Indefinite Leave to Remain — known as ILR, or settlement — is the right to live in the UK permanently without any time limit on your stay. Once granted, you can live, work, and access public services without renewing a visa. It is also the step that leads to British citizenship. This guide explains who qualifies, what the requirements are, how the application works, and what the current costs and processing times are in 2026.
What ILR gives you
ILR removes all immigration restrictions on your time in the UK. You can change jobs freely, access public funds, and travel in and out of the UK without needing to renew a visa. You no longer pay the Immigration Health Surcharge — ILR applicants are not required to pay IHS, which is one of the significant financial reliefs that comes with settlement.
ILR does not expire based on time, but it can lapse if you spend more than two continuous years outside the UK. If you do leave for more than two years, you may need to apply for a Returning Resident Visa before re-entering.
After holding ILR for 12 months — or immediately if you are married to a British citizen and meet the residence requirements — you can apply for British citizenship by naturalisation.
Who can apply for ILR?
ILR is available through a number of routes. The most common are:
- The partner route (SET(M)) — after five years on a spouse, civil partner, or unmarried partner visa
- The Skilled Worker route (SET(O)) — after five years on a Skilled Worker visa
- The long residence route — after ten years of continuous lawful residence in the UK
- The Global Talent route — after three or five years depending on endorsement level
- The Innovator Founder route — after three years of active business development
The five-year qualifying period for spouse and partner visa holders remains in place as of 2026. There have been government proposals to extend qualifying periods to ten years for some routes, but these have not been implemented and the five-year spouse route is confirmed as stable.
Core eligibility requirements
Continuous lawful residence
You must have been continuously and lawfully resident in the UK throughout the qualifying period. This means no gaps in your leave to remain and no periods of overstaying. If your visa expired even briefly before an extension was granted — without the protection of section 3C leave — that gap can affect your ILR eligibility and must be addressed before applying.
The 180-day absence rule
You must not have spent more than 180 days outside the UK in any rolling 12-month period during the qualifying period. This is checked across every rolling 12-month window throughout the five years — not just the year before your application. If you have travelled frequently for work or family reasons, calculate your absences carefully before applying. Exceeding 180 days in any single window can cause a refusal, even if that window was several years ago.
The Home Office does have discretion to overlook excess absences where they were caused by exceptional circumstances — such as serious illness, bereavement, or in the 2020 to 2021 period, COVID-19 related travel restrictions. Exceptional circumstances must be evidenced thoroughly. If your absence record is a concern, take specialist legal advice before submitting.
The relationship must still be genuine and subsisting
For the partner route, the Home Office reassesses your relationship at ILR stage. The relationship must still be genuine and ongoing at the time of application. Current evidence is the priority — joint bank statements from the past six months, utility bills or a tenancy agreement in both names, and recent photographs. Historical evidence is helpful but cannot substitute for evidence of the current position.
Financial requirement
The sponsor’s income must still meet the £29,000 gross annual threshold at the point of the ILR application. The same evidential standard applies as at earlier stages — six consecutive months of payslips and bank statements, plus an employer letter. If the sponsor’s employment has changed since the FLR(M) extension, ensure the new evidence is correctly prepared.
Life in the UK test
You must have passed the Life in the UK Test before applying for ILR. The test costs £50 per attempt and must be booked through the official gov.uk website. If you passed it for your FLR(M) extension, the same certificate can be used — it does not expire once passed. If you have not yet taken the test, book it well in advance of your planned ILR application date.
English language at B1 level
You must demonstrate English language ability at CEFR B1 level. If you used a B1 SELT certificate for your FLR(M) extension, the same certificate can be used for ILR provided it has not expired. SELT certificates are typically valid for two years from the test date — check the expiry date carefully.
Nationals of majority English-speaking countries, and those with a degree taught and examined entirely in English, are exempt from the language test requirement.
