Thank you to Natalie Payne, Associate with Adroit panel firm Ward Hadaway LLP, who has contributed this article looking at common immigration law queries, the government’s proposed changes to Indefinite Leave to Remain, and the effect this may have on individuals or families.
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What is Further Leave to Remain (“FLR”)?
Further Leave to Remain is a form of temporary immigration permission that allows an individual to extend their stay in the UK beyond the period originally granted on their visa.
FLR enables applicants to continue living in the UK for a limited period, during which they must continue to meet the requirements of their specific immigration route. The length of further leave varies depending on the category applied under. For example, family routes, work routes, or human rights‑based applications (each of which has its own extension period and conditions).
What is Indefinite Leave to Remain (“ILR”)?
Indefinite Leave to Remain, also known as “settlement”, is an immigration status that allows an individual to live in the UK permanently, without immigration restrictions on their stay. Once granted ILR, a person is free from immigration control and can work, study, and travel in and out of the UK without needing further visas.
Having ILR status also enables individuals to sponsor their dependent partner and children in the UK.
When can you apply for ILR?
There are several qualifying timelines for ILR depending on the immigration route:
- 5‑Year Residence Requirement: For most routes under the Immigration Rules, including family routes and Points-Based System categories such as the Skilled Worker route, the standard qualifying period is 5 years of continuous lawful residence in the UK.
- 10‑Year Long Residence Route: Individuals who have completed 10 years of continuous, lawful residence in the UK may qualify for ILR even if their previous visas did not lead directly to settlement (for example, Student visas or other temporary routes).
- Accelerated ILR Routes (3 Years): Certain categories provide a shorter qualifying period, allowing settlement after three years, including Global Talent migrants endorsed for “exceptional talent” or meeting prescribed criteria, and Innovator applicants who meet business success requirements.
What are the requirements for an ILR application?
There are route-specific requirements for ILR but generally, the following apply to the majority of ILR applications:
- Residence requirement: Certain categories benefit from exceptions. For example, applicants applying following the death of a partner are not required to meet the standard residence period.
- English language requirement: Applicants must demonstrate English language ability at level B1 of the Common European Framework of Reference (this will increase to B2 from March 2027). The requirement is waived for applicants who are:
- Aged under 18, or are aged 65 or over
- Nationals of a majority English‑speaking country
- Holders of a UK degree, or a degree taught in English which is equivalent to a UK degree
- Life in the UK test, unless exempt due to age or medical conditions.
- Absence requirement: For most qualifying routes, absences must not exceed 180 days in any 12‑month period during the qualifying residence.
- Suitability requirement and good character requirement: Applicants must meet the suitability criteria, and may not be considered to be of good character due to criminality, breaches of immigration law, deception, or other public interest grounds.
How do I apply for ILR?
The ILR application process is completed online using the appropriate form applicable to your route and involves three key stages:
- Submitting an online application form.
- Providing biometrics: After submitting the application, applicants must attend a biometrics appointment centre (unless eligible for the ID Check app) to provide fingerprints and a digital photograph. Appointment availability and fees may vary depending on location and service level.
- Submitting supporting evidence: Applicants must upload or provide all required documents to demonstrate they meet the relevant ILR requirements, including residence history, English language evidence and any route‑specific documents.
The current standard processing time for an ILR application is up to 6 months. However, applicants may be able to pay to upgrade to a priority service to obtain a faster result.
Whilst awaiting a decision, the applicant cannot leave the UK. If they do leave the UK, their application for ILR could be withdrawn.
How do I become a British citizen?
If your ILR application is approved, you may be eligible to apply for British citizenship (naturalisation). Most applicants must wait 12 months after being granted ILR or settled status before they can apply for British citizenship.
If you are married to or in a civil partnership with a British citizen, you do not need to wait 12 months. You may apply for naturalisation immediately after receiving ILR, provided you meet all other requirements.
Things to look out for
When preparing an ILR application, there are several important factors that applicants should be aware of to avoid delays or refusal. Switching to a different visa category can reset the ILR clock and not all immigration routes can be combined toward the qualifying residence period.
ILR can lapse if you spend an extended period outside the UK. Under current Home Office rules, ILR holders lose their status if they remain outside the UK for more than two consecutive years.
If you have been absent for more than two years and wish to return to the UK, you will normally need to apply for a Returning Resident visa before travelling.
Potential changes to ILR & proposed “Earned Settlement” status
The Government has proposed an “Earned Settlement” model where settlement in the UK must be earned through “Character, Integration, Contribution to the UK, and Compliance with Immigration Rules and Conditions”. These changes include:
- The standard baseline qualifying period for most immigration routes will increase from 5 years to 10 years.
- English language proficiency will be raised to B2 level.
- Evidence of economic contribution (e.g., annual earnings above £12,570 for 3 to 5 years – subject to consultation)
Dependents of British citizens and BNO holders will remain on the existing 5-year route.
Could the qualifying period be shortened?
It is proposed that there could be the potential to reduce the qualifying period in the following circumstances:
- High Earners:
- Those earning £50,270 per year for 3 years could shorten the qualifying period by 5 years (allowing settlement in 5 years instead of 10).
- Those earning £125,140 per year for 3 years could shorten it by 7 years (allowing settlement in 3 years).
- Public Service Employment: Working in specified public service roles such as the NHS or teaching could reduce the qualifying period by 5 years. Care workers are not included.
- Advanced English (C1 Level) could reduce the qualifying period by 1 year.
- Volunteering or Exceptional Community Contribution could reduce the qualifying period by 3 to 5 years, depending on the level of contribution.
It is proposed that applicants will only be able to use one of these reductions and they cannot be combined.
Are there any factors that could lengthen the qualifying period?
- Lower‑skilled work routes, including many Health and Care visa holders such as care workers. The qualifying period could be increased by 5 years, extending the settlement requirement to 15 years.
- Use of public funds:
- Claiming public funds for up to 12 months could increase qualifying period by 5 years, resulting in a 15-year settlement requirement.
- Claiming public funds for more than 12 months could increase the qualifying period by 10 years, giving an effective 20-year requirement.
- Illegal entry or overstaying: Individuals who have entered the UK illegally or overstayed could see an extension of up to 20 years, resulting in a 30‑year qualifying period for settlement.
How do the proposed changes impact individuals & families?
The proposed changes could significantly impact individuals and families by creating inequality between high‑earning or highly skilled migrants and lower‑skilled workers, particularly care workers, who could face extended waiting periods of up to 15 years.
The expectation is that changes will come into effect as early as April 2026.
As such, individuals who are eligible for ILR should consider making applications now so as to benefit from the current rules.
We have extensive experience with assisting with ILR applications. Our ILR assistance service includes:
- Eligibility assessment – confirm your route and timeline.
- Document review and preparation – avoid costly mistakes.
- Application drafting and submission – ensure accuracy and compliance.
- Priority service booking – for urgent cases.
- Appeals and reapplications – if refused.
To get started with your ILR application, please contact get in touch with Adroit through your benefits platform and request a referral to a specialist immigration solicitor.
This article is not intended to constitute legal advice and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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