Indefinite Leave to Remain Solicitors in London
Five-year, long residence or refused ILR? Speak to our London settlement solicitors today.
Indefinite Leave to Remain Solicitors in London
Indefinite Leave to Remain (ILR) is permanent immigration status in the UK. It lets
you live, work and study without time limits, and it is the usual step before British
citizenship. Adam Bernard Solicitors has helped migrants and families across London with
settlement for 15 years. We advise on the quickest route open to you, check your absences
and evidence before you apply, and deal with refusals.
Whether you have spent five years on a Skilled Worker or spouse visa, ten years on mixed
visas, or you are worried about the Government’s Earned Settlement proposals, our SRA
regulated immigration solicitors in High Holborn and Upton Park can give you clear advice.
ILR at a glance (2026)
| At a glance | Current position (September 2026) |
|---|---|
| Home Office application fee | £3,226 per person (from 8 April 2026) |
| Priority service | +£500, decision aimed within 5 working days |
| Super Priority service | +£1,000, decision aimed by the next working day |
| Standard processing | Up to 6 months |
| Usual qualifying period | 5 years (3 years for some talent and business routes, 10 years for long residence) |
| Absence limit (most work routes and long residence) | No more than 180 days outside the UK in any rolling 12-month period |
| English language | B1 speaking and listening. Rising to B2 on 26 March 2027 for Skilled Worker, Global Talent, Innovator Founder and UK Ancestry settlement |
| Life in the UK Test | Required for most applicants aged 18–64. £50 |
| Proof of status | eVisa (BRPs are no longer issued) |
| Citizenship | Usually 12 months after ILR (immediately if married to a British citizen) |
Source: GOV.UK: Indefinite leave to remain and the Home Office fees table. Figures checked 24 September 2026.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain is settlement: permission to stay in the UK with no end date and no conditions on work or study. It is granted under the Immigration Rules once you have completed a qualifying period on an eligible route and met the requirements for good character, absences, English language and knowledge of life in the UK.
ILR holders can use the NHS, get public funds where eligible, sponsor family members, and later apply for naturalisation as a British citizen. ILR is sometimes called “settled status” or “permanent residence”. These terms overlap but are not identical. Our guide to UK permanent residence vs ILR explains the difference.
Which visa routes lead to ILR?
Most people qualify for ILR after five years on a route that leads to settlement. Some talent routes allow settlement after three years, and the long residence route takes ten.
| Route | Usual qualifying period | Specialist page |
|---|---|---|
| Spouse / partner of a British or settled person (Appendix FM) | 5 years (2 × 30-month grants) | ILR as a spouse |
| Skilled Worker (including Health and Care) | 5 years | Skilled Worker visa |
| Global Talent | 3 or 5 years depending on endorsement | — |
| Innovator Founder | 3 years (business criteria) | — |
| UK Ancestry | 5 years | — |
| Hong Kong BN(O) | 5 years | BN(O) visa |
| Long Residence (any lawful mix of visas) | 10 years continuous lawful residence | See section below |
| Private life route | 5 years (children and young adults) or 10 years | — |
| HM Forces (non-British personnel) | Usually 4 years’ service | — |
| Refugee / humanitarian protection (SET (P)) | Depends on grant date. Changed 2 March 2026 | ILR as a refugee (SET P) |
| Victims of domestic abuse / bereaved partners | No minimum period | — |
| Early settlement for long-term residents (half-life test) | Case-specific | Early concession on ILR |
Visitor, Student, Graduate and most Global Business Mobility routes do not lead to ILR on their own. Time on some of them can still count towards the 10-year long residence route.
Long residence: ILR after 10 years in the UK
If you have lived in the UK lawfully and continuously for 10 years, you may qualify for ILR under Appendix Long Residence, even if no single visa led to settlement. This is often the right route for people who moved between Student, Graduate, work and family visas.
The key tests under Appendix Long Residence are:
- 10 years’ continuous lawful residence. Short gaps are usually disregarded only where a further application was made within 14 days of the previous leave expiring.
- No more than 180 days’ absence in any rolling 12-month period across the whole 10 years.
- English at B1, the Life in the UK Test, and no serious suitability issues.
From 8 October 2026 (Statement of Changes HC 584), a caseworker who finds you don’t meet long residence but could qualify as a partner, parent, child or under private life will be able to vary the application to that route without a new fee. The Immigration Health Surcharge is still payable.
If your application has already been refused, read our guide: long residence visa refused – what to do next.
Eligibility requirements for Indefinite Leave to Remain
To get ILR you usually need to show a completed qualifying period, continuous residence, good character, English at B1, and a Life in the UK Test pass. The detail depends on your route.
- Qualifying period on a route leading to settlement (see the table above).
- Continuous residence, within the absence limits for your route.
- Suitability and good character. Criminal convictions, immigration breaches, deception, or unpaid NHS debts can lead to refusal.
- Route-specific requirements. For example, a Skilled Worker must still be paid the required salary by a licensed sponsor. A spouse must still be in a genuine relationship and meet the financial requirement.
- English language at B1 (CEFR) in speaking and listening, unless exempt.
- Knowledge of life in the UK: a pass in the Life in the UK Test, unless exempt.
Continuous residence and the 180-day absence rule
On most work routes and the long residence route, you break continuous residence if you spend more than 180 days outside the UK in any rolling 12-month period. The Home Office checks every 12-month window, not just calendar or visa years.
Absences for serious illness, a family emergency, a natural disaster, or certain work and research trips may be disregarded if you can prove them. Family routes under Appendix FM assess absences differently. A long trip abroad while on a spouse visa can still cause problems, so take advice before applying if you have spent long periods outside the UK.
