Legal service
Indefinite Leave To Remain Solicitors
An ILR application needs more than a completed residence period. Your route determines which years count, what evidence is required and whether employment, family, language or other conditions must still be satisfied.

Indefinite Leave to Remain
Preparing for indefinite leave to remain
Discuss your Indefinite Leave to Remain enquirySources checked on . This general information does not assess your individual circumstances.
What indefinite leave to remain provides
ILR is permission to remain without an immigration time limit. It allows you to live, work and study in the UK, subject to the applicable law. It is distinct from a temporary extension and from British citizenship.
The basis on which you apply matters. A person reaching a residence anniversary must still meet the route’s validity, suitability and eligibility requirements. Long absences after a grant can also affect settled status, so future travel plans may need separate advice.
Qualifying time and continuing route conditions
Skilled Worker settlement normally requires five years on qualifying permissions, the applicable salary conditions and confirmation from the sponsor that the worker is still needed. It is not enough simply to have held a work visa for five calendar years.
Family partner settlement depends on the route recorded in the grant. Relationship and, where applicable, financial requirements remain relevant. Long residence is a separate ten-year route, with its own exclusions and current-route requirement.
Other categories can use different periods and conditions. For example, an Innovator Founder needs the qualifying business-route period and a fresh settlement endorsement. Family members do not automatically qualify when the main applicant does.
Checking absences and immigration history
Build a chronology of permissions and travel before deciding which years are available. The applicable rules determine whether categories can be combined, which absences count and whether a gap breaks continuity or is treated under an exception.
Where Appendix Continuous Residence applies, the normal absence limit is 180 days in any twelve-month period, subject to the relevant historical provisions and permitted exceptions. It is not a universal test for every ILR route. Long residence requires separate consideration of absences before and after 11 April 2024.
English and Life in the UK: separate requirements
The English requirement depends on the settlement route and application date. Evidence may include an accepted test, an eligible English-taught qualification or another basis recognised by the relevant rules. In some work-route cases English has already been demonstrated; do not assume everyone needs a new test.
Age and a qualifying physical or mental condition can affect exemption eligibility. Being from an English-speaking country does not by itself remove the separate Life in the UK requirement. Check each requirement independently and provide any required medical evidence.
For long-residence settlement, the rules specify B1 speaking and listening for applications before 26 March 2027 and B2 from that date, unless exempt. This dated change should not be treated as a blanket rule for all settlement categories.
Life in the UK guidance exempts people under 18 or aged 65 or over and provides for qualifying long-term conditions. A previous pass can be reused. Check that identity details and the evidence supplied are consistent.
Preparing a route-specific evidence file
The application instructions and rules determine the required evidence. An organised file should connect identity, immigration history and the particular basis of eligibility. There is no single document checklist that covers every settlement case.
Explain discrepancies in dates or documents and obtain certified translations where required. Disclose relevant convictions, refusals and immigration issues rather than assuming a residence period makes them irrelevant.
- Current and relevant previous passports, immigration records and decisions.
- A travel chronology supported by available records.
- Employment and sponsor evidence, family evidence or business endorsement documents as required by the route.
- Accepted English and Life in the UK evidence, or evidence supporting an exemption.
Timing, submission and the decision
Several routes allow an application up to 28 days before the qualifying period is complete, but check the specific route and calculation first. An early application can be refused. If current permission expires before eligibility, consider the appropriate extension in time.
Submit the correct online application, provide the required identity evidence and follow any further evidence requests. Check current official charges and processing guidance. For the settlement routes linked here, travelling outside the UK, Ireland, the Channel Islands or the Isle of Man while awaiting the decision can lead to withdrawal.
When discussing an ILR application with Highfin, identify the proposed route and any uncertainty about time or absences. Ask the team to confirm the advice and application work it can undertake. The grant, not submission, establishes settled status.
Official guidance
- Check the available settlement routes
- Settlement as a Skilled Worker
- Settlement as a family-route partner
- Settlement as an Innovator Founder
- Immigration Rules: continuous residence
- English evidence for settlement
- English-language exemptions
- Life in the UK Test and exemptions
- Immigration Rules: Appendix Long Residence
- Long residence applications, fees and processing
- Official costs and timing
- Consult the chosen route’s current application charges and processing guidance. Optional faster services are not a guarantee of availability or a fixed decision date.
- Resolve evidence gaps first
- Check residence dates, supporting documents and test or exemption evidence before submitting. Tell an adviser if present permission is close to expiry.
- Agree professional fees
- Highfin’s ILR fees, VAT, disbursements and responsible solicitor remain awaiting confirmation. No fixed-fee package or outcome is promised by this page.
Frequently asked questions
Your questions
Does time as a student always count towards ILR?
No. It depends on the settlement route. Eligible Student permission may contribute to long residence, but it does not automatically count towards a work or family route’s qualifying period. Short-term Student permission is excluded from long residence.
Do all applicants need a new English test?
No. The route may recognise prior evidence, an eligible qualification or an exemption. Check the required level and application date before booking a test.
Is English-language evidence a substitute for Life in the UK?
No. They are separate requirements. An English exemption or accepted qualification does not automatically establish a Life in the UK exemption.
Can I apply before completing the qualifying period?
Some routes permit an application up to 28 days early. The relevant residence calculation and all other requirements still need checking; applying earlier can lead to refusal.
Will my dependants receive ILR with me?
Only if they qualify under the relevant provisions and make the required applications. In particular, long residence does not provide a dependant application route.
Your next step · Indefinite Leave to Remain
Let’s start with
a conversation.
Enquire about Indefinite Leave to Remain using the Contact page enquiry section.
Use the enquiry form or our telephone or email contact details.
View enquiry formReturn to Settlement