Criteria for ILR Eligibility: A Complete Breakdown of the Rules

Indefinite Leave to Remain (ILR) is a pivotal milestone for individuals aiming to settle permanently in the UK. With recent policy changes in 2025, understanding ILR eligibility has become more crucial than ever. This blog by Axis Solicitors offers a detailed breakdown of the current ILR requirements, ensuring applicants are well-informed and prepared.

Understanding ILR: What It Means and Why It Matters

ILR grants individuals the right to live, work, and study in the UK without time restrictions. It also paves the way for British citizenship, subject to meeting additional criteria. Achieving ILR signifies a commitment to the UK and provides stability for individuals and their families. 

General ILR Eligibility Criteria

To qualify for Indefinite Leave to Remain in the UK, applicants must meet a set of core requirements. While specifics can vary depending on the visa route, the following are the general conditions that underpin ILR eligibility in most cases:

1. Lawful Residence in the UK

Applicants must have lived in the UK continuously and lawfully for a specified period. The required duration depends on the visa category but generally falls within the following ranges:

• 5 years: Most work visas (Skilled Worker, Global Talent), Spouse/Partner Visas, and Ancestry Visas.

• 10 years: Long residence route, based on continuous lawful stay regardless of visa type.

Unlawful stay, overstaying a visa, or significant gaps in lawful residence can impact eligibility negatively.

2. Continuous Residence Requirements

One of the cornerstones of ILR eligibility is maintaining continuous residence. This typically means:

• No more than 180 days’ absence from the UK in any rolling 12-month period during the qualifying period.

• Absences must be for valid reasons (e.g. work, illness, family emergencies). Evidence may be required.

• Excessive absences or frequent travel could reset the qualifying clock or lead to refusal.

3. Knowledge of Language and Life in the UK

Unless exempt, ILR applicants must pass two key components:

• Life in the UK Test: A multiple-choice test assessing knowledge of British history, culture, and values.

• English Language Requirement: Must meet B1 CEFR level in speaking and listening. This can be demonstrated through an approved English test or a recognised academic qualification taught in English.

4. Good Character Requirement

This refers to:

• No serious or recent criminal convictions.

• No involvement in immigration deception or breaches.

• A clean record on tax compliance, benefit claims, and public order.

5. Valid Leave at the Time of Application

You must have valid leave to remain in the UK at the point of application. You cannot apply for ILR from an expired status or during a grace period unless specific exceptions apply.

ILR Eligibility by Visa Route

ILR rules vary significantly depending on the type of visa you hold. While the core principles of lawful residence and good character remain consistent, the length of stay, permissible absences, and route-specific requirements differ.

Below is a detailed breakdown of ILR eligibility for the most common visa categories:

Skilled Worker Visa ILR Requirements

The Skilled Worker route is one of the most common paths to ILR. Here’s what applicants must meet:

• 5 years of continuous residence under a Skilled Worker visa or in combination with eligible visas such as Tier 2 (General).

• Employment with a Home Office-licensed sponsor throughout the qualifying period.

• A salary that meets or exceeds the ILR salary threshold

• Continued employment with the sponsor at the time of application.

• No more than 180 days’ absence in any 12-month period.

If switching employers, the applicant must have obtained a new Certificate of Sponsorship and updated their visa accordingly.

Spouse or Partner Visa ILR Route

Applicants on a Spouse, Civil Partner, or Unmarried Partner visa can apply for ILR after:

• 5 years of residence in the UK under the family route (2.5-year extensions × 2).

• Demonstrating a genuine and subsisting relationship with a British citizen or someone with settled status.

• Meeting the financial requirement (currently £29,000 annual income or equivalent savings).

• Satisfying the English language and Life in the UK Test requirements.

The 10-year partner route is also available for those unable to meet certain requirements but takes longer to qualify for ILR.