We build a full travel history for every client from passport stamps, flight records and Home Office data. Absence errors are one of the most common reasons we see for ILR refusals.
English language and the Life in the UK Test
Most ILR applicants need B1 English and a Life in the UK Test pass. From 26 March 2027 the English level rises to B2 for four work and talent routes.
- B1 speaking and listening from an approved Secure English Language Test (SELT) provider, or a degree taught in English and confirmed by Ecctis.
- B2 from 26 March 2027 for Skilled Worker, Global Talent, Innovator Founder and UK Ancestry settlement (introduced by Statement of Changes HC 1691). Many applicants who already passed B1 will need a new test, so plan early.
- Exemptions include nationals of majority English-speaking countries (e.g. USA, Canada, Australia, New Zealand, Jamaica and other listed Caribbean states), applicants aged 65 or over, and people with a long-term physical or mental condition that prevents them from meeting the requirement.
- Life in the UK Test: £50, booked through GOV.UK.
Documents for your ILR application
Your evidence must prove your identity, your immigration history, your continuous residence and that you meet your route’s requirements. A typical checklist:
- Current and previous passports covering the whole qualifying period
- Your eVisa / UKVI account details and full immigration history
- A complete list of absences with supporting evidence
- Life in the UK Test pass reference and English language certificate (or proof of exemption)
- Route-specific evidence, e.g. sponsor letter and payslips (Skilled Worker), or relationship and financial evidence (spouse)
- Birth or adoption certificates for any dependent children
- Proof of address and cohabitation, where relevant
Missing or inconsistent documents are the main cause of avoidable refusals. We check every document against the current rules before submission.
ILR fees and processing times (2026)
The Home Office fee for Indefinite Leave to Remain is £3,226 per applicant, including each dependant, from 8 April 2026.
| Item | Cost |
|---|---|
| ILR application fee (per person) | £3,226 |
| Priority service (aimed within 5 working days) | +£500 |
| Super Priority service (aimed by next working day) | +£1,000 |
| Life in the UK Test | £50 |
| Biometric enrolment | £19.20 |
Our legal fees: Adam Bernard Solicitors’ fixed fees for ILR applications currently range from £900 to £2,500 depending on the route and complexity, plus Home Office fees. See our immigration fees page.
Standard applications can take up to six months. Priority services are limited in number and not available on every route. Refugee and humanitarian protection settlement applications (SET (P)) remain free. Always check the current Home Office fees table before paying.
Earned Settlement: is ILR changing to 10 years?
As of September 2026, “Earned Settlement” is still a proposal. The five-year ILR routes remain the law today.
In November 2025 the Home Office published A Fairer Pathway to Settlement. It proposes a 10-year baseline for settlement, with shorter or longer periods based on salary, public service, English level and contribution. The consultation closed on 12 February 2026. The Home Secretary has said she intends the changes to apply to people already in the UK. Transitional protection has not been published, and parliamentary committees, including the House of Lords, have opposed retrospective changes.
The latest Statement of Changes, HC 584 (most changes in force 8 October 2026), does not introduce the Earned Settlement framework.
What this means for you: if you are close to five years on your route, get your eligibility checked now so you can apply as soon as you qualify under the current rules. Read more: ILR 10-year rule – House of Lords report.
Your rights with ILR, and how you can lose it
ILR lets you live, work, study and use the NHS in the UK without time limits, but it is not unconditional.
- Lapse: ILR usually lapses if you spend more than two continuous years outside the UK. You may then need a Returning Resident visa.
- Revocation: the Home Office can revoke ILR if it was obtained by deception, if you become liable to deportation, or if refugee status ends in certain circumstances.
- Proving your status: ILR is now shown through your eVisa. If you have older ILR (for example a stamp in an old passport), see our No Time Limit application service.
From ILR to British citizenship
ILR does not make you a British citizen automatically. Most people can apply for naturalisation 12 months after getting ILR. If you are married to or in a civil partnership with a British citizen, you can apply as soon as you have ILR, provided you meet the residence requirements. See our naturalisation solicitors page for fees and the good character rules.
EU, EEA and Swiss citizens
Most EU, EEA and Swiss citizens living in the UK before 31 December 2020 settle through the EU Settlement Scheme rather than ILR. Pre-settled status holders may now be converted automatically. Late applications are possible with reasonable grounds. See our EU Settlement Scheme (Appendix EU) page.
What if my ILR application is refused?
If your ILR application is refused, your options depend on the refusal letter: a fresh application, administrative review, an appeal, or judicial review. Deadlines are short, so act immediately.
- Fresh application: where the refusal came from a fixable gap such as missing evidence.
- Administrative review: where the caseworker made an error in applying the rules.
- Appeal: where the refusal is of a human rights claim (common in long residence and family cases). See our immigration appeals page.
- Judicial review: where the decision was unlawful and there is no other remedy. See our judicial review page.
If you applied before your previous visa expired, section 3C leave usually protects your right to stay while the application or a challenge is pending.
Why choose Adam Bernard Solicitors for your ILR application?
Adam Bernard Solicitors is an SRA-regulated London law firm with 15 years’ experience and more than 15,000 clients helped. Our immigration team handles straightforward five-year applications as well as complex long residence, absence-heavy and refused cases.
- Solicitors listed on the Law Society’s Find a Solicitor directory
- Offices in High Holborn (Central London) and Upton Park (East London)
- Free initial consultation, in person or by video (Zoom, Teams, WhatsApp, Skype)
- Absence calculation and document review before submission
- Advice on timing under the Earned Settlement proposals
Speak to our indefinite leave to remain solicitors today: call 0207 100 2525 (24/7) or book a free consultation.
This page is for general information only and does not constitute legal advice. Immigration rules change frequently. Figures checked 24 September 2026.
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