ILR 5-Year Route: Eligibility, Application & Earned Settlement Changes

Indefinite Leave to Remain (ILR) is UK permanent settlement — the right to live, work, and study in the UK without any immigration time limit. It is the essential final step before eligibility for British citizenship (which requires one year of ILR for most applicants). ILR removes all immigration conditions on your permission to be in the UK.

The 5-year route to ILR is the most commonly used settlement pathway. It is available to applicants who have spent five continuous years lawfully in the UK on certain qualifying visa categories. Applications can be submitted up to 28 days before the five-year qualifying period is completed.

IMPORTANT: The 5-Year ILR Route May Close as Early as Autumn 2026

On 1 March 2026, Home Secretary Shabana Mahmood confirmed in Parliament that the 5-year ILR route will be replaced by a 10-year earned settlement baseline for most routes, and that it will apply retrospectively to people already in the UK. The 5-year route is still fully in force today — but if you are approaching your five-year qualifying date, applying now under current rules is the safest course of action.

Core Requirements for ILR (All Routes)

Regardless of the qualifying visa category, all ILR applications under the 5-year route require:

• Five continuous years of lawful residence on the qualifying visa, starting from the date the first qualifying visa was issued.
• Absence limit: no more than 180 days outside the UK in any rolling 12-month period during the qualifying 5 years. This is assessed on each 12-month window separately, not averaged across the full 5 years.
• Valid leave to remain on the qualifying route at the time of application.
• Life in the UK Test: must be passed before submitting the ILR application. Valid indefinitely once passed.
• English language: currently CEFR Level B1 or above, demonstrable by passing an approved Secure English Language Test, holding a qualifying English-taught degree, or national exemption. Note: the earned settlement proposals include raising this to B2.
• Good character: no significant criminal history, no deception or fraud in any immigration application, no breach of immigration conditions, tax compliance.
• Salary requirement (Skilled Worker only): must be earning at or above the applicable salary threshold on the ILR application date.

Application Process and Timing

ILR applications are submitted online through the GOV.UK immigration portal. After online submission, applicants book a biometrics appointment at a UKVCAS service point. Processing takes approximately 6 months under the standard service, though priority and super-priority services are available at additional cost.

Key practical rules:

• Apply no earlier than 28 days before your five-year qualifying date. Applying before this window will result in refusal.
• Do not travel outside the Common Travel Area (UK, Ireland, Channel Islands, Isle of Man) after submitting your ILR application. Leaving the CTA after submission is treated as a withdrawal of the application.
• Family members (spouse, children) can apply for ILR at the same time as the main applicant, provided they individually meet the relevant requirements. Each family member pays a separate application fee.

Application fees apply per person. Priority service (5 working days) costs an additional £500. Super-priority service (next working day) costs an additional £1,000. The ILR fee is not refundable if the application is refused. Unlike visa extensions, ILR applications do not require payment of the Immigration Health Surcharge.

In November 2025, the UK government published its Fairer Pathway to Settlement consultation, proposing to replace the standard 5-year ILR route with a 10-year earned settlement baseline for most categories. On 1 March 2026, the Home Secretary confirmed in Parliament that these changes will be implemented in Autumn 2026 and that they will apply retrospectively to people already in the UK.

The 5-year route is still fully in force as of April 2026 — earned settlement is not yet law. The following categories have been confirmed as protected or expected to retain shorter pathways:

• Partners and spouses of British citizens (Appendix FM) — confirmed 5 years retained.
• Hong Kong BNO visa holders — confirmed 5 years retained (confirmed by Home Secretary November 2025).
• Global Talent Visa and Innovator Founder Visa holders — 3-year pathway confirmed retained.
• High earners: those earning £50,270 or above for at least 3 years may qualify for a 5-year route; those earning £125,140 or above may qualify for a 3-year route.

For Skilled Workers and most other work categories, the expected baseline under earned settlement is 10 years. If you are approaching your 5-year qualifying date — or will reach it before Autumn 2026 — applying now under current rules is the advisable course of action.