ILR via Long Residence (10-Year Rule)

For individuals who have lawfully resided in the UK for 10 continuous years, ILR may be granted irrespective of visa types. Requirements include:

• Lawful leave for the entire 10-year period.

• Absences of no more than 540 days total, with no single absence exceeding 180 days.

• Demonstration of good character and integration into UK life.

This route offers flexibility for those who’ve switched visas or faced disruptions in specific visa categories.

Global Talent Visa Route

The Global Talent visa offers a fast-track route for exceptionally talented or promising individuals in fields such as science, tech, humanities, and the arts.

• ILR eligibility can be achieved in 3 or 5 years, depending on the applicant’s endorsement level.

• No salary threshold applies.

• Evidence of continuous work or contributions in your endorsed field is required.

This route is highly beneficial for professionals whose contributions are internationally recognised.

UK Ancestry Visa ILR Requirements

Common among Commonwealth citizens, the UK Ancestry route allows ILR after:

• 5 years of continuous residence.

• Demonstration of intention to work and support oneself without public funds.

• Providing evidence of ancestry through a grandparent born in the UK, Channel Islands, or Isle of Man.

Applicants must show employment (or efforts to gain employment) during their stay.

Innovator Founder Visa

This route is for entrepreneurs establishing an innovative business in the UK.

• ILR is possible after 3 years, subject to achieving specific business milestones outlined at endorsement.

• Endorsements must be maintained throughout.

• Financial requirements and business development evidence must be strong and clear.

Continuous Residence and Absences: Staying Eligible for ILR

One of the most common reasons for ILR refusal is failure to meet the continuous residence requirements. Whether you’re applying via a work, family, or long residence route, time spent outside the UK can significantly affect your ILR eligibility.

Here’s what you need to know to stay on track:

What Counts as Continuous Residence?

Continuous residence refers to the period during which you have lived in the UK without significant interruption. To maintain this:

• You must not have been absent from the UK for more than 180 days in any 12-month period during your qualifying period.

• This rule applies on a rolling basis, not calendar years. Every new application date resets the 12-month window to count backwards.

Which Absences Are Permitted?

Certain types of absences are generally accepted, provided they’re supported by documentation:

• Work-related travel (for UK-based employment or sponsored purposes).

• Serious illness of the applicant or close family members.

• Bereavement.

• Exceptional circumstances, such as natural disasters or pandemic-related restrictions.

Note: Purely voluntary travel like long holidays, gap years, or remote working abroad for convenience may count against you unless fully explained.

How to Document Absences

To avoid complications during your ILR application:

• Keep records of all travel, including dates of departure and return.

• Retain boarding passes, visa stamps, flight confirmations, and employer letters if absences were for business.

• Submit a written explanation if you had to exceed 180 days for unavoidable reasons.

Resetting the Clock: When Residence Is Broken

You may break your continuous residence if:

• You’re absent from the UK for more than 180 days in any rolling 12-month period.

• You leave the UK with no valid visa and re-enter under a different route.

• You switch to a visa that doesn’t lead to settlement, effectively resetting the qualifying period.

If the clock resets, you may need to begin the qualifying period again under your current visa route.

Continuous Residence for 10-Year Long Residence ILR

For long residence ILR applicants:

• You can’t have more than 540 days total absence across the entire 10-year period.

• No single trip outside the UK should exceed 180 days.

This route offers some flexibility across years but demands strict compliance with total absence limits.

English Language Requirement and Life in the UK Test: What You Need to Know

Two mandatory elements of ILR eligibility for most applicants are proving your knowledge of English and demonstrating an understanding of life in the UK test for ilr. These tests are not just formalities—they reflect the UK government’s expectation that permanent residents are integrated and prepared to participate fully in British society.

Let’s break down what each component involves:

Life in the UK Test

This is a 24-question multiple-choice exam that assesses your understanding of British history, traditions, government, law, and daily life. Key points include:

• Booking: The test must be booked online via the official UK government website. It costs £50.

