Indefinite Leave To Remain (ILR) Applications - Specialist ILR Solicitors

You can apply for Indefinite Leave to Remain (ILR) upon completion of the relevant qualifying period as set out in the UK Immigration Rules. A person who has been granted Indefinite Leave to Remain (ILR) will have permission to stay in the UK for an indefinite period, i.e. permanently. If you have ILR or ILE and your permanent home is in the UK, you will be regarded as a person present and settled in the UK. You can apply for naturalisation as a British Citizen after you have been granted Indefinite Leave to Remain (ILR).

Indefinite Leave to Remain, commonly known as ILR or settlement, allows an eligible person to live in the UK without a time restriction on their immigration permission. Obtaining ILR is an important milestone for many migrants who have built their family, career and private life in the United Kingdom.

An application for Indefinite Leave to Remain must be prepared carefully. The eligibility requirements, qualifying period and supporting documents depend on the immigration route under which you are applying. Errors involving residence, absences, salary, employment, relationships, immigration history or supporting evidence can place an otherwise valid application at risk.

At Premium Solicitors, our specialist immigration solicitors provide comprehensive legal assistance with all types of ILR applications in the UK. We can assess your eligibility, calculate your qualifying residence, review your immigration history, prepare your application and represent you throughout the Home Office decision-making process.

• Page Contents
• Free Immigration Advice
• ILR Applications
• General Requirements
• Documents for ILR Applications
• Complex ILR Applications
• Prioirty/Super Priority Service
• Naturalisation After ILR
• How Our Solicitors Can Help
• Useful Online Resources
• Our Team of Immigration Solicitors
• Book an Appointment
• Our Fixed Fees
• Get a Quote
• Frequently Asked Questions (FAQs)

Free Immigration Advice for ILR Applications

Our specialist team of immigration solicitors can provide a 5-minute free one-off immigration advice session regarding your ILR application. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for Indefinite Leave to Remain (ILR).

Applications for Indefinite Leave to Remain (ILR)

The following are various ILR applications for which our team of specialist immigration solicitors can provide expert legal advice and representation: 

General Requirements for ILR Applications

There is no single set of requirements that applies to every Indefinite Leave to Remain application. However, applicants may need to demonstrate the following matters.

Completion of the Relevant Qualifying Period

You must normally complete the qualifying residence period required by your immigration route. Depending on the category, this may be two, three, five or ten years.

Our solicitors can examine your complete UK immigration history to determine:

• when your qualifying period began;
• which periods of immigration permission can be combined;
• whether any gaps affect your eligibility;
• whether time spent under a previous category counts; and
• the earliest appropriate date on which you can apply.

Continuous Residence in the UK

Many ILR routes require the applicant to have completed a period of continuous residence. The applicable rules consider whether the applicant held qualifying immigration permission, whether continuity was broken and whether absences exceeded the permitted limits. The relevant rules and absence calculations vary between immigration categories.

We can prepare a detailed schedule of your absences and assess whether any time spent outside the UK may affect your application.

Compliance With the Conditions of Your Visa

The Home Office may examine whether you complied with the conditions attached to your immigration permission.

Relevant issues may include:

• working only as permitted;
• complying with sponsorship conditions;
• maintaining the qualifying employment;
• satisfying salary requirements;
• continuing to meet relationship requirements;
• avoiding unauthorised access to public funds; and
• submitting previous applications within the relevant deadlines.

Route-Specific Requirements

Applicants must continue to satisfy the requirements of the route under which they are applying.

For example, a Skilled Worker applicant may need evidence relating to their employment, sponsor, occupation, salary and continuing need for the role. A spouse or partner applicant may need to establish that their relationship is genuine and subsisting and that the couple continue to live together permanently in the UK.

The documents required should therefore be tailored to the applicant’s specific circumstances rather than based on a generic checklist.

English Language Requirement

Depending on the immigration category, applicable transitional provisions and date of application, an applicant may need to demonstrate knowledge of the English language at the level prescribed by the Immigration Rules.

English may be demonstrated through an approved qualification, a qualifying degree or another permitted method. Exemptions can apply in certain circumstances. Applicants should ensure that the qualification relied upon is accepted for their particular settlement application.

Life in the UK Test

Many applicants are required to pass the Life in the UK Test before applying for settlement unless an exemption applies.

It is important to use the correct personal details when booking the test and to retain the reference information required for the ILR application.

Suitability Requirements

An application can also be affected by suitability issues, including:

• criminal convictions;
• cautions or other recorded disposals;
• deception or false representations;
• failure to disclose relevant information;
• previous breaches of immigration law;
• litigation or conduct considered contrary to the public good; and
• other adverse immigration history.

The Immigration Rules contain both mandatory and discretionary grounds on which an application may be refused. Full and accurate disclosure is therefore essential.

Absences From the UK and Continuous Residence

Absences are one of the most common areas of difficulty in ILR applications.

The Home Office may consider:

• the number of days spent outside the UK;
• the dates of departure and return;
• the purpose of each absence;
• whether the absences occurred during qualifying permission;
• whether any permitted absence limit was exceeded;
• whether continuity of residence was broken; and
• whether an exception or discretion may apply.

Applicants should not assume that every ILR route applies the same absence rules. The Home Office’s Appendix Continuous Residence applies to specified settlement categories, and the required qualifying period continues to be determined by the applicant’s particular route.

Our immigration solicitors can review your travel history, compare it with passport stamps and other records, and prepare legal representations addressing any potentially excessive or complicated absences.

Documents Required for ILR Applications

The supporting documents will depend on the applicant’s immigration route and personal circumstances. Evidence may include:

• a valid passport or travel document;
• evidence of current immigration status or eVisa;
• previous passports;
• a complete schedule of absences;
• employment and sponsorship documents;
• payslips and bank statements;
• an employer’s supporting letter;
• evidence of salary and working hours;
• proof of relationship and cohabitation;
• accommodation documents;
• financial evidence;
• evidence of passing the Life in the UK Test;
• evidence of meeting the English language requirement;
• documents relating to children or dependants;
• evidence explaining gaps or exceptional circumstances;
• certified translations; and
• documents addressing previous immigration or criminal matters.

Providing a large quantity of documents does not necessarily make an application stronger. The evidence should be relevant, consistent and organised so that it clearly demonstrates how each requirement is satisfied.

Complex ILR Applications

Our specialist immigration solicitors regularly assist applicants whose cases involve complicated circumstances, including:

• excessive or disputed absences;
• gaps in lawful residence;
• previous late applications;
• changes between immigration categories;
• incorrect salary or working-hour information;
• previous visa refusals;
• criminal convictions or cautions;
• allegations of deception;
• tax or earnings discrepancies;
• periods of maternity, paternity or sick leave;
• changes of employer or sponsor;
• relationship difficulties;
• missing immigration records; and
• uncertainty about the correct settlement route.

A potentially complex issue does not always mean that an ILR application cannot succeed. However, the issue should be identified before submission and addressed through appropriate evidence and detailed legal representations.

Priority/Super Priority Service for ILR Application

A Priority or Super Priority Service may be available for certain ILR applications, subject to the application category and appointment availability. Using an expedited service does not reduce the eligibility or evidential requirements. The application must still be prepared thoroughly and supported by the appropriate documents.

Premium Solicitors can assist with preparing and submitting an ILR application using the fastest Home Office service available for the relevant settlement route, where this is suitable for the applicant.

Our specialist team of fast-track immigration solicitors can provide Super Priority Service for your ILR application to get you a decision on your ILR application within 24 hours. Our specialist ILR solicitors are registered with the Home Office UKVI to provide Super Priority Service for ILR applications.

Our team of fast track immigration solicitors can provide ILR Super Priority Service for your ILR application to be decided by the Home Office UKVI within 24 hours.

