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Settlement and
private life.

Indefinite leave to remain on the five and ten-year routes, long residence, and the private life provisions. Getting the route right matters — applying on the wrong one wastes years.

Settlement and Private Life
Settlement

Indefinite leave to remain,
and the routes that reach it

Indefinite leave to remain — settlement — is permission to live in the UK without a time limit and without immigration conditions. No more extensions, no more fees, no more expiry dates. For most people it is also the step before British citizenship.

There is more than one way to reach it, and the routes take different lengths of time. Which one you are on is decided by what you were granted, not by what you would prefer — and people regularly discover years too late that they were not on the route they thought.

We advise on all of them, for a fixed fee agreed in writing before we start. Our legal fee for an ILR application is £800; the Home Office fee is separate and considerably larger.

Routes to settlement

Which route applies to you

Three routes with very different timescales. If you are not sure which you are on, that is the first thing worth establishing.

What indefinite leave to remain gives you

It is worth being clear about what changes, because settlement is genuinely a different status rather than a longer visa.

You can live, work and study in the UK without restriction and without a time limit. There is no expiry date and no further application to make. Conditions such as no recourse to public funds fall away, so you can access benefits and housing assistance on the same basis as other residents. You can sponsor family members more easily. And after twelve months you can normally apply to naturalise as a British citizen — sooner if you are the spouse of a British citizen.

Two things to know. Settlement can be lost through absence: if you spend more than two continuous years outside the UK, ILR generally lapses. And it can be revoked in limited circumstances, principally where it was obtained by deception or where someone is liable to deportation.

The requirements every route shares

Whichever route you are on, settlement requires the same four things at the end of it.

  • Continuous residence The right length of time on a qualifying route, without breaking continuity. How absences are counted differs by route and is where applications most often fail.
  • English at B1 CEFR Speaking and listening, from a Home Office approved provider — higher than the A1 and A2 required earlier on the family routes. Exemptions apply for some nationalities, degree holders and on age or medical grounds.
  • The Life in the UK Test Passed before you apply. Book it early; slots and retakes both take time, and a pass has no expiry so there is no advantage in leaving it late.
  • Suitability and good character Criminal convictions, immigration breaches and deception all matter. Declare everything — an undeclared caution found later is far more damaging than a declared one.

The mistake that costs people years

If you take one thing from this page, take this.

Being in the UK lawfully for ten years does not automatically mean you qualify for settlement after ten years, and being on "the ten-year route" does not mean the same thing to everyone using the phrase.

Someone granted leave on the ten-year family and private life route is on a route where settlement comes after ten years on that route. Time spent here lawfully before joining it — on a student visa, say, or a work visa — does not count towards it. People who assume otherwise apply years early, pay the fee, and are refused.

Someone with ten years of continuous lawful residence may qualify under long residence, which is an entirely separate provision now governed by Appendix Long Residence. That has its own rules on what counts, and since 11 April 2024 time spent on immigration bail or as a visitor does not.

And there is a route that runs the other way. Where someone's circumstances improve — most often where a financial requirement can now be met — it may be possible to switch from a ten-year route to a five-year route, cutting years off the wait. Almost nobody is told this, because nobody reviews it. We look at it at every extension.

Absences: the requirement people trip over

Continuous residence is not the same as having held a visa for the whole period.

On most work routes, absences of more than 180 days in any rolling twelve-month period break continuity. That is a rolling window, not a calendar year, and people who count by calendar year get caught out.

On partner routes, the test is different: absences must be consistent with an intention to live together permanently in the UK, which is assessed on the facts rather than against a fixed number of days.

Under long residence, both individual and total absence limits apply, and time in certain categories does not count at all.

The practical advice is the same for all of them: keep a record of every trip as you go — dates out, dates in, and the reason for anything long. Reconstructing five or ten years of travel from old passport stamps at the point of application is miserable, and gaps in that reconstruction cause refusals.

Establish which route you are on before you apply

This is the one area where a free conversation reliably saves money. An ILR application made on the wrong route, or a year early, is refused and the Home Office fee is not refunded. Tell us what you were granted and when, and we will tell you which route you are actually on, when you become eligible, and whether there is a faster route you could switch to.

Check which route you are on
Common Questions

Settlement FAQ

How long until I can apply for ILR?
It depends on the route. Five years on partner, Skilled Worker and other qualifying routes. Ten years on the family and private life route, counted from when you joined that route rather than from when you arrived. Ten years of continuous lawful residence may qualify separately under long residence. If you are unsure which applies, establish that before applying — the fee is not refunded on a refusal.
What English level do I need for settlement?
B1 CEFR in speaking and listening from a Home Office approved provider, together with the Life in the UK Test. That is higher than the A1 and A2 required earlier on the family routes. Exemptions apply for nationals of certain countries, holders of degrees taught in English, and on age or medical grounds.
Can absences from the UK affect my application?
Yes, and this is where applications most often fail. Most work routes break continuity if you are outside the UK for more than 180 days in any rolling twelve-month period. Partner routes assess absences against your intention to live together permanently. Long residence has its own limits. Keep a record of every trip as you go rather than reconstructing it from passport stamps later.
Can I move from the ten-year route to the five-year route?
Sometimes, and it is well worth asking. If your circumstances have changed so that you now meet the full requirements of Appendix FM — most commonly because the financial requirement can now be met — you may be able to switch, which can cut years off the time to settlement. Nobody will prompt you, so raise it at every extension.
Does time on a student visa count towards settlement?
Not towards the five or ten-year family routes — those count time on that route only. It may count towards ten years of continuous lawful residence under long residence, which is a separate provision with its own rules about which categories count. This distinction catches out a great many people, so it is worth checking rather than assuming.
Can I lose indefinite leave to remain?
Yes, in two main ways. It generally lapses if you spend more than two continuous years outside the UK. It can also be revoked where it was obtained by deception or where someone becomes liable to deportation. For most people the absence rule is the practical risk — if you are planning an extended period abroad, take advice before you go rather than after.

Related

Ready to settle, or not sure yet?

Tell us what you hold and when it was granted. We will tell you when you qualify — and whether a faster route is open to you.

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