Good character
You must satisfy the good character requirement — no serious or recent criminal convictions, no immigration breaches during your time in the UK, and no outstanding NHS debts above £500. Everything must be declared accurately. Failing to disclose relevant history is treated far more seriously than the underlying issue itself.
The application process
The ILR application for the partner route is made using the SET(M) form, submitted online through the UKVI portal. The process works as follows:
First, confirm that you have completed the qualifying period and that all requirements are met. Calculate your absences across the full five-year period and gather all supporting documents — your passport and any previous passports, your Biometric Residence Permit, financial evidence, relationship evidence, your Life in the UK test certificate, English language evidence, and a full schedule of absences with supporting documents.
Submit the SET(M) application online and pay the application fee. Once submitted, book your biometrics appointment at a UKVCAS centre. Attend the appointment to provide fingerprints and a photograph. Then await the decision.
ILR fees in 2026
The ILR application fee is £3,226 per applicant, effective from 8 April 2026. This applies to every person applying — including dependent children. The fee is non-refundable if the application is refused. There is no Immigration Health Surcharge for ILR applications.
There is a biometrics enrolment fee of £19.20 for the standard UKVCAS appointment. Enhanced appointment slots at more convenient locations or outside standard hours carry an additional charge.
Processing times
The official Home Office service standard for ILR applications is 8 weeks from the date of the biometrics appointment. In practice, standard applications frequently take 3 to 6 months, particularly during peak periods such as March to May when volumes are highest ahead of annual fee increases.
A priority service is available at additional cost of £500 per applicant, targeting a decision within 5 working days. A super-priority service is available at £1,000 per applicant, targeting a decision by the end of the next working day after biometrics. Both services are available for most ILR routes through UKVCAS but check availability when booking — not all routes are eligible for all services.
Do not travel outside the UK while your ILR application is pending
Leaving the UK while an ILR application is in progress may be treated as withdrawing the application. Do not travel outside the UK after submitting an ILR application without first taking specialist legal advice.
After ILR is granted
Once ILR is granted you receive digital immigration status confirming your settlement. You can live and work in the UK permanently without any further visa renewals. After holding ILR for 12 months, you become eligible to apply for British citizenship by naturalisation — or immediately if you are married to a British citizen and meet the residence requirements for naturalisation.
Frequently asked questions
When can I apply for ILR on the spouse visa route?
After completing five years of continuous lawful residence on the partner visa route — your initial 33-month visa followed by the 30-month FLR(M) extension. You can submit the ILR application up to 28 days before completing the full five years.
What is the ILR application fee in 2026?
The fee is £3,226 per applicant from 8 April 2026. Each dependant applying at the same time also pays the same fee. The fee is non-refundable if the application is refused. There is no Immigration Health Surcharge payable for ILR applications.
How long does an ILR application take to process?
The official service standard is 8 weeks, but in practice most standard applications take 3 to 6 months. A priority service (£500) targets 5 working days and a super-priority service (£1,000) targets the next working day. Do not travel outside the UK while waiting for a decision.
What happens if I exceeded 180 days absence in one year?
Your ILR application may be refused. However, the Home Office has discretion where the excess absence was caused by exceptional circumstances — serious illness, bereavement, or COVID-19 restrictions in 2020 to 2021. These circumstances must be fully evidenced. Take specialist legal advice before submitting if your absence record is a concern.
Does ILR expire?
ILR does not expire based on time. However, it can lapse if you spend more than two continuous years outside the UK. If you plan to spend an extended period abroad after receiving ILR, take advice before departing on how to protect your status.
Will the ILR qualifying period increase to 10 years?
There have been government proposals to extend qualifying periods to 10 years for some routes. As of April 2026, the five-year qualifying period for the spouse and partner route remains in place and is confirmed as stable. Always check the current rules on gov.uk or with a specialist adviser before applying.
JPS Immigration prepares ILR applications from start to finish — reviewing your absence record, checking every document, and ensuring nothing is missing before submission. Call +44 (0) 333 577 0034 or visit jpsimmigration.com/assessment for a free initial assessment.
