How to Apply for Indefinite Leave to Remain After 5 Years Residence in the UK

Key takeaways

• On most work, business and family routes you can apply for indefinite leave to remain after 5 continuous years in the UK.
• You can apply up to 28 days before you complete the 5 years; an application made earlier may be refused.
• On most routes, including work routes, UK Ancestry and BN(O), you must not spend over 180 days outside the UK in any 12 months.
• Applicants aged 18 to 64 usually need English at level B1 and a Life in the UK pass; from 26 March 2027 most routes require level B2.
• The Home Office fee is £3,226 per person, and on many routes you can pay £500 or £1,000 for a faster decision.
• Time on different visas counts together only where your settlement route allows it, for example certain work routes for Skilled Workers.

Indefinite Leave to Remain (ILR), also called settlement, is the UK’s form of permanent residence. It lets you live, work and study in the UK without a time limit on your stay, travel in and out of the country freely and, after a further period, apply for British citizenship. On most work, business and family visas, you can apply for ILR after 5 years of lawful residence in the UK.

The rules differ from route to route, and a single missed requirement can lead to refusal, so it is worth checking your position before you apply. Sterling Law’s immigration solicitors check whether you qualify, calculate the earliest date you can apply and prepare the application for you and your family.

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What Is The 5 Year Route to Settlement?

The 5 year route to settlement is the path to ILR for people who hold a visa that leads to settlement and complete 5 years of continuous residence in the UK on it. Most work, business and family routes work this way; a few allow settlement sooner, and the long residence route takes 10 years.

Refugees and people with humanitarian protection whose claims were made from 2 March 2026 are granted protection for 30 months at a time (5 years for unaccompanied children). The Government has said they will wait much longer for settlement unless they move to another route, so they should take advice on ILR for refugees early.

Some visas do not lead to settlement at all, however long you hold them. These include the Student, Graduate, High Potential Individual, Visitor, Youth Mobility Scheme, Seasonal Worker and Global Business Mobility visas, including the UK Expansion Worker visa, and the Ukraine schemes. Time on these visas does not count towards a 5-year route. Some of it may count towards the 10 year long residence route, which has its own rules.

Requirements For 5 Years Route ILR

To get ILR after 5 years, you must show that you have completed the qualifying period on your route and that you still meet the route’s rules on the date you apply. You apply from inside the UK, and your most recent permission must usually be on the route you are settling on. The main requirements are:

• Qualifying period: 5 years with permission on a route that leads to settlement, or on routes that the rules allow you to combine.
• Continuous residence: your absences from the UK must be within the permitted limits (see below).
• Route requirements: you must still meet the conditions of your visa. A Skilled Worker’s sponsor must still hold a licence and confirm that it needs you for the foreseeable future, and your salary must usually be at least £41,700 and the going rate for the job; lower thresholds apply in some cases, for example £31,300 for Skilled Workers who were granted their visa before 4 April 2024, have stayed on the route and apply before 4 April 2030. A partner must still be in a genuine relationship and meet the financial requirement.
• English language: level B1 in speaking and listening, shown by an approved Secure English Language Test (SELT) taken in the last 2 years, a degree taught in English or nationality of a majority English-speaking country. Skilled Workers applying before 26 March 2027 do not need to prove their English again, because they did so for their visa. Applications made on or after 26 March 2027 will need level B2 on most routes, including Skilled Worker.
• Knowledge of life in the UK: a pass in the Life in the UK test, which costs £50.
• Suitability: the Home Office must refuse ILR if you have a prison sentence, including a suspended sentence, of 12 months or more, or if you used deception. It may refuse for shorter sentences, breaches of immigration law such as overstaying, NHS debts of £500 or more and unpaid litigation costs.

Applicants aged under 18 or 65 and over do not need to meet the English and Life in the UK requirements, and exemptions also exist for people with a physical or mental condition that prevents them from meeting them. On the 5-year partner route, if you do not yet meet the English or Life in the UK requirement, you can be granted a further 30 months instead of being refused.

