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Settlement and Indefinite Leave to Remain

ImmigrationLast reviewed: 1 April 20258 min

Indefinite Leave to Remain (ILR) — also called settlement — gives you the right to live, work, and study in the UK for an indefinite period without immigration restrictions. ILR is a significant step on the pathway to British citizenship and provides much greater security than any time-limited visa. However, ILR can be lost if you spend extended periods outside the UK.

Important

Immigration rules are complex and change frequently. This is general information only and does not constitute immigration advice. For advice specific to your circumstances, consult a qualified immigration adviser regulated by the OISC or a solicitor.

Key points

  • ILR (Indefinite Leave to Remain) allows you to live and work in the UK without time restrictions.
  • Most work and family visa holders need 5 years of continuous qualifying leave before applying for ILR.
  • The Life in the UK test must be passed before applying for ILR (with some exceptions).
  • ILR is lost if you spend 2 or more consecutive years outside the UK (in most cases).
  • EU, EEA, and Swiss nationals who were resident in the UK before 31 December 2020 should have applied for the EU Settlement Scheme.
  • After ILR, you can apply for British citizenship after one further year of residence (if eligible).

Qualifying Period and Continuous Residence

The standard qualifying period for ILR is 5 years of continuous lawful residence in the UK on an eligible visa route. The most common routes that count toward ILR include:

  • Skilled Worker visa (and its predecessor, Tier 2)
  • Spouse, civil partner, or unmarried partner visa
  • UK Ancestry visa
  • Innovator Founder visa (after 3 years)
  • Long Residence route (10 years of continuous lawful residence)

Continuous residence means you must not have spent more than 180 days outside the UK in any single 12-month period during the qualifying period. Absences for holidays, business trips, and family visits are permissible as long as they do not exceed this limit in any rolling 12-month window. Exceeding this limit resets your qualifying clock or may lead to refusal.

Count your absences carefully before applying. UKVI has access to border control records and will check your travel history against your application.

The Life in the UK Test

Most ILR applicants must pass the Life in the UK test before applying. The test is a computer-based multiple-choice exam covering topics such as British history, values, traditions, and government. Key points:

  • The test is taken at an approved test centre and costs £50
  • You need to score at least 75% (18 out of 24 questions) to pass
  • There is no limit on the number of times you can take the test, but you must wait 7 days between attempts
  • A pass certificate is valid for life — you do not need to retake it if you subsequently apply for citizenship
  • Exemptions apply for applicants aged 65 or over, and those with certain long-term physical or mental conditions that prevent studying for the test

Study materials are available from the official Life in the UK test website. The official handbook — "Life in the United Kingdom: A Guide for New Residents" (third edition) — is the primary study resource. The test covers material from the handbook, so thorough reading is the best preparation.

The ILR Application Process

The ILR application is made online through the UKVI portal. Key aspects of the application include:

  • Fee — Currently £2,885 per person (increased significantly in recent years). There is no IHS charge for ILR applicants, as it confers indefinite leave.
  • Biometrics — You will need to enrol biometrics at a UKVI appointment, or use the UK Visas and Immigration (UKVI) app if eligible.
  • Documents — Typically include your passport, all previous passports used during the qualifying period, evidence of your current qualifying visa status, evidence of your qualifying employment or relationship (depending on route), Life in the UK test pass certificate, and English language evidence (if required for your route).
  • Processing time — Currently around 6 months for standard applications. A Priority Service (additional £500) reduces this to 5 working days. A Super Priority Service (additional £800) gives a same-day or next-working-day decision.

After Settlement: Rights and Risks

ILR gives you the right to live and work in the UK without any immigration restrictions. You are treated the same as a British citizen for most purposes, including access to the NHS, the right to vote in local elections, and access to most benefits (subject to habitual residence tests).

However, ILR can be lost in the following circumstances:

  • You spend 2 or more consecutive years outside the UK — your ILR lapses automatically
  • You are deported from the UK due to criminal convictions
  • Your ILR was obtained by deception (fraud)

If you need to travel outside the UK for more than 2 years, you can apply for a Returning Resident visa before leaving, which may allow you to return without losing your ILR — though the decision is discretionary. Those who have lived outside the UK for more than two years and have lost their ILR can also apply as a Returning Resident if they have strong ties to the UK.

Frequently asked questions

Does time spent on the EU Settlement Scheme count toward citizenship?
Yes. EU, EEA, and Swiss nationals with settled status (rather than pre-settled status) under the EU Settlement Scheme already have ILR-equivalent status and can apply for British citizenship after one year of holding settled status, provided they meet all other naturalisation requirements. Pre-settled status is not settlement and does not count.
Can my ILR be cancelled if I commit a crime?
Yes. ILR can be revoked and you can be deported if you are convicted of a criminal offence that attracts a custodial sentence, depending on the length of sentence and seriousness of the offence. UKVI's deportation policies set out the thresholds. Serious criminal convictions can result in ILR being revoked even after many years of lawful residence.
I have held ILR for 3 years — can I apply for citizenship?
No. To naturalise as a British citizen you generally need to have held ILR for at least 1 year (if you are not married to a British citizen) or to have been in the UK for 3 years if you are applying via the spouse of a British citizen route. For naturalisation you must also have been continuously resident in the UK for at least 5 years, including the final 12 months as ILR or settled status, with absences not exceeding 450 days in total and not more than 90 days in the final year.
What are the continuous residence requirements for ILR?
To qualify for ILR on most routes you must have spent at least 5 years in the UK on the relevant qualifying visa without breaking your continuous residence. Continuous residence is broken if you spend more than 180 days outside the UK in any 12-month period (for Skilled Worker and most other work routes). Days outside the UK are counted from the date you left to the date you returned. Some absences due to compelling reasons (such as serious illness or COVID-19 restrictions) may be excused with evidence.
Can ILR be revoked?
Yes. ILR is lost automatically if you spend 2 or more consecutive years outside the UK, as it is treated as abandoned. It can also be revoked by the Home Office on public interest grounds — for example, following a serious criminal conviction, deception in a previous application, or involvement in terrorism or national security concerns. If ILR is revoked you would need to apply for fresh leave to remain or, if liable to deportation, face removal proceedings.

What to do next

  1. 1
    Apply for ILR on GOV.UK

    Full guidance and application for Indefinite Leave to Remain.

  2. 2
    Book the Life in the UK test

    Book the Life in the UK test and access official study materials.

  3. 3
    Read about British citizenship

    The next step after ILR — applying for naturalisation.

Official bodies and resources

Home Office

Government

The lead government department for immigration and passports, drugs policy, crime, fire, counter-terrorism, and police.

UK Visas and Immigration

Government

Responsible for making millions of decisions every year about who has the right to visit or stay in the UK.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.