What is the difference between the 5-year and 10-year ILR routes?

The primary difference lies in the qualifying residence period and the type of visa(s) you’ve held during your time in the UK:

• The 5-year route is for individuals who have held specific visas that lead directly to settlement (e.g. Skilled Worker, Spouse, Global Talent). It requires you to meet strict eligibility and financial criteria, including limits on time spent outside the UK.

• The 10-year route is more flexible and allows you to combine time spent on different visa types, as long as the residence has been lawful and continuous. It does not require you to meet financial thresholds but takes longer to qualify and can be useful for those with complex immigration histories.

For many foreign nationals living in the UK, securing Indefinite Leave to Remain (ILR) is a major milestone. ILR provides settled status, allowing you to live, work, and study in the UK without immigration restrictions and is often a crucial step towards British citizenship.

There are two main pathways to ILR: the 5-year route, which applies to those who have spent five continuous years in the UK on specific visas that lead directly to settlement, and the 10-year route, which is designed for those who have lived lawfully in the UK for a decade, often under multiple or less conventional visa types. Understanding the key differences between these two routes is essential to planning your settlement strategy effectively and avoiding delays or setbacks.

What Are the 5-Year and 10-Year Routes to Settlement?

The 5-year and 10-year routes refer to the minimum continuous lawful residence periods required before you can apply for ILR in the UK.

• 5-Year Route: Requires 5 years of continuous lawful residence on specific qualifying visas.

• 10-Year Route: Requires 10 years of continuous lawful residence, with more flexibility on visa types.

The 5-Year Route to Settlement

Who Qualifies for 5 Years Route to Settlement?

This route is designed for individuals who have spent five continuous years in the UK on certain visa categories that lead directly to settlement. Typical eligible visas include:

• Skilled Worker visa (formerly Tier 2 General)

• Spouse or Civil Partner visa

• Ancestry visa

• Global Talent visa

• Innovator Founder visa

• Representative of an Overseas Business

• Minister of Religion visa

• Sportsperson visa

Requirements for 5 Year Route to Settlement

• Continuous Residence: You must have lived lawfully in the UK for 5 years without significant breaks.

• Absence Limits: No more than 180 days outside the UK in any 12-month period.

• Financial Requirements: For some categories like the Spouse visa, a minimum income threshold applies (e.g., £29,000 as of April 2024).

• Life in the UK Test: Mandatory to prove knowledge of British culture and society.

• English Language: CEFR B1 level or equivalent.

• Clean Immigration Record: No serious immigration breaches or recent criminal issues.

• Application Timing: Can apply up to 28 days before reaching 5 years.

Documents You’ll Need

• Passport(s) covering the 5-year period

• Biometric Residence Permit (BRP)

• Life in the UK Test certificate

• English language proof (test result or degree)

• Financial documents (e.g., payslips, bank statements)

• Proof of cohabitation (for family visas)

• Travel history/absence evidence

The 10-Year Route to Settlement

Who Qualifies for 10 Year Route to Settlement?

This route is ideal for individuals who have lawfully lived in the UK for a continuous period of 10 years, even under different visa types.

Requirements for 10 Year Route to Settlement

• Continuous Lawful Residence: No gaps or unlawful stays during the 10-year period.

• Absence Limits: No more than 540 days outside the UK in total; no single absence should exceed 180 days after April 11, 2024.

• Life in the UK Test: Required unless exempt.

• English Language: Same as the 5-year route (CEFR B1).

• Financial Requirements: No fixed threshold, but self-sufficiency must be shown.

What Counts as Lawful Residence?

Time spent under any of the following visa types may be included:

• Student visas

• Skilled Worker or Tier 2 visas

• Family visas

• Visitor visas (with no overstaying)

• Limited Leave under private life (Article 8)

• Asylum or humanitarian protection

• Other forms of leave granted by the Home Office

Switching between categories is allowed, as long as there are no gaps.

What is Continuous Residence?

To qualify for 10-year ILR, you must not have:

• Been outside the UK for more than 540 days in total during the 10 years
• Left the UK for more than 180 days at any one time
• Overstayed your visa by more than 28 days before 24 November 2016, or at all after that date (unless under exceptional circumstances)
• Spent time in the UK on unlawful or overstayed status

If you fall short on these points, you may not qualify — but Axis Solicitors can help assess the situation and explore legal remedies, such as discretionary leave or extensions that preserve long residence.

Summary Table: Key Differences Between the 5-Year and 10-Year Routes

Why Understanding 5-year and 10-year ILR Routes Matters

Selecting the correct route and meeting its criteria is essential. Switching visa categories or failing to meet requirements like income or absence limits could reset your qualifying period and delay your ILR application.

Whether you qualify under the 5-year or 10-year route, being prepared ensures you avoid complications and increases your chances of a successful outcome.

Spousal Settlement Routes

Spouse visa holders can use the 5-Year Route provided they fulfil the entire visa eligibility requirement throughout the qualifying period. The 10-year route is also available, notably for those who, at the time, failed to meet the financial requirements imposed by the 5-year path.

