Indefinite Leave to Remain (Permanent Residency) for Australians: Apply with Immigration Lawyers
Are you an Australian looking to settle permanently in the UK? You can apply for indefinite leave to remain (ILR), which allows you to live, work and study in the UK for an indefinite period as the name suggests. You can also eventually apply to naturalize as a British citizen.
Our immigration solicