Indefinite Leave to Remain (ILR) Under Work Visa Routes - Specialist ILR Solicitors

If you have lived and worked lawfully in the UK under an eligible work visa category, you may qualify for Indefinite Leave to Remain (ILR). Obtaining ILR is an important milestone because it allows you to settle permanently in the UK without being subject to the time restrictions attached to limited leave.

At Premium Solicitors, our specialist UK immigration solicitors provide comprehensive legal advice and representation for applications for Indefinite Leave to Remain under the work visa categories. We can assess your qualifying residence, immigration history, absences, salary, employment and supporting documents before preparing and submitting your ILR application.

• Page Contents
• Free Immigration Advice
• Work Visa ILR Applications
• General Requirements for ILR
• Qualifying Periods for ILR
• Combining Time Under Visa Routes
• Continuous Residence Requirement
• Life in the UK Test Requirement
• English Language Test Requirement
• Suitability Requirements
• Documents for ILR Applications
• Common Refusal Reasons
• How Our Solicitors Can Help
• Why Choose Us?
• Our Team of Immigration Solicitors
• Book an Appointment
• Get a Quote
• Frequently Asked Questions (FAQs)

Free Immigration Advice for ILR Work Visa Categories 

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

ILR Applications Work Visa Routes

Several UK work visa routes provide a direct pathway to settlement. The qualifying period and specific requirements depend on the applicant’s current visa category and previous immigration history.

The principal work-related routes leading to ILR include:

• ILR as a Skilled Worker
• ILR - Health and Care Worker
• ILR Care Worker
• ILR UK Ancestry
• ILR as a Global Talent Migrant
• ILR T2 Minister Of Religion
• ILR as a Tier 1 Entrepreneur
• ILR as a Sole Representative of an Overseas Business
• ILR as a Scale-up Worker
• ILR as an International Sportsperson
• ILR Innovator Founder

Not every work visa provides a direct route to settlement. Applicants who have held different types of immigration permission should obtain legal advice about whether their previous residence can be combined with their current work visa when calculating the qualifying period.

General Requirements for ILR Under a Work Visa

Although every immigration category has its own requirements, most applicants applying for settlement under a work visa route must satisfy the following general criteria:

1. Complete the required qualifying period in the UK;
2. Meet the continuous residence requirement;
3. Remain within the permitted absence limits;
4. Hold, or have last held, permission under the relevant work route;
5. Meet any applicable employment, sponsorship, salary, earnings, endorsement or business requirements;
6. Pass the Life in the UK Test, unless exempt;
7. Meet any applicable English-language requirement;
8. Comply with UK immigration laws;
9. Meet the suitability requirements of the Immigration Rules;
10. Submit a valid application from inside the UK; and
11. Provide the required identity documents, biometrics and supporting evidence.

An applicant must normally be physically present in the UK when submitting an ILR application under one of the relevant work routes. The correct application fee must be paid, biometrics must be provided where required, and the applicant must establish their identity and nationality.

Qualifying Period for ILR Under the Work Visa Categories

The qualifying period depends on the applicant’s particular immigration category.

Five-Year Qualifying Period

A five-year qualifying period generally applies to applicants seeking ILR as a:

• Skilled Worker;
• Scale-up Worker;
• International Sportsperson;
• T2 Minister of Religion;
• Representative of an Overseas Business; or
• UK Ancestry migrant.

For example, a Skilled Worker must normally have spent a continuous period of five years in the UK. Time spent under certain other eligible work routes may be combined with time spent as a Skilled Worker.

Three-Year Qualifying Period

An Innovator Founder can qualify for ILR after spending at least three years in the UK with permission under the Innovator Founder route. Unlike some other work routes, time spent under another immigration category does not normally count towards this three-year Innovator Founder qualifying period.

Some Global Talent migrants may also qualify for ILR after three years. This includes certain applicants endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UK Research and Innovation, applicants endorsed under specified exceptional-talent criteria, and applicants who qualified through a listed prestigious prize.

Five-Year Global Talent Route

A Global Talent migrant endorsed under the exceptional-promise criteria by the relevant arts, culture or digital-technology endorsing body will normally require five years’ qualifying residence before applying for ILR.

Legacy Tier 1 Routes

Some applicants holding permission under a legacy Tier 1 category may still be eligible for settlement, subject to the transitional arrangements and the specific requirements applicable to their route.

The qualifying period may vary depending on the category and whether the applicant meets any accelerated settlement requirements. Specialist legal advice should be obtained before relying on time spent under a closed immigration route.

Combining Time Spent Under Different Work Visa Routes

Time spent under different work routes can sometimes be combined to complete the qualifying period.

For example, a person applying for ILR as a Skilled Worker may be able to count qualifying permission held under one or more of the following categories:

• Skilled Worker;
• Global Talent;
• Innovator Founder;
• T2 Minister of Religion;
• International Sportsperson;
• Representative of an Overseas Business;
• Scale-up Worker; and
• certain Tier 1 categories.

Time held as a dependant does not count towards the lead applicant’s work-route qualifying period. The applicant must also hold, or have last been granted, permission under the route through which settlement is being sought.

The permitted combination of immigration categories differs between routes. A detailed immigration history should therefore be reviewed before the applicant calculates the date on which they become eligible for ILR.

Continuous Residence Requirement for Work Visa ILR

An applicant must have lived continuously and lawfully in the UK throughout the required qualifying period.

Under Appendix Continuous Residence, an applicant must normally not have spent more than 180 days outside the UK during any 12-month period forming part of the qualifying period.

The Home Office may consider particular exceptions relating to certain absences, including qualifying absences connected with:

• travel disruption caused by natural disaster, military conflict or a pandemic;
• compelling and compassionate personal circumstances;
• life-threatening illness affecting the applicant or a close family member;
• research activity undertaken by certain Global Talent applicants;
• permitted international work connected with an eligible occupation; or
• circumstances specifically protected under Appendix Continuous Residence.

Whether an absence is disregarded depends on the immigration route, the reason for travel and the supporting evidence provided.

Applicants should prepare a complete schedule of all absences from the UK, including:

• the date they left the UK;
• the date they returned;
• the destination;
• the number of days absent; and
• the reason for each absence.

Even where an applicant believes their travel was work-related or authorised by their employer, the absences should be checked against the precise requirements of Appendix Continuous Residence.

Life in the UK Test Requirement for ILR Applications

Applicants under most work visa settlement routes must pass the Life in the UK Test before submitting their ILR application.

The applicant will normally meet the requirement by providing the digital reference number showing that they have passed the test. An applicant may be exempt if they:

• are under the age of 18;
• are aged 65 or over; or
• have a physical or mental condition that prevents them from meeting the requirement.

Medical evidence will normally be required where an exemption is claimed because of a physical or mental condition.

English-Language Requirement for ILR Applications

Whether a separate English-language requirement applies at the settlement stage depends on the applicant’s work route and the date of application.

For example, the current rules require applicants under certain routes, including Global Talent and International Sportsperson, to demonstrate speaking and listening at level B1 for settlement applications made before 26 March 2027. The required level is scheduled to increase to B2 for applications made on or after that date.

The English requirement may be met through:

• an approved Secure English Language Test;
• an eligible UK academic qualification;
• an overseas qualification taught in English and confirmed by Ecctis;
• nationality of a specified majority English-speaking country;
• having met the relevant requirement successfully in a previous immigration application; or
• an applicable exemption.

The precise requirement should be checked against the Immigration Rules in force on the date of application.

Suitability and Immigration Compliance

An applicant must not fall for refusal under Appendix Part Suitability of the Immigration Rules.

An ILR application may be affected by matters including:

• criminal convictions;
• deception or false representations;
• submission of false documents;
• previous breaches of immigration law;
• overstaying;
• prohibited employment;
• failure to comply with visa conditions;
• unpaid NHS charges;
• litigation debt owed to the Home Office;
• conduct considered not conducive to the public good; or
• being subject to immigration bail.

Not every previous immigration issue automatically results in refusal. The effect of an issue depends on its nature, seriousness, timing and the particular suitability provision engaged.

Full and accurate disclosure should be made in the ILR application.

Documents Required for a Work Visa ILR Application

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

• a current passport or travel document;
• evidence of current immigration status;
• a detailed schedule of absences;
• previous passports covering the qualifying period;
• a Life in the UK Test reference number;
• English-language evidence, where required;
• an employer’s settlement letter;
• recent payslips;
• personal bank statements showing salary payments;
• employment contracts;
• P60s;
• HMRC employment records;
• evidence relating to changes of employer or occupation code;
• evidence explaining excessive or exceptional absences;
• endorsement documents;
• company accounts and business evidence;
• PAYE earnings records;
• evidence of criminal convictions or previous immigration issues; and
• relationship evidence for dependant applicants.

A standard checklist should not be treated as sufficient for every application. The supporting documents must address the particular requirements of the immigration category and any issues arising from the applicant’s personal history.

Submitting unnecessary, inconsistent or incorrectly prepared documents can create avoidable complications. Our solicitors will provide a personalised document checklist based on the relevant settlement route.

Common Reasons for Refusal of a Work Visa ILR Application

A work-route ILR application may be refused because:

• the application was submitted too early;
• the applicant has not completed the correct qualifying period;
• time spent under an ineligible immigration category was included;
• absences exceeded the permitted limit;
• an incomplete or inaccurate travel history was provided;
• the employer’s letter did not contain the required confirmations;
• the salary did not meet the applicable threshold or going rate;
• the wrong occupation code or weekly working hours were used;
• the Scale-up earnings requirement was not met;
• the Global Talent earnings were not connected with the endorsed field;
• the Innovator Founder business did not meet the settlement criteria;
• the applicant did not meet the Life in the UK or English requirement;
• there was a breach of immigration conditions; or
• relevant criminal or immigration matters were not disclosed.

Professional review before submission can identify potential problems and provide an opportunity to address them with appropriate representations and supporting evidence.

How Premium Solicitors Can Help With Your Work Visa ILR Application

Premium Solicitors are specialist UK immigration solicitors with extensive experience in preparing applications for ILR under the work visa categories.

Our immigration solicitors can assist with:

• assessing whether you qualify for ILR;
• calculating your earliest application date;
• checking whether time under different immigration routes can be combined;
• reviewing your UK immigration history;
• calculating absences from the UK;
• advising on excessive or exceptional absences;
• checking the applicable salary threshold and going rate;
• reviewing your occupation code and weekly working hours;
• preparing the required employer or sponsor letter;
• assessing Scale-up PAYE earnings;
• reviewing Global Talent earnings evidence;
• preparing Innovator Founder settlement applications;
• advising on English-language and Life in the UK requirements;
• preparing detailed legal representations;
• reviewing and uploading supporting documents; and
• submitting the ILR application to UK Visas and Immigration.

We can also advise where the application involves long absences, previous refusals, gaps in immigration permission, changes of employer, salary reductions, maternity or sick leave, criminal convictions or other complex circumstances.

We offer confidential immigration advice and fixed-fee legal services. Our offices are open seven days a week, 365 days a year, and we can assist clients throughout the UK through appointments by telephone, Zoom, Microsoft Teams, WhatsApp or email.

Why Choose Premium Solicitors for Your Work Visa ILR Application?

Premium Solicitors is an SRA-regulated law firm with a team of specialist UK immigration solicitors experienced in preparing straightforward and complex settlement applications.

By instructing us, you can benefit from:

• specialist advice from experienced immigration solicitors;
• a detailed assessment of your immigration and employment history;
• comprehensive preparation of your ILR application;
• clear and transparent fixed-fee options;
• appointments available seven days a week;
• assistance by telephone, email, WhatsApp, Zoom or Microsoft Teams;
• legal services for clients throughout the UK; and
• priority and super priority application assistance where the service is available.

Our Team of Specialist Immigration Solicitors for ILR Work Visa Applications

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

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 work visa solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our work visa 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 work visa 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.

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FAQs - ILR Under Work Visa Categories

The following are various Frequently Asked Questions (FAQs) about the ILR applications under the UK work visa categories:

What Is Indefinite Leave to Remain?

Indefinite Leave to Remain, commonly known as ILR or settlement, gives a person the right to live, work and study in the UK without a time limit. A person granted ILR may also access public funds where eligible and may subsequently qualify to apply for British citizenship.

Unlike a work visa extension, an ILR application is not simply based on the applicant continuing in the same immigration category. The applicant must satisfy the relevant settlement requirements, including the qualifying residence period, continuous residence, route-specific employment or earnings requirements, suitability requirements and the Knowledge of Language and Life in the UK requirements where applicable.

How long must I hold a work visa before applying for ILR?

Most work visa applicants must complete five years of qualifying residence. However, eligible Global Talent and Innovator Founder applicants may qualify after three years. Some legacy Tier 1 applicants may qualify under different accelerated settlement provisions.

When can I apply for an ILR under the UK work visa category?

In most work visa categories, an applicant can apply up to 28 days before completing the required qualifying period.

An application submitted more than 28 days early may be refused. Applicants should also ensure that their current immigration permission remains valid on the date of application.

Before applying, it is important to calculate the qualifying period accurately, taking account of:

• the date of entry into the UK;
• the date permission was granted;
• any delay between the grant of entry clearance and arrival;
• time spent in other qualifying categories;
• absences from the UK;
• gaps between periods of permission; and
• any period covered by section 3C leave.

Can I combine time spent under different work visa categories?

Certain work routes allow applicants to combine time spent under specified immigration categories. For example, a Skilled Worker may be able to combine time spent as a Global Talent migrant, Innovator Founder, Scale-up Worker, International Sportsperson or under another expressly permitted category. The permitted combinations depend on the route under which settlement is being requested.

