The primary requirement for ILR (Indefinite Leave to Remain) in the UK as of today is to complete 5 years of continuous residence. Importantly, this qualifying period of 5 years of continuous residence (as set out in the Appendix Continuous Residence) applies to everyone applying for ILR except the family route under Appendix FM of the Immigration Rules. 

However, the qualifying period for ILR (also known as “settlement”) may soon increase to 10 years as part of the proposed Earned Settlement reforms, please refer to updates from ww.gov.uk or check with our immigration lawyers. 

If you do not qualify under the 5-year family route because you cannot meet certain requirements such as the financial requirement and/or the English language ability requirement, you may be able to apply for ILR on the 10-year family route. Meeting the financial requirement is not required on the 10-year family settlement route, but English language proficiency is still required unless you qualify for an exemption.

A bereaved partner may be able to apply for ILR at any time after the death of their UK partner. Similarly, a person on a qualifying partner/family visa whose relationship has permanently broken down because of domestic abuse can apply for ILR as soon as possible after the relationship breaks down. In both these cases, applicants are not required to wait until their current visa expires.  

Once you obtain ILR or settlement status in the UK, you can live, work, or study in the country indefinitely without immigration restrictions.

Time on different family visas towards the 5-year family route to ILR

If you apply to settle on the 5-year route as a spouse/civil partner you can combine one period of leave to enter as a spouse/civil partner (only periods of time with the same spouse/civil partner or unmarried partner count), any periods of leave to remain as a spouse/ partner (only periods of time with the same spouse/ partner count), or a combination of the two. You cannot include any period of leave as a fiancé (e) or proposed civil partner. 

You can also include time spent overseas, if your UK partner is a Crown Servant posted overseas, and you are accompanying them.

If you apply to settle on the 5-year route as a parent, you can include one period of leave to enter the UK as a parent, any periods of leave to remain in the UK as a parent, or a combination of the two.

Time on different family visas towards the 10-year family route to ILR

The 10-year family route is mainly for people who have permission as a partner or parent or under exceptional circumstances under Appendix FM and who do not qualify for the 5-year family settlement route.

You normally need 10 continuous years of qualifying residence. Importantly, the rules allow certain periods to be combined. For example, you can combine qualifying time as:

• a spouse/civil partner 

• a parent 

• a child of a person on the family route 

• a person on the private-life route 

• certain permission granted outside the Rules on Article 8/family-life grounds part of the 10-year period. 

There is also an important provision allowing time spent on other routes that lead to settlement, such as a Skilled Worker visa, subject to conditions. Importantly, if you are applying for ILR as a partner or parent, you must have had permission as that partner or parent under Appendix FM for at least one year before applying.

For example, you could potentially have:

• 3 years in the UK as a Skilled Worker

• 4 years as a spouse/civil partner on the family route 

• 3 years as a parent on the family route 

So, you have spent a cumulative 10 years in the UK. Even though it does not automatically guarantee ILR, the combination can potentially satisfy the qualifying period requirement if you meet the relevant rules. You may also be able to make an application under the Long residence ILR provisions in certain cases. 

Combining time on a family route towards the Private Life ILR

Although Private Life is not a family route, the Private Life settlement rules specifically allow certain permissions on family routes to count towards the Private Life qualifying period.

Private Life ILR means you can settle in the UK after 5 years if, on the date of your ILR application, you are:

• Aged under 18 and have spent time in the UK continuously for 7 or more years in a row; or

• Aged 18 or over and under 25 (known as “young adult”) and have lived half your life in the UK

On the other hand, you can settle in the UK after 10 years if, on the date of your ILR application, you are:

• Aged 18 or over (including if you are a young adult), have lived less than 20 years in the UK and would face very significant obstacles to your integration in the country you would have to go to; or

• born in the UK to someone with permission to stay in the UK based on their private life, or is applying for it

You can count the following routes (or any combination of those routes) towards the qualifying 5-year period for settlement on the Private Life route provided you satisfy the relevant Private Life settlement requirements:

• Entry clearance or permission as a partner in the UK under the Immigration Rules - Appendix FM, except as a fiancé, fiancée or proposed civil partner. 

• Entry clearance or permission as a parent in the UK under the Immigration Rules - Appendix FM. 

• Permission described in the Home Office grant letter as “family permission as a partner” or “family permission as a parent”. 

• Permission granted to you under the Private Life route before 20 June 2022 or Immigration Rules – Appendix Private Life. 

• Entry clearance or permission in the UK as a child of a person who has limited leave as a partner or parent under the Immigration Rules - Appendix FM. 

• Permission granted to you outside the rules (It is sometimes called LOTR (Leave Outside the Immigration Rules)) as a partner, a parent or child, or because of private life in the UK based on the ECHR - Article 8.

You can also combine Private Life route with permission on any other route that leads to settlement (such as a Skilled Worker visa) to count towards the qualifying period for ILR, if you:

(a) did not enter the UK illegally (unless you hold permission to stay in the UK based on the private life route as a child or young adult); and

(b) have held permission either under the Private Life route before 20 June 2022 or Immigration Rules – Appendix Private Life for at least one year on the date of application.

How do we work?

When you make an initial contact with us regarding your ILR application, we assess your case in detail and provide you with a quote. Once we receive your approval, we start preparing your ILR application. We check whether you meet the eligibility criteria in full, the time you have spent in the UK, whether on a single visa or multiple visas, and whether you have the necessary documents; if not, we help you collect them.

We apply on your behalf and follow up with the Home Office for communications until a decision is given on your ILR application.

For quick consultation and expert advice relating to ILR application, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com