 180 days outside the UK in any rolling 12-month period during your qualifying period, or your continuous residence will be broken. This is one of the most common reasons for ILR refusal, and one of the easiest to manage with early planning — business travellers in particular should track every trip carefully, since frequent short absences can add up unexpectedly.
Exception: Spouse, Partner and Fiancé(e) visas
● Appendix FM (the 5-year partner route) does not apply the 180-day absence cap at all — this is a common misconception.
● Instead, the Home Office tests whether you and your partner genuinely intend to live together permanently in the UK, looking at your travel history, living arrangements and reasons for any time spent abroad.
● Spending a large share of your time outside the UK will not automatically break your continuous residence, but it can raise doubts about that genuine intention and lead to extra questions or a refusal.
● This exception does not apply under Appendix HM Armed Forces, where the standard 180-day rule is reinstated for partners of forces personnel.
Certain absences may be disregarded in exceptional circumstances — for example, compelling and compassionate reasons such as a family medical emergency, or travel disruption caused by war, natural disaster or a pandemic — but these exceptions are assessed strictly and should be discussed with an adviser before you apply.
Is ILR worth it? Advantages and disadvantages
ILR removes the need for further visa renewals and gives full access to the UK labour market and public services — but it carries a high, non-refundable fee and strict continuous-residence rules that can result in losing the status.
| Advantages | Disadvantages |
| No more visa renewals or sponsorship dependency | Status can be lost after 2 years’ continuous absence from the UK |
| Full access to the labour market and public services | Does not grant a British passport or voting rights |
| A required stepping stone to British citizenship | High, non-refundable application fee |
| Can support family members’ visa applications | Strict, unforgiving continuous-residence rules |
Why do ILR applications get refused?
Most ILR refusals come down to a handful of avoidable errors:
- Applying more than 28 days before completing the qualifying period
- Miscounting absences, or forgetting short business trips that push the total over 180 days
- Using an English test that has expired or is no longer on the Home Office’s approved list
- Submitting outdated financial evidence that does not cover the required period
- Failing to disclose a caution, conviction or previous immigration breach
- Applying under the wrong form for your visa category
Should I get professional advice before applying for ILR?
Yes — the requirements for ILR are strict across almost every route, and a single mistake can cost you a non-refundable £3,226 fee and set your settlement plans back by months. Between the shared baseline requirements, the route-specific conditions layered on top, and the absence rules that vary by category (including the family visa exception explained above), it is very easy to misjudge your own eligibility. We strongly recommend obtaining professional immigration advice, and having your application prepared and submitted with the help of a qualified immigration adviser, rather than relying on general guidance alone. Imperial & Legal’s IAA-regulated advisors review each case individually before submission, precisely because the cost of getting it wrong is so high.
Can I apply for British citizenship after ILR?
Yes. Most ILR holders become eligible to apply for British citizenship after holding settled status for 12 months (immediately, if married to a British citizen and other requirements are met). Naturalisation has its own residence, character and language requirements, a further Home Office fee, and a citizenship ceremony. Our dedicated British citizenship guide covers this stage in full.
What ILR rule changes are coming in 2026 and 2027?
Three changes matter most for anyone planning an ILR application:
- From 8 April 2026, most Home Office fees, including the ILR fee, rose by 6–7%.
- From 26 March 2027, higher English language standards are due to apply to ILR applications across multiple routes.
- The government’s 2025 Immigration White Paper and a subsequent consultation (closed February 2026) propose extending the standard qualifying period for settlement from 5 to 10 years under a new “earned settlement” model, based on factors such as employment, National Insurance contributions and civic participation. As of publication, no changes are in force, and the current 5- and 10-year rules continue to apply — but affected applicants should seek advice early, since transitional protection is not yet confirmed.
Successful stories of our clients
Helping EU Nationals Get a UK Passport
Brexit transition period ended on 31 December 2020, and on 01 January 2021, the UK officially left the EU. Thousands of Europeans living in the UK had been advised to apply for the EU Settlement...
Settle in the UK after your loved one dies: What needs to be taken care of
Maria’s husband, a British national, suddenly passes away, and Maria’s visa is due to expire. How to act fast and stay in the country.
Tax planning for married couple moving to England to settle (Indefinite Leave to Remain)
Tobias and Hannah moved to the UK from Austria. The couple received a pre-settled status, which is granted to EU citizens, permitting them to relocate...
Tax Returns for Client Who Applies for Indefinite Leave to Remain
Anna relocated to the United Kingdom from New Zealand. She had been happy there with her husband Frederik. He had had a successful automobile business....