Can you still get ILR after 5 years?

Yes. As of October 2026, the Immigration Rules still allow settlement after 5 years on the routes above. Rule changes usually include transitional provisions, so an application made before a change is normally decided under the earlier rules, but this depends on each change.

The Government plans to change this. Its consultation “A Fairer Pathway to Settlement”, which closed on 12 February 2026, proposes an “earned settlement” model with a standard qualifying period of 10 years. The period could be shorter for high earners and some public service workers, and longer for people who have claimed public funds or breached immigration rules. Under the proposals, partners of British citizens and BN(O) visa holders would keep a 5-year route.

The Government has not yet published its response or laid new rules, and ministers have said this will happen later in 2026. It has also not decided whether people already on a 5-year route will be protected.

One change is already in the rules: from 26 March 2027, most settlement applicants, including Skilled Workers applying for ILR, will need English at level B2 in speaking and listening. BN(O) applicants will still need level B1. If you will complete your 5 years in the coming months, plan your application date carefully and apply as soon as you are eligible.

What is Continuous Residence?

Continuous residence means that you have lived in the UK throughout your qualifying period without long breaks. On most routes, including work and business routes, UK Ancestry, BN(O) and dependants, you must not have spent more than 180 days outside the UK in any 12-month period during the 5 years. The 5-year partner and parent routes are different (see below).

Only whole days count as absences. If you leave the UK on a Friday and return on the following Monday, this counts as 2 days of absence, because the days of departure and return are not counted.

Absences over 180 days are allowed only for the reasons listed in the Immigration Rules, mainly:

• a life-threatening illness of you or a close family member, or the death of a close family member;
• travel disruption caused by a natural disaster, military conflict or a pandemic;
• helping with a humanitarian or environmental crisis overseas, with your sponsor’s agreement if you are sponsored;
• research abroad approved by your sponsor or endorsing body, for some Skilled Worker and Global Talent researchers.

You must explain and prove the reason. Continuous residence is broken by a prison sentence (not a suspended one), by a deportation order or removal directions, by time in the UK without permission and by leaving the UK after a refusal once your permission has expired. If you applied late, within 14 days of your permission expiring, and the Home Office accepted that the delay was for a good reason beyond your control, the gap does not break your residence, but it does not count towards the 5 years.

The 5-year partner route under Appendix FM has no 180-day limit. Instead, absences must have good reasons and be consistent with living together permanently in the UK, so long periods abroad can still cause a refusal. Read more about the continuous residence requirement.

When can you apply for ILR after 5 years?

You can apply up to 28 days before you complete your 5 years. If you apply earlier, the application may be refused, so check the date carefully.

The Home Office counts the 5 years back from the date of your application, any date up to 28 days after it, or the date of the decision, whichever helps you most. If you came to the UK with a visa issued abroad, the period can start on the date your entry clearance was granted, but the days between the grant and your arrival count as absences. If you were granted permission inside the UK, for example after switching from a Student visa, the period starts on the date of that grant.

To work out your earliest date:

1. find the start date of your first permission on the route, or on a route you can combine with it;
2. add 5 years and subtract 28 days;
3. check every 12-month period for absences over 180 days, if the limit applies to your route;
4. make sure your current visa is still valid on the date you apply.

Example. A Skilled Worker’s entry clearance was granted on 1 March 2022, and the worker arrived in the UK on 15 March 2022. The earliest date to apply for ILR is 1 February 2027, and the days between the grant and the arrival count as absences. Because the application is made before 26 March 2027, English at level B2 is not required.

If your visa expires before you reach 5 years, you will usually need to extend it first and apply for ILR later.

Can I combine different immigration categories to get ILR after 5 years?

Sometimes. Whether you can count time on different visas depends on the route you are settling on.