Acting under a Conditional Fee Agreement (CFA), we can also provide a one-off service to submit your completed ILR application through Super Priority Service for a fixed fee of £250 + VAT. We will submit your ILR application through Super Priority Service within 48 hours of receiving payment of the relevant fees, and if we fail to submit it within 48 hours, we will issue a full refund of all fees paid to us, with no deductions. Read More

Naturalisation As A British Citizen & British Passport After ILR Grant

You can apply for naturalisation as a British Citizen after you have been granted Indefinite Leave to Remain (ILR) in the UK. Once you have received your naturalisation certificate, you become eligible to apply for your first British passport. Our specialist team of immigration solicitors can provide fixed-fee legal services covering both your application for naturalisation as a British Citizen and your application for your first British passport. Read More

How Our ILR Solicitors Can Help

Premium Solicitors offers a comprehensive service for Indefinite Leave to Remain (ILR) applications.

Our legal services can include:

• assessing your eligibility for ILR;
• identifying the correct settlement category;
• calculating your qualifying period;
• reviewing your complete immigration history;
• checking your absences from the UK;
• advising on English language and Life in the UK requirements;
• preparing a tailored supporting-document checklist;
• reviewing employment, salary or relationship evidence;
• completing and submitting the online application;
• drafting detailed legal representations;
• assisting with biometric enrolment requirements;
• using the Priority or Super Priority Service where available;
• corresponding with UK Visas and Immigration;
• responding to requests for additional documents; and
• advising on a delayed or refused ILR application.

Useful Online Resources For ILR Applications

• ILR Super Priority Service
• Check If You Can Get ILR
• Switch From Pre-Settled Status to Settled Status
• Prove Your Knowledge Of English For ILR Application
• Life In The UK Test For ILR Application
• UK Guidance - ILR Family and Private Life
• Calculating Continuous Lawful Period For ILR
• Appendix Settlement Protection
• Appendix Settlement: Family Life

Our Team of Specialist Immigration Solicitors for ILR Applications

Our immigration solicitors are specialists in ILR applications. As one of the best immigration solicitors, we have an excellent track record of helping clients successfully obtain Indefinite Leave to Remain (ILR). Our highly experienced and fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your Indefinite Leave to Remain (ILR) application. 

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is evident in the 5-star Google Reviews rating from 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling UK visa and immigration applications.

Meet Our Team of Immigration Solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our immigration solicitors in London. We understand that immigration matters are life-changing events, and our team is here to guide you through every step of the ILR application process with professionalism and care. 

Our team comprises a diverse group of immigration solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.

Languages Spoken By Our Team

Schedule Your Consultation With Our immigration solicitors

Are you seeking expert immigration advice and consultation from our highly experienced and qualified team of immigration solicitors and lawyers in London? It's easy to secure an appointment with our dedicated ILR specialists. Our expert team of immigration solicitors and advisors can provide detailed immigration advice and consultation, face-to-face in our offices in London and Birmingham or virtually via Zoom, Microsoft Teams, WhatsApp, or Phone. Book your appointment today using the appointment booking link provided below:

• Book An Appointment Online With Our Immigration Solicitors in London

Our immigration experts are ready to assist you with your application for Indefinite Leave to Remain (ILR). Book your appointment today for personalised guidance and support.

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FAQs - ILR Applications

The following are various frequently asked questions about applications for Indefinite Leave to Remain (ILR) in the UK:

What is an Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is the immigration status through which a person becomes settled in the UK. A person granted ILR can normally live, work and study in the United Kingdom without having to apply for further extensions of their visa. They may also access benefits where independently eligible and may later be able to apply for British citizenship.

ILR is different from British citizenship. A person with ILR remains subject to immigration law and must continue to comply with the conditions governing their settled status, particularly when spending lengthy periods outside the UK.

Is ILR the same as permanent residence?

ILR is commonly described as permanent residence or settlement in the UK. However, it is important not to confuse ILR with historic permanent residence documentation issued under EU law or with settled status granted under the EU Settlement Scheme.

Your rights, residence requirements and rules concerning absences can depend on the particular type of settlement status you hold.

Who can apply for an ILR in the UK?

