Indefinite Leave to Remain Applications

Indefinite Leave to Remain Applications – How to Secure Permanent Residence in the UK

Indefinite Leave to Remain (ILR) is one of the most significant stages in a person’s UK immigration journey. It provides stability, the freedom to live and work without restrictions, and a clear route towards British citizenship. However, ILR applications can be technical, evidence-heavy and unforgiving if mistakes are made.

At The Jonathan Lea Network, we help you navigate the ILR process with clarity and confidence. Whether you are applying after five years of lawful residence, using the 10-year long residence route, or preparing through a family, work or protection category, we ensure your application is accurate, complete and strategically prepared.

IMPORTANT: Potential ILR rule changes (2025 proposals)

In October 2025, the UK government launched a consultation proposing to extend the qualifying period for ILR from five years to ten years for most immigration routes. These changes have not yet come into force as of November 2025, but could apply retrospectively to those already living in the UK.

Some categories are expected to remain exempt (see below), but applicants should always check the latest rules before preparing an ILR application.

What Is Indefinite Leave to Remain?

Indefinite Leave to Remain gives you the right to:

• Live in the UK permanently
  
• Work without sponsorship
  
• Study without restriction
  
• Travel freely in and out of the UK
  
• Apply for certain benefits (subject to eligibility)
  
• Apply for British citizenship once your residence and good character requirements are met
  

For many individuals and families, ILR represents long-term security, stability and independence from future immigration applications.

Who Can Apply for ILR? (Routes and Eligibility Categories)

You may qualify for ILR if you have completed the relevant qualifying period under one of these recognised immigration routes:

• Skilled Worker / Tier 2 (General)
  
• Spouse, civil partner or unmarried partner visas under Appendix FM
  
• EU Settlement Scheme – settled status
  
• Ancestry visas
  
• Global Talent visas
  
• Innovator Founder visas
  
• Private life (various categories)
  
• Discretionary leave to remain (case specific)
  
• Long residence (10 years of continuous lawful residence)
  
• Refugee status or humanitarian protection (after 5 years)
  
• Returning residents
  
• Some Global Mobility categories (subject to route rules)
  

New and emerging categories

Additional pathways such as private life, discretionary leave and returning resident routes may have different qualifying periods, and the correct timeline depends on the specific rules for each category.

IMPORTANT: Proposed ILR Rule Reform (October 2025 Consultation)

The government’s 2025 proposals suggest:

• Increasing the qualifying period for ILR to ten years for most applicants
  
• Potential retrospective application for people already in the UK
  
• Route-specific exemptions
  

Current Exemptions (still under review)

Under the proposal, the following groups are expected to remain eligible after five years:

• Partners of British citizens
  
• Survivors of domestic abuse under Appendix FM
• EU Settlement Scheme applicants applying for settled status
  
• Refugees and those with humanitarian protection
  

These exemptions are not final and remain subject to further parliamentary and policy review.

As of November 2025

The five-year requirement continues to apply to most routes, but applicants should check for updates before submitting their application.

Key Eligibility Requirements for ILR

Regardless of route, most ILR applicants must meet:

1. The qualifying residence period
2. Continuous residence and permissible absences
3. English language requirement (B1 level)
4. Life in the UK Test
5. Good character and suitability requirements
6. Financial or salary requirements (for certain work and partner routes)
   

We assess all requirements during your initial consultation to confirm eligibility and timing.

1. Qualifying Residence Period

Your qualifying period depends on your visa category:

• 5 years for most work, family and business routes
  
• 10 years under the long residence route
  
• 3 years for certain Innovator Founder applicants
  
• 2–3 years for accelerated Global Talent options
  

We confirm your earliest eligible application date and ensure you do not submit too early or too late.

2. Continuous Residence and Absences

Absence rules vary by route.

Work Routes (Skilled Worker / Tier 2)

You must not exceed:

• 180 days of absence in any rolling 12-month period
  

Exceptions exist for compelling reasons (illness, natural disaster, etc.) but must be evidenced.

Family Routes (Appendix FM)

Absences are more flexible, but long absences may affect future citizenship eligibility.

Long Residence Route (10 years)

Absences must not exceed:

• 548 days total across 10 years, and
  
• 180 days for any single absence
  

2025 Update – Absence Policy Developments

In early 2025, the Home Office issued updated guidance clarifying and, in some areas, tightening authorised absence rules.
If you have had:

• long work-related trips
  
• extended stays abroad
  
• periods outside the UK exceeding standard thresholds
  

you should seek advice before applying.

3. Financial Requirements

Some ILR routes require financial or salary criteria to be met, including:

Skilled Worker ILR

• Must earn at or above the required salary threshold
  
• Employer must confirm ongoing employment
  
• SOC code salary rules must continue to be met
  

Partner Route ILR

Financial requirements remain relevant, but rules are more flexible than initial entry clearance.

4. English Language Requirement (B1 Level)

Most ILR applicants must meet CEFR B1 English level, demonstrated by:

• Secure English Language Test (SELT)
  
• Degree taught in English
  
• Nationality from a majority English-speaking country
  

Exemptions

You are exempt if:

• Aged 65 or over
  
• You have a physical or mental condition preventing compliance
  

5. Life in the UK Test

The Life in the UK Test is required for most ILR categories (except EUSS settled status). Applicants must prepare carefully to avoid delays.

We advise on:

• Booking test centres
  
• Acceptable ID
  
• What to expect on the day
  

6. Good Character and Suitability Requirements

Applicants must meet strict suitability criteria. ILR may be refused if:

• You have unspent or serious criminal convictions
  
• There is evidence of deception or false documentation
  
• You have significant NHS debt
  
• You failed to comply with immigration conditions
  
• Your presence is considered non-conducive to the public good

We help assess your history and prepare any necessary mitigation.

ILR Evidence Requirements – What You Need to Provide

Below is a structured overview of typical evidence for ILR:

Identity Documents

• Valid passport(s)
  
• Biometric Residence Permit (BRP), if held
  

Proof of Continuous Residence

• Utility bills
  
• Tenancy agreements
  
• Council tax bills
  
• Bank statements
  
• Employment records
  
• HMRC documentation
  
• NHS appointment letters
  

Work Route Evidence

• Payslips
  
• Bank statements
  
• Employer letter confirming ongoing employment
  
• Certificate of Sponsorship (if required)
  

Partner Route Evidence

• Marriage/civil partnership certificates
  
• Joint financial documents
  
• Evidence of cohabitation
  

Criminal Record Evidence

• Court records
  
• Police certificates (if applicable)

We prepare route-specific checklists and review all evidence for compliance before submission.

The ILR Application Process – Step by Step

1. Eligibility Assessment: We confirm your qualifying period, continuous residence, absences, financial position, and suitability.
2. Evidence Preparation: We identify gaps and help gather and structure evidence clearly.
3. Application Drafting: We prepare or review your ILR form, ensuring accuracy and consistency across all sections.
4. Uploading Documents: We organise your evidence into a clear, indexed bundle.
5. Biometric Appointment: You must complete a UKVCAS appointment.
6. Decision: Standard service: up to 6 months / Priority service: within 5 working days (availability varies)
   

If refused, we advise on administrative review or re-application.

Common ILR Mistakes – And How We Resolve Them

• Incorrect absence calculations: We calculate absences accurately using your full travel history.
• Insufficient residence evidence: We identify alternative documents and draft supporting statements.
• Financial discrepancies: We cross-check employer letters, payslips and SOC code rules.
• Suitability problems: We prepare explanations or mitigation evidence where appropriate.
• Confusion over long residence rules: We verify whether your timeline qualifies and advise on potential gaps.

After ILR – What You Need to Know

Rights With ILR

You may:

• Work freely
  
• Study without restriction
  
• Start a business
  
• Access certain benefits
  
• Sponsor certain family members
  

Risk of Losing ILR

ILR can be lost if:

• You leave the UK for more than two years, or
  
• You commit a serious criminal offence

British Citizenship After ILR

Most applicants can apply for citizenship after 12 months of ILR, unless married to a British citizen (in which case you can apply immediately).

We advise on good character, residence rules and dual nationality issues.

Why Choose The Jonathan Lea Network for ILR?

• We give you clarity in a changing rules environment: With proposed ILR reforms in consultation, we ensure you stay informed about current and upcoming requirements.
• Expert evidence preparation: We prepare well-organised, Home Office-compliant bundles that reduce delays.
• Experienced across all ILR categories: From work and partner ILR to long residence and protection routes.
• Transparent, competitive fees: We provide honest, upfront fee structures.
• Holistic legal support: We assist with citizenship, family applications, sponsorship, and related legal matters.

Speak to Our Immigration Team Today

Indefinite Leave to Remain is a major milestone, and the rules surrounding it are changing. Whether you are applying under a work route, family route, long residence or as an EU Settlement Scheme holder, we provide clear advice and thorough preparation to give your application the best chance of success.

Contact The Jonathan Lea Network today to discuss your ILR eligibility, timelines and next steps.

We offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.