Can you Switch from the 10-Year route to 5-Year Route

Yes, you can switch from the 10-year route to the 5-year route to ILR as a spouse visa holder, but doing so may reset the time you’ve already spent in the UK. This is because only the time spent meeting all the visa rules (like financial and relationship requirements) counts towards the 5-year settlement route.

For example, if you’ve lived in the UK for 5 years on a spouse visa but didn’t meet the financial requirement until recently, you can switch to the 5-year route now — but you’ll still need to start a new 5-year qualifying period from the date you meet all the requirements.

In some situations, it might be better to stay on the 10-year route, especially if you have less than 5 years left to qualify and your previous time in the UK (on visas like a visitor or student visa) can count towards settlement.

Requirements for switching from 10-year route to 5-year route

If you hold Indefinite Leave to Remain (ILR) through a visa like a work or business visa and are on the 10-year route to settlement, you can switch to the 5-year route without officially notifying the Home Office. You just need to apply for ILR after 5 years and meet all the requirements for the 5-year settlement path.

For those on a Spouse Visa, switching from the 10-year route to the 5-year route is possible if you now meet all the standard eligibility rules for the 5-year Spouse Visa route. To do this, you must:

• Have a minimum income of £29,000 per year

• Be in a genuine and ongoing relationship with your partner

• Meet the English language requirement

• Pass the Life in the UK Test

• Have maintained lawful residence in the UK

If you meet all these conditions, the Home Office may approve your switch to the 5-year route to settlement (ILR).

How Axis Solicitors Supports Your ILR Application

We don’t just submit forms — we manage the entire process:

• Reviewing your full immigration history
• Identifying risks and advising on gaps or absences
• Helping you gather and format compliant evidence
• Submitting your application and documents
• Booking biometrics and managing timelines
• Representing you if issues arise or additional documents are requested

Clients come to us because we handle both straightforward and complex ILR cases with diligence, speed, and experience.

Why work with Axis Solicitors:

• We review every document and detail before submission
• We’ve handled thousands of successful ILR cases
• If issues arise, we can act immediately — unlike generic document-checking services
• We provide fixed-fee legal advice with no hidden charges

Frequently Asked Questions (FAQs)

When preparing to apply for Indefinite Leave to Remain (ILR), many people have similar questions — especially when choosing between the 5-year and 10-year settlement options. Below are answers to the most common queries we receive at Axis Solicitors.

Can I combine different visas to qualify for the 5-year and 10-year ILR routes in the UK?

Yes. The 10-year long residence ILR allows you to combine any type of lawful stay — including student visas, skilled worker visas, family visas, or discretionary leave. What matters is that you’ve lived in the UK lawfully and continuously for 10 full years.

Does time spent as a visitor count towards 10-year ILR?

Generally, no. Visitor visas are considered temporary, and time spent as a visitor usually doesn’t count unless you had another valid visa before or after that visit without gaps. A brief visitor stay won’t break the 10-year residence if there’s no overstay, but it may not count towards the qualifying period either.

What is the difference between SET(M), SET(O), and SET(LR)?

• SET(M) – For those applying for ILR as the spouse or partner of a British citizen or settled person (5-year family route)
• SET(O) – For those on work-related or other visa routes (e.g., Skilled Worker, Innovator, Global Talent)
• SET(LR) – For applicants under the 10-year long residence route

Can I apply for 5-year and 10-year ILR routes in the UK if I have a pending visa extension?

No. You must have valid leave to remain at the time of applying for ILR. If your visa is expiring soon, apply to extend it first, then apply for ILR once you meet the requirements.

Do I lose ILR if I leave the UK for a long time?

Yes. If you leave the UK for more than 2 consecutive years, your ILR status can be lost. To avoid this, return within that time or apply for a Returning Resident visa.

Do I need to meet financial requirements for 5-year and 10-year ILR routes in the UK?

Only some routes have a financial threshold:

• The 5-year partner route requires proof of income (currently £29,000+ per year for the main applicant)
• 10-year long residence does not have a financial requirement

What happens if my ILR is refused?

You may be given a right to:

• Administrative Review (for caseworker errors)
• Appeal (if human rights are engaged)
• Reapply (if something was missing or incorrect)

Can I apply for British citizenship after ILR?

Yes — after holding ILR for 12 months, most applicants become eligible to apply for naturalisation. If you’re married to a British citizen, you may apply for citizenship immediately after receiving ILR (without waiting a year).

Can my dependants apply with me?

Under most 5-year routes, dependants (spouse, children) can apply for ILR at the same time, provided they’ve completed 5 years of leave.

Under the 10-year route, each person needs to qualify individually. Dependant children may be eligible sooner under the 7-year child route — we assess this in detail for all family-based applications.

How long does it take to process ILR applications?

• Standard applications: up to 6 months
• Priority service: 5 working days

Super Priority service: 24 hours (additional cost)

For guidance on ILR through either route, please contact Axis Solicitors to receive a free initial assessment to evaluate your immigration options. 

We proudly accept remote clients and offer a free initial assessment through WhatsApp, Zoom, Teams or email. Clients in the UK can call us on our toll-free number or visit one of our offices in Manchester, Birmingham or London. Contact us for more information.