• Location: You must take the test at an approved UK test centre.

• Topics Covered:
  • British history and monarchy

  • Political systems and voting

  • UK geography and culture

  • Law, rights, and responsibilities

• Format:
  • 24 questions

  • 45 minutes to complete

  • Pass mark: 75% (i.e. 18 out of 24)

• Preparation: Use the official “Life in the UK” handbook, available in print and digital formats. Numerous reputable practice apps and online tests can help too.

You will receive a pass notification letter which must be included in your ILR application.

English Language Requirement

Unless you’re from a majority English-speaking country or hold a degree taught in English, you must demonstrate English proficiency. This includes:

• Minimum Level: CEFR B1 in speaking and listening.

• Accepted Tests: IELTS Life Skills or other Home Office-approved Secure English Language Tests (SELT).

• Test Providers: Trinity College London, IELTS for UKVI, etc.

• Validity: The test result must be less than 2 years old unless it was previously used in a successful UK visa application.

Exemptions from English or Life in the UK Tests

You do not need to meet these requirements if:

• You’re aged 65 or over.

• You have a long-term physical or mental condition preventing you from learning English or sitting the test (requires medical evidence).

• You’ve already passed the test or met the requirement in a previous successful application (e.g. for a Spouse visa extension).

Tip from Axis Solicitors

Failing to include the correct documentation or choosing the wrong test provider can cause delays or rejections. Always ensure your test certificates are:

• Taken from a Home Office-approved centre.

• Clearly labelled with the appropriate CEFR level and reference number.

The ILR Application Process: Step-by-Step Guidance

Once you’ve met all the ILR eligibility criteria, the next step is the application itself. This is not a process to rush. Even minor errors or omissions can result in rejection, leading to legal complications or loss of lawful status.

Here’s a full breakdown of how to apply for Indefinite Leave to Remain in the UK:

1. When to Apply

You can apply no earlier than 28 days before completing your qualifying period of residence in the UK.

• Applying too early will result in refusal.

• Applying after your visa expires can jeopardise your legal stay and may reset your qualifying clock.

Plan your submission carefully, factoring in any upcoming travel, job changes, or visa expiry dates.

2. Choose the Correct Form

The application is submitted online through the UK Government’s portal. You’ll use either:

• SET(O): For work-related and other visa categories (Skilled Worker, Global Talent, Ancestry, etc.)

• SET(M): For family routes (Spouse, Civil Partner, etc.)

• SET(LR): For 10-year long residence applicants

Make sure you choose the form that corresponds exactly to your route—errors here lead to refusals.

3. Prepare Required Documents

Every applicant must provide evidence proving they meet all ILR eligibility criteria. Key documents may include:

• Current Biometric Residence Permit (BRP)

• Passport and travel history

• Proof of continuous residence (tenancy agreements, council tax bills, letters from employers)

• Life in the UK Test certificate

• English language test result or degree certificate

• Payslips, bank statements, and employer letters (for work visa holders)

• Marriage certificate and cohabitation documents (for partner routes)

• Letter from your sponsor (if applicable)

Originals are not always required, but scanned copies must be high-quality and clearly legible.

4. Pay the Fees

As of 2025, the ILR application fee is:

• £2,885 per applicant (subject to change)

• Dependent children applying at the same time must each pay the full fee.

Note: ILR applicants do not pay the Immigration Health Surcharge (IHS).

5. Biometrics Appointment

After submission, you’ll be invited to book a biometrics appointment via UKVCAS. Here’s what to expect:

• Upload your supporting documents online in advance.

• Attend your chosen centre for fingerprints and a photograph.

• Bring your confirmation email and ID documents.

Premium appointments are available at extra cost but not mandatory.

6. Application Processing Time

The standard processing time is:

• Up to 6 months (standard route)

• 5 working days (priority service – additional £500)

• 1 working day (super priority service – additional £1,000)

Delays may occur if additional documents or interviews are required.