There are several routes through which a person may qualify for settlement. The relevant requirements depend on the applicant’s current and previous immigration permission.

Our ILR solicitors can assist with applications under routes including:

• ILR as a Skilled Worker;
• ILR as a Health and Care Worker;
• ILR as a spouse or civil partner under the five-year route;
• ILR as a spouse or partner under the ten-year route;
• ILR as a parent of a British or settled child;
• ILR following ten years’ continuous lawful residence;
• ILR under the Private Life route;
• ILR as a Global Talent migrant;
• ILR as an Innovator Founder;
• ILR as a Scale-up Worker;
• ILR as a UK Ancestry migrant;
• ILR as a British National (Overseas) visa holder;
• ILR as a bereaved partner;
• ILR following domestic abuse;
• ILR as a dependent partner or child;
• ILR as a refugee or person with humanitarian protection;
• ILR as a returning resident; and
• Settlement under other eligible immigration categories.

Some work routes usually require five years’ residence, while certain Global Talent, Innovator Founder and legacy Tier 1 categories may permit settlement after a shorter qualifying period. Long residence applications generally involve a ten-year qualifying period. The correct route and qualifying period must therefore be established before an application is submitted.

When should I apply for ILR? 

The correct application date must be calculated by reference to the rules governing your settlement route. For most ILR applications involving work visas and dependants of work visa holders, the qualifying period for ILR can normally be counted from the visa issue date. For most ILR applications under the partner route, parent of a British child route, private life route or long residence application, the qualifying period can normally be counted either from the entry date if the initial visa was granted from outside the UK or from the grant date if the initial grant was made within the UK. In all cases, applicants can apply for ILR within 28 days of completing the ILR qualifying period.  

Submitting an application before the qualifying period has been completed may create unnecessary risk. Delaying the application until after your existing immigration permission expires may also cause serious complications.

Our ILR solicitors can calculate your qualifying period and advise you on the appropriate date by which you can apply for ILR before your current permission expires.

Can I apply for ILR through the Priority /Super Priority Service? 

Subject to availability, you can apply for your Indefinite Leave to Remain (ILR) through Super Priority Service to get a decision on your ILR application within 24 hours.

What are the different application forms to apply for ILR? 

The following are the various application forms to apply for Indefinite Leave to Remain (ILR) online:

• SET (M) Application Form
• SET (O) Application Form
• SET (DV) Application Form
• SET (LR) Application Form
• SET (Protection) Application Form
• SET (F) Application Form

Can Premium Solicitors provide a one-off service to submit my ILR application through the Super Priority Service?

Yes, we can provide a one-off service to submit your fully completed application form through Super Priority Service for a fixed fee of £250 + VAT = £300 including VAT. We will act under a Conditional Fee Agreement with no submission, no fee, meaning we will issue a full refund of all fees paid to us if we fail to submit your ILR application through Super Priority Service within 48 hours of paying the relevant fees.

When can I apply for naturalisation as a British Citizen after being granted ILR?

If you are married to a British citizen, you can apply for naturalisation as a British Citizen immediately after the grant of ILR. If you are not married to a British Citizen, you can apply for naturalisation as a British Citizen 12 months after the grant of ILR.

Our immigration solicitors charge one fixed fee to cover both a naturalisation application and an application for a first British passport.

How long must I live in the UK before applying for ILR?

Many applicants qualify for ILR after completing five years of continuous residence in the UK. However, some applicants may qualify after three years, while applicants under the long residence or certain family and private-life routes may need to complete a ten-year qualifying period.

Your qualifying period must be calculated under the Immigration Rules applying to your particular route.

What is the difference between the five-year and ten-year routes to ILR?

Under a five-year route, an applicant will normally qualify for settlement after completing five continuous years in an eligible immigration category.

The ten-year route may apply to people relying on ten years of lawful residence or those granted permission under a ten-year partner, parent, family or private-life route.

The requirements are not interchangeable. Time spent in the UK that counts towards one route may not necessarily count towards another route. For example, the long residence route can generally include time spent with permission under most immigration categories.