For Skilled Worker settlement, the 5 years can be any combination of time as a main applicant on these routes:

• Skilled Worker, including Health and Care Worker, and the former Tier 2 (General);
• Global Talent and Innovator Founder;
• T2 Minister of Religion and International Sportsperson;
• Representative of an Overseas Business;
• Tier 1, except Tier 1 (Graduate Entrepreneur);
• Scale-up.

Time as a dependant does not count towards your own settlement on a work route, even if you lived in the UK the whole time. The Global Talent, Minister of Religion, International Sportsperson and Scale-up routes allow similar combinations.

A spouse or partner on the 5-year family route can count only time with permission as a partner on that route, with the same partner. Time on a work visa, a fiancé visa or the 10-year family route does not count towards those 5 years, even if you lived with your partner during that period. A Representative of an Overseas Business must have spent the last 5 years on that route. BN(O) visa holders can count time on other routes that lead to settlement, as long as their latest permission is on the BN(O) route.

If you cannot combine your time on a 5-year route, the 10-year long residence route or the 10-year family route may allow it. Combining categories is one of the most common reasons for an ILR application being made too early, so check your full immigration history before you apply.

Can your partner and children get ILR at the same time?

Usually, yes. Partners and children on a dependant visa can apply together with you when you apply for ILR, or after you have settled. Each family member pays the £3,226 fee.

A dependent partner needs their own 5 years in the UK with permission as your dependant and must meet the absence, English and Life in the UK requirements. If your partner has not yet completed 5 years, they can extend their visa as your dependant and apply later. Children under 18 do not need their own qualifying period and usually settle with their parents.

What documents do you need for ILR on the 5 year route?

The documents depend on your route, but every application needs proof of your identity, your immigration history and living in the UK for 5 years, and evidence of the English and Life in the UK requirements. Most applicants prepare:

• a valid passport and access to their eVisa through a UK Visas and Immigration (UKVI) account;
• a full list of trips outside the UK during the 5 years, with dates and reasons;
• an English language test certificate or degree evidence, unless exempt or already accepted;
• the Life in the UK test pass reference number;
• for Skilled Workers, a letter from the sponsor confirming the job, the salary and that the job continues, with recent payslips;
• for partners, evidence of living together since your last visa was granted, such as documents addressed to both of you at the same address, and evidence of the financial requirement;
• for children, birth certificates and evidence of who they live with;
• explanations and evidence for any long absences, gaps in permission or criminal convictions.

Spouses and partners of British citizens can find a detailed checklist on our page about ILR as a spouse or partner.

How to apply for Indefinite Leave to Remain 5 Year Route?

Applying for ILR after 5 years is done online on GOV.UK, using the form for your route, and you then confirm your identity. Work and business routes, UK Ancestry and their dependants use form SET(O), and partners and children of British citizens or settled people use form SET(M); paper forms are no longer accepted. The main steps are:

1. Check eligibility and your date. Confirm your qualifying period, absences and the earliest date you can apply.
2. Pass the tests. Take the Life in the UK test and an approved English test, unless you are exempt or have already met the requirement.
3. Collect documents. Gather the evidence for your route, including the sponsor letter or relationship evidence.
4. Apply online. Complete the application form and pay the fee. Your partner and children can apply at the same time.
5. Confirm your identity. Book a free appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to give your fingerprints and photo, or use the ID check app if you are told you can.
6. Wait for the decision. Do not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, or your application will be withdrawn.
7. Receive your eVisa. If ILR is granted, your status is recorded as an eVisa in your UKVI account. Biometric residence permits are no longer issued.

A standard decision usually takes up to 6 months from your UKVCAS appointment. On many routes you can pay for a faster decision through the priority or super priority service; with super priority, the decision usually comes by the end of the next working day after your appointment. Skilled Worker applicants, for example, are offered both services, and UK Ancestry applicants super priority only. The options for your route are shown when you apply.

Each family member pays the full application fee, unless you have refugee status or humanitarian protection. For example, a couple with one child applying together pays £9,678 in Home Office fees, before any faster-decision service.