7. After You Apply

Once approved:

• You’ll receive a decision letter and new Biometric Residence Permit (BRP).

• Your new status is “Indefinite Leave to Remain” and removes immigration time limits.

You can then apply for British Citizenship 12 months later, provided you meet the relevant criteria.

Common Reasons for ILR Refusals

Even strong candidates can be refused for avoidable reasons. These include:

• Submitting the wrong form

• Applying too early or too late

• Incomplete or incorrect documents

• Exceeding absence limits

• Failing to disclose criminal convictions

Legal advice or assistance from a regulated immigration firm like Axis Solicitors can help mitigate risks and strengthen your application.

Frequently Asked Questions (FAQs)

1. Can I still meet ILR eligibility if I was outside the UK for more than 180 days?

No, exceeding 180 days outside the UK in any 12-month rolling period typically breaks your continuous residence and affects ILR eligibility. There are limited exceptions, such as serious illness or compelling reasons, but you must provide robust evidence to support your case.

2. What are the benefits of ILR in the UK?

Indefinite Leave to Remain (ILR) lets you live and work in the UK without time limits. You gain access to public funds and healthcare, and it’s a key step toward British citizenship. It also gives more security and freedom to travel in and out of the UK.

3. Do dependants have different ILR eligibility requirements?

Dependants—such as spouses or children—must also meet ILR eligibility conditions, including completing their own qualifying period (usually five years), maintaining continuous residence, and satisfying language and Life in the UK Test requirements, where applicable.

4. Is the financial requirement part of ILR eligibility for partner visas?

Yes, for those on partner visas, meeting the financial requirement is essential to ILR eligibility. The threshold is currently £29,000 annually, although this can vary in special cases (such as when benefits are received). Applicants must also prove a genuine and subsisting relationship.

5. Can ILR eligibility be lost after it is granted?

Yes. ILR eligibility does not guarantee permanent status forever. If you leave the UK for more than two continuous years (or potentially one year, depending on future rule changes), your ILR may lapse. You would then need to apply as a returning resident, which is not guaranteed.

6. What if my ILR application is refused—can I still meet ILR eligibility later?

A refusal does not permanently bar you from ILR eligibility. You can address the reasons for refusal, gather stronger evidence, and reapply. Some applicants also have the right to administrative review or judicial challenge, depending on the circumstances.

7. Can I switch visa routes and still maintain ILR eligibility?

Yes, but it depends on the routes involved. Some visa switches allow you to preserve your ILR eligibility timeline, especially between Skilled Worker and Tier 2 routes. However, switching to a non-settlement visa may reset your ILR eligibility period entirely.

8. When should I apply to ensure I meet ILR eligibility requirements?

You should apply no earlier than 28 days before you complete your qualifying period. Applying too early means you won’t meet the ILR eligibility timeline, and applying late risks falling out of lawful status.

9. Does travel during the application process affect ILR eligibility?

Yes. Travelling outside the UK while your ILR application is pending can result in automatic withdrawal of your application. This affects your ILR eligibility and can delay your settlement timeline significantly. Always remain in the UK until a decision is received.

10. Is professional legal support necessary for ILR eligibility applications?

While not legally required, having an immigration solicitor review your application can dramatically increase your chances of meeting ILR eligibility successfully. At Axis Solicitors, we ensure every requirement is met, documents are in order, and no detail is overlooked.

Choose Axis Solicitors for Your ILR Application

Indefinite Leave to Remain (ILR) is not just another visa—it’s your gateway to permanent stability in the UK. With rising complexity in immigration rules, increased scrutiny of applications, and stricter enforcement of residence and character requirements, every step in the ILR process must be handled with precision.

At Axis Solicitors, we specialise in high-success, fully compliant ILR applications. Whether you’re applying under a Skilled Worker route, Spouse visa, or Long Residence rule, our immigration experts will ensure your application meets every requirement—first time. Contact us today.