When is the earliest I can submit my ILR application?

The earliest application date depends on the settlement route. Under a number of routes, an applicant may apply up to 28 days before completing the required qualifying period.

Submitting an application more than 28 days early may result in refusal. Applicants should calculate the qualifying period carefully and ensure that their current visa does not expire before they become eligible to apply.

What does continuous residence mean for an ILR application?

Continuous residence generally means living in the UK throughout the required qualifying period without excessive absences or breaks in lawful immigration permission.

Where Appendix Continuous Residence applies, an applicant must normally have spent no more than 180 days outside the UK during any relevant 12-month period. Different rules, transitional provisions and permitted exceptions may apply depending on the route and the dates of the absences.

Can excessive absences affect my ILR application?

Yes. Excessive absences can break the required period of continuous residence and may prevent an applicant from qualifying for ILR.

However, certain absences may be disregarded where they fall within an exception under the Immigration Rules. The treatment of absences can depend on:

• when the absence occurred;
• the applicant’s immigration route;
• the length and reason for the absence;
• whether the absence was connected with work, study or a serious emergency; and
• whether any transitional rules apply.

An applicant with substantial or complicated absences should obtain legal advice before submitting an ILR application.

Can I combine time spent under different visa categories?

It depends on the settlement route.

The ten-year long residence route generally permits applicants to combine periods spent with lawful permission under most immigration categories. By contrast, a five-year Skilled Worker, partner or dependant application will only allow time spent under categories specifically permitted by the relevant Immigration Rules.

A complete immigration history should therefore be reviewed before calculating the qualifying period.

Do I need to meet an English language requirement for ILR?

Many applicants between the ages of 18 and 64 must demonstrate sufficient knowledge of English. This may be shown through an approved Secure English Language Test, an eligible academic qualification taught in English or another permitted form of evidence.

The required English level depends on the immigration route and application date. Applicants should not assume that an English qualification previously used for another application will automatically be accepted for settlement.

For a number of affected settlement routes, the English language requirement is scheduled to increase to CEFR level B2 for applications submitted on or after 26 March 2027.

Do I need to pass the Life in the UK Test?

Most ILR applicants aged between 18 and 64 must pass the Life in the UK Test unless a relevant exemption applies.

The official test contains 24 questions and must be completed within 45 minutes. Applicants should book the test only through the official government service.

Who is exempt from the English language or Life in the UK requirements?

Applicants are generally exempt from the knowledge of language and life requirements if they are:

• under 18 years old;
• aged 65 or over; or
• unable to meet the requirement because of a qualifying long-term physical or mental condition.

There are also route-specific exemptions and limited provisions for applicants facing special circumstances. Medical exemptions normally require appropriate supporting evidence from a medical professional.

How much does an ILR application cost?

Do I need to pay the Immigration Health Surcharge for ILR?

No. Applicants seeking Indefinite Leave to Enter or Indefinite Leave to Remain are not required to pay the Immigration Health Surcharge because they are applying for permanent immigration status.

How long does an ILR application take?

The processing times of an ILR application are normally as follows: 

Standard Service: decision within 6 months

Priority Service: decision within 5 working days

Super Priority Service: decision within 24 hours

The Home Office may take longer where an application is complex, further documents are required or checks need to be completed with another government department.

Can I use the Priority or Super Priority Service for ILR?

A faster decision service may be available for certain ILR application categories.

Where available:

• the Priority Service costs an additional £500 and normally provides a decision within five working days; and
• the Super Priority Service costs an additional £1,000 and normally provides a decision by the end of the next working day, or within two working days following a weekend or bank-holiday appointment.

Availability depends on the application route, the method used to prove identity and the number of appointments released by the Home Office. A faster decision is not guaranteed where further checks are required.

Can I travel while my ILR application is pending?

You should not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while an in-country ILR application is awaiting a decision.

Leaving the Common Travel Area before a decision is made will normally result in the application being treated as withdrawn. The application fee will not normally be refunded.

Can my partner and children apply for ILR with me?

Your partner and children may be able to apply as your dependants, but they must independently satisfy the requirements applying to their dependant category.

A dependant partner may need to complete a separate five-year qualifying period. Children must satisfy requirements concerning their age, dependency, care arrangements and family circumstances. Family members do not automatically receive ILR merely because the main applicant qualifies.

Can criminal convictions affect an ILR application?

Yes. Criminal convictions, suspended or custodial sentences, non-custodial penalties, persistent offending and conduct causing serious harm can lead to mandatory or discretionary refusal under the suitability requirements.

Applicants must disclose relevant criminal convictions and other matters accurately. Failure to disclose relevant information may create an additional allegation of deception or false representation.

Legal advice should be obtained before applying where the applicant has any criminal conviction, caution, pending prosecution or other adverse history.

Can overstaying or a gap in immigration permission affect ILR?

Yes. A period of overstaying or a gap in lawful immigration permission can break continuous lawful residence or result in the applicant failing the suitability requirements.

Limited exceptions may apply in certain circumstances, but these must be considered under the Immigration Rules applicable to the relevant route. Applicants should not assume that a short period of overstaying will automatically be disregarded.

What happens if my ILR application is refused?

The options following an ILR refusal depend on the application route and the reasons given by the Home Office. Possible remedies may include:

• submitting a fresh application;
• applying for an administrative review, where available;
• appealing where there is a right of appeal;
• challenging the decision through judicial review; or
• applying for further limited leave to remain.

The refusal decision should be reviewed promptly because strict time limits may apply.

What rights will I have after ILR is granted?

A person granted ILR can normally live, work and study in the UK without a time limit. They may access public funds where eligible and may later qualify to apply for British citizenship.

A child born in the UK after a parent has become settled will normally be a British citizen automatically at birth.

Can I apply for British citizenship after receiving ILR?

Most applicants must hold ILR for at least 12 months before applying for naturalisation as a British citizen. They must also satisfy the residence, good character, language and Life in the UK requirements.

A person married to or in a civil partnership with a British citizen does not normally have to wait 12 months after obtaining ILR, provided all the other naturalisation requirements are met.

Can I lose my Indefinite Leave to Remain?

ILR will normally lapse if you remain outside the UK for two continuous years or more. A person whose ILR has lapsed may need to apply for a Returning Resident visa before returning to live permanently in the UK.

Different absence rules apply to settled status under the EU Settlement Scheme.

ILR may also be revoked or invalidated in circumstances involving deportation, deception or certain changes to protection status.

For how long can I be away from the UK holding an ILR?

Your ILR will remain valid and intact if you are not away from the UK for two years or more consecutively (in one go). If you remain absent from the UK for two years or longer consecutively, your ILR will become invalid and be revoked automatically. You can apply for Indefinite Leave to Enter (ILE) as a returning resident to your Indefinite Leave again.

If you were granted settled status under the EU Settlement Scheme (EUSS), your settled status will remain valid and intact if you are not absent from the UK for 5 years or more consecutively (in one go). You will not be able to apply as a returning resident to get your settled status back if your settled status becomes invalid due to an absence of 5 years or more in one go.

Why choose Premium Solicitors for an ILR application?

Premium Solicitors is an SRA-regulated law firm authorised to provide immigration legal services.

By instructing our specialist ILR solicitors, you can benefit from:

• specialist immigration law advice;
• extensive experience with settlement applications;
• direct advice tailored to your immigration history;
• clear and transparent fixed-fee options;
• appointments available seven days a week;
• remote legal services throughout the UK and internationally;
• consultations by telephone, Zoom, Microsoft Teams or in person; and
• support throughout the entire application process.

We understand the importance of achieving settlement after spending several years building your life in the United Kingdom. Our objective is to prepare a clear, accurate and professionally presented application that addresses all relevant requirements.

We provide professional assistance with straightforward and complex ILR applications. Contact Premium Solicitors to arrange an immigration advice appointment or obtain a fixed-fee quote for your application.