What Can I Do If My ILR 5 Year Route Application Is Refused?

Read the refusal letter carefully: it sets out the reasons and whether you can ask for an administrative review or appeal. Your options usually are:

• Administrative review: on work and business routes, UK Ancestry and BN(O), if you believe the Home Office made a mistake. You must apply within 14 days of the decision, the fee is £80, and a review can take many months.
• Appeal: where the refusal is of a human rights claim, for example an application as a partner of a British citizen. An appeal from inside the UK must be lodged within 14 days.
• A new application: where you can fix the problem, for example by adding missing evidence or waiting until you complete the qualifying period.

The most common reasons for refusal are:

• Applying too early: the 5 years, less 28 days, were not complete, or time on a visa that cannot be combined was counted.
• Excessive absences: more than 180 days outside the UK in a 12-month period without an accepted reason.
• Missing or inconsistent documents: for example, a sponsor letter without the required details or gaps in the evidence of living together.
• English or Life in the UK test: a test from a provider that is not approved, or the wrong level.
• Route requirements no longer met: for example, a salary below the required level or a relationship that has ended.
• Suitability: criminal convictions, previous overstaying or unpaid NHS debts.

If you still have time on your visa, a refusal of ILR does not usually cancel it, but you should take advice quickly about the next step.

How Can We Help?

Sterling Law’s immigration solicitors advise individuals and families on settlement after 5 years on work, business and family routes, including applications with long absences, gaps in permission or past refusals.

Our work can include:

• checking which settlement route applies and whether different visas can be combined;
• calculating your qualifying period and the earliest date to apply;
• reviewing your absences and preparing explanations for long trips;
• checking your English language and Life in the UK evidence;
• reviewing your sponsor’s letter, salary and employment evidence on the Skilled Worker route;
• preparing relationship and financial evidence for partners;
• including your partner and children in the application;
• preparing settlement applications for refugees and people with humanitarian protection;
• advising after a refusal on administrative review, appeal or a new application;
• planning your next step to British citizenship by naturalisation.

If you are approaching 5 years in the UK, contact us with your visa history and travel dates, and we will tell you when and how to apply.

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FAQ

Can I apply for ILR after 5 years in the UK on any visa?

No. Only time on a visa that leads to settlement counts, such as Skilled Worker, the partner route, UK Ancestry or BN(O). Time on Student, Graduate, Visitor or High Potential Individual visas does not count towards the 5 years.

Can I apply for ILR before 5 years?

You can apply up to 28 days before you complete 5 years. Some routes allow settlement sooner: Innovator Founder and most Global Talent visa holders can apply after 3 years.

How much does ILR cost in 2026?

The Home Office fee is £3,226 per person, including each partner and child; refugees and people with humanitarian protection pay no fee. Where offered, priority costs £500 extra and super priority £1,000 extra.

How long does an ILR decision take?

A standard decision usually takes up to 6 months from your biometrics appointment. With super priority, where offered for your route, a decision usually comes by the end of the next working day.

Can I apply for ILR after 5 years if I am on the 10-year route?

Not usually. Time on the 10-year partner or private life route does not count towards the 5-year partner route. If you now meet all the 5-year route requirements, you can switch to it, but your 5 years then start again.

Can refugees apply for ILR after 5 years?

Yes, if the asylum claim was made on or before 1 March 2026 and you have held refugee status or humanitarian protection for 5 years. For claims made from 2 March 2026, protection is granted for 30 months at a time, and settlement is expected to take longer.

What English level do I need for ILR?

Level B1 in speaking and listening for applications made before 26 March 2027. From that date most routes, including Skilled Worker and the partner route, require level B2, unless you are exempt.

Will the 5-year route change to 10 years?

The Government plans a 10-year baseline under its earned settlement model, but as of October 2026 no new rules have been laid and the 5-year rules still apply. Under the proposals, partners of British citizens and BN(O) visa holders would keep a 5-year route.

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