Can I apply for a Skilled Worker ILR after changing employers?

Changing employers does not necessarily prevent an applicant from qualifying for ILR. However, the applicant’s current sponsor must ordinarily hold the appropriate sponsor licence, continue to require the applicant for the foreseeable future and confirm that the relevant salary requirements are met.

How many days can I remain outside the UK?

The general requirement is that an applicant must not have spent more than 180 days outside the UK during any rolling 12-month period within the qualifying period. Exceptions and different historical calculations may apply in some cases.

Can my spouse and children apply for ILR with me?

Dependants may apply at the same time if they independently satisfy the relevant settlement requirements. A dependent partner will commonly need five years’ qualifying residence as a dependant and may need to satisfy English language and Life in the UK requirements.

Dependent partners and children do not automatically receive ILR when the main work visa holder settles.

A dependent partner will commonly need to complete a separate five-year qualifying period as a dependant. Time spent under a different immigration category or as the dependant of a different partner may not qualify.

The dependent partner must normally continue to satisfy the relationship requirement and may need to meet the English language, Life in the UK and continuous residence requirements. Different provisions can apply to dependants of UK Ancestry migrants and Representatives of an Overseas Business.

Dependent children must satisfy the relevant relationship, care, age and independent-life requirements. The settlement status of both parents can also be relevant.

Can the main work visa holder apply for ILR without their dependants?

Yes. The main applicant can apply for ILR when eligible even if their partner or children are not yet eligible for settlement.

Depending on their circumstances, the dependants may be able to extend their permission and apply for ILR later. The correct application route must be selected carefully, especially where the main applicant has already become settled or has subsequently become a British citizen.

Can I apply for an ILR more than 28 days early?

An application should not normally be submitted more than 28 days before completion of the relevant qualifying period. An application submitted too early may be refused.

Do I need a letter from my employer for a Skilled Worker ILR?

Yes. The employer or sponsor will normally need to confirm that the applicant remains required for the job for the foreseeable future and that the applicable salary requirements are, and will continue to be, satisfied.

Can I use the super priority service for a work visa ILR application?

A priority or super priority service may be available for certain settlement applications, subject to the relevant category and appointment availability. Where available, the super priority service generally provides a decision by the end of the next working day after biometric enrolment for a weekday appointment, or within two working days following a weekend appointment.

Do all UK work visas lead directly to ILR?

No. Some work visas are temporary routes and do not provide a direct route to settlement.

For example, the Global Business Mobility routes, including the Senior or Specialist Worker and UK Expansion Worker routes, do not lead directly to ILR. Time spent under those routes will not normally count towards the five-year qualifying period under another points-based work route, although it may potentially count towards an application based on 10 years’ long residence.

A worker who wishes to settle may need to switch into a route that leads to ILR, such as the Skilled Worker route.

Can a Health and Care Worker apply for an ILR?

Yes. The Health and Care Worker visa is part of the Skilled Worker route and can lead to ILR after five years, provided the applicant satisfies the settlement requirements.

The applicant’s employer must normally remain an approved sponsor, confirm that the worker is required for the foreseeable future and confirm that the worker will continue to receive the required salary.

Different salary provisions may apply to eligible health and education occupations, so the applicant’s occupation code and employment history must be checked carefully.

What is the salary requirement for a Skilled Worker ILR?

The salary required for a Skilled Worker ILR depends on the applicant’s individual circumstances.

Under the current rules, the applicant must normally meet both:

• the applicable general annual salary threshold; and
• the relevant going rate for their occupation code.

Different thresholds may apply to workers whose sponsorship or immigration history falls within transitional provisions, jobs on an eligible salary list, and specified health or education occupations. The salary calculation may also be affected by weekly working hours and which elements of remuneration can be counted.

It is important to calculate the settlement salary under the rules in force on the application date rather than relying only on the salary requirement that applied when the applicant’s visa was originally granted.

Can I combine time spent under different work visa routes?

In many cases, yes. The Immigration Rules permit applicants under routes such as Skilled Worker, Scale-up Worker and International Sportsperson to combine time spent under specified eligible work routes.

Qualifying categories can include Skilled Worker, Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, Scale-up and certain Tier 1 categories. Time spent as a dependant does not normally count towards the main applicant’s five-year work-route qualifying period.

The permitted combinations depend on the route under which the applicant is applying for settlement.

How many absences from the UK are permitted for a work visa ILR application?

Applicants must normally have spent no more than 180 days outside the UK during any consecutive 12-month period forming part of the relevant qualifying period.

The calculation is not necessarily based on calendar years. Absences must be reviewed using rolling consecutive 12-month periods. Appendix Continuous Residence also contains provisions dealing with circumstances in which particular absences may be disregarded.

Special provisions can apply to some Global Talent applicants whose overseas absences were connected to their qualifying professional work.

What happens if I have exceeded 180 days’ absence from the UK?

Exceeding 180 days in a relevant consecutive 12-month period can prevent an applicant from satisfying the continuous residence requirement.

However, certain absences may be disregarded where the requirements of Appendix Continuous Residence are met. The applicant should provide detailed evidence explaining the dates, purpose and circumstances of the absences and why any relevant exception applies.

A full assessment should be carried out before submitting the application because an incorrectly calculated absence period can result in refusal.

When is the earliest I can apply for ILR?

An applicant can normally submit an ILR application up to 28 days before completing the required qualifying period.

An application submitted more than 28 days early may be refused. Applicants should also avoid waiting until after their existing permission expires.

The qualifying-period calculation should take account of the applicant’s date of entry, visa grant dates, previous immigration categories and any periods covered by section 3C leave.

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

Most applicants aged between 18 and 64 must pass the Life in the UK Test before applying for ILR under a work visa route.

Exemptions may apply to applicants who:

• are under 18;
• are aged 65 or over; or
• have a qualifying physical or mental condition that prevents them from meeting the requirement.

The test should normally be passed before the ILR application is submitted.

Do I need to meet an English-language requirement for a work visa ILR?

Whether additional English-language evidence is required depends on the applicant’s route, previous grants of permission, application date and any applicable exemption.

The Immigration Rules also contain scheduled changes under which applicants in specified work routes applying on or after 26 March 2027 may need to demonstrate speaking and listening ability at level B2, unless exempt. Applicants should therefore check the rules applying on the exact date of their settlement application.

A previous English-language qualification cannot automatically be relied upon without checking whether it satisfies the current settlement rules.

Does my employer need to provide a letter for my Skilled Worker ILR application?

Yes. A Skilled Worker ILR application will normally require a letter from the sponsoring employer confirming matters including:

• that the employer continues to require the applicant to work for it for the foreseeable future;
• the applicant’s job title and occupation code;
• the applicant’s current salary and working hours;
• that the relevant salary will continue to be paid; and
• details of absences from work or overseas travel where appropriate.

The sponsor must remain approved by the Home Office to sponsor Skilled Workers on the date the application is decided.

What happens if my employment ends before my ILR application is decided?

A sponsored worker may no longer meet the settlement requirements if their employment ends, their sponsor withdraws support or the employer can no longer confirm that the worker is required for the foreseeable future.

Applicants should obtain advice immediately if they are made redundant, dismissed, placed on notice, transferred to another employer or affected by sponsor-licence action before a decision is made.

A change in employment circumstances must be considered carefully because the Home Office may contact the sponsor when deciding the application.

Which application form is used for work visa ILR applications?

Most applicants applying for ILR under a qualifying work route must submit the online SET(O) application form.

This includes applicants under routes such as Skilled Worker, Global Talent, Scale-up Worker, International Sportsperson, T2 Minister of Religion, UK Ancestry and Representative of an Overseas Business. Innovator Founder applicants use the specified Innovator settlement application.

Selecting the wrong form can cause an application to be rejected as invalid.

How much is the Home Office fee for a work visa ILR application?

Do I have to pay the Immigration Health Surcharge for an ILR application?

No. Applicants applying for indefinite leave to remain are not required to pay the Immigration Health Surcharge.

The surcharge may become payable if the settlement application is varied to an application for limited permission to stay.

How long does an ILR work visa application take?

The processing time of most ILR applications is as follows:

Standard Service: a decision is made normally within 6 months

Priority Service: a decision is typically made within 5 working days

Super Priority Service: a decision is usually made within 24 hours

The availability of priority and/or super-priority service depends on the immigration route, application form, and appointment capacity.

Can I travel while my ILR application is pending?

An applicant 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.

Applicants with urgent travel plans should consider the timing of the application and whether a faster decision service is available.

What can I do if my work visa ILR application is refused?

A refusal under many work visa settlement routes may carry a right to apply for Administrative Review where the applicant believes the Home Office made a caseworking error.

The appropriate remedy may include:

• applying for Administrative Review;
• submitting a fresh ILR application;
• making an application to extend the current visa;
• challenging the decision by judicial review; or
• relying on another settlement route.

The correct option depends on the refusal reasons, the applicant’s remaining immigration permission and whether the requirements were met on the original application date. The Skilled Worker, International Sportsperson and T2 Minister of Religion rules expressly provide for Administrative Review following refusal.