Most UK visas provide a pathway to settlement in the UK. Some UK visas permit extensions, but do not lead to settlement, for example, a UK Expansion Worker visa or a UK Student visa. A person on any such visa is required to switch to another UK visa, for example, a UK Skilled Worker visa, that leads to settlement to be able to settle in the UK. 

There are different ways to apply for a settlement based on your circumstances.

If you or your family member is an EU, EEA, or Swiss citizen, you may be able to apply for EUSS - Settled status instead.

What is ILR?

Indefinite Leave to Remain or ILR allows you permanent residence in the UK. In other words, with ILR, you can live, work, and study in the UK without time limits (in other words, "indefinitely") or immigration restrictions. Holding an ILR (usually for 12 months) also enables you to become a British citizen, subject to satisfying the relevant criteria.

Because ILR or settlement grants a person extensive rights and long-term security, the ILR application process is highly stringent. You may also ask: “When can I apply for ILR?” The answer is that you must complete a specified period of lawful and continuous residence in the UK, also known as the qualifying period, before you can apply.

ILR Rule Changes

In November 2025, the Home Office released a consultation paper that will run until 12 February 2026 on the proposed reform of the UK ILR rules, shifting from an ‘automatic’ to ‘earned’ settlement system. 

The most significant proposal in this consultation paper is to increase the qualifying period for ILR from 5 years to 10 years for most applicants. However, some people will be able to qualify earlier than 10 years under the “earned settlement” model. Under this model, there will be a shorter pathway to settlement than ten years for people who have made “Points-Based contributions to the UK economy and society.”

The 10 years long residence ILR will likely be removed and people who are completing 10 years in the UK should apply as soon as they are eligible if this will be before the time new “earned settlement” rules are brought in practice.  

Some visa categories may still follow a shorter route. People with innovator visa and partners of British citizens are expected to have access to faster settlement pathways. When this change will be introduced, what will be the requirements for earned settlement, and whether skilled workers already in the UK will be impacted, is not yet clear.

In the meantime, current ILR rules are still in place. If you are already eligible, or will soon be, you should apply before any of the proposed changes come into effect.

When can I apply for ILR in February 2026?

As of now, most UK visas allow a person to apply for ILR after 5 years of continuous residence in the UK. This combines residence in the UK with initial permission to enter and then permission to stay on extension.

Please note that applying for settlement on most visa routes is only allowed from within the UK.

Let us visa-wise time period when you must apply for your ILR.

1. UK Family Route

If you are applying as the spouse (husband/wife) or partner (including civil or unmarried partner) of a British citizen, or of someone who is living and settled in the UK, you may be eligible to make an application for ILR after completing 5 years of residence in the UK.

Bereaved partners can apply for ILR as soon as their UK-based partner dies, even if they have lived in the UK for less than 5 years when they apply.

Someone in the UK, as a partner, can apply for ILR as soon as their relationship ends with their UK-based partner due to domestic abuse caused by the applicant’s partner or their family members. 

You may be eligible for ILR if you have a UK family visa as a parent after 5 years or 10 years, depending on which route you are on. 

2. UK Skilled Worker Visa and Tier 2 (General)

Skilled Workers under the Skilled Worker route can apply for ILR after 5 years in the UK. You must submit your ILR application up to 28 days before the end of your qualifying period.

3. UK Health and Care Worker Visa

Health and Care workers in the UK can be eligible to apply for ILR after residing in the UK for a qualifying period of 5 years under this visa alone, or in combination with residence period on other permitted UK work visa categories.

You can apply for ILR under the Health and Care Worker route up to 28 days before completing 5 years of qualifying residence, provided you still meet the other requirements.

4. UK Global Talent Visa

If you are on a Global Talent visa, you can apply for settlement after either 3 or 5 years, depending on your professional field—such as digital technology, research or academia, or arts and culture—and the route under which you applied. An ILR can be submitted up to 28 days before the required continuous residence period is completed.

5. UK Innovator Founder Visa

Innovator Founders in the UK are eligible to apply for settlement after completing 3 years of continuous residence in the UK. An ILR application may be made no earlier than 28 days before meeting the eligibility criteria.

6. Commonwealth Citizens

Commonwealth nationals who hold a UK Ancestry visa may apply for ILR after 5 years of lawful residence in the UK.

7. If you have permission as a refugee, humanitarian protection, discretionary, or section 67 leave

Individuals granted refugee status, humanitarian protection, or section 67 leave may apply for ILR after 5 years of residence in the UK, where applicable.

For those with discretionary leave, eligibility depends on when the leave was first granted:

• After 6 years, if discretionary leave was initially issued on or before 8 July 2012

• After 10 years, if the discretionary leave was first issued after 8 July 2012

Applications should be submitted during the final month of your current permission to remain in the UK.

8. Scale-up Worker visa

Scale-up workers can apply for ILR in the UK after they have lived and worked in the country for 5 years.

9. A talent, investor, or business visa

If you have a Global Talent visa, T1 (Investor) visa, or a T1 (Entrepreneur) visa, you must have lived in the UK for 2 to 5 years.

The earliest you can apply is no more than 28 days prior to the day you have met the time requirements.

10. Representative of an overseas business visa

You may be able to apply for ILR on this route after you have been living and working in the UK for 5 years. 

11. Turkish Worker or Businessperson

You can apply for ILR after you have been living and working in the UK for the last 5 years without receiving any public funds.

12. Domestic Worker in a Private Household

You may apply after 5 years if you were granted a visa under the pre-6 April 2012 rules. 

13. PBS (Point-based System) Dependent visa

Apply after 5 years, where the main visa route leads to settlement, and other eligibility requirements are met.

14. If you are a returning resident

If your ILR has lapsed due to absence from the UK beyond the permitted time period, you may have your ILR status resumed only by entry clearance as a Returning Resident under the current Rules.

15. If you are applying on the basis of long residence

You can apply after you have been living in the UK for at least 10 years and your time starts from the time you entered the UK. 

16. If you are applying for ILR on the basis of Private Life

If you are a child or young adult, were born in the UK and have lived in the country for 7 continuous years since your birth, you can apply immediately for ILR based on your private life.

Otherwise, you can apply on the basis of your private life if you arrived in the UK as a child and you have lived here for 5 continuous years on a relevant UK visa.

17. Adults on the Private Life route

You can apply for settlement as an adult on the private life route if you are over 18 and have lived in the UK for 10 years continuously with a relevant UK visa.

18. Stateless persons

As a stateless person, you can stay in the UK for 5 years with permission to stay (also known as ‘leave to remain’). At the end of your permission to stay, you can apply either to extend it or for settlement. 

Here is the summarised data of immigration routes and time in the UK before settlement. This should answer the question “When can I apply for ILR?” well.

Need assistance?

To protect your lawful immigration status and continue living in the UK without restrictions, it is important to apply for ILR at the right time. With ILR requirements frequently changing, many applicants ask, “When can I apply for ILR?” If you already meet the criteria, it is highly advisable to submit your application before any new qualifying period and other ILR rules that are under consultation come into force.

Because ILR applications involve strict and evolving requirements—such as residence, skill level, English language ability, and other eligibility criteria—we offer expert guidance to support you throughout the process. Our professional advice is especially valuable for complex cases, helping you apply with confidence and clarity.

For expert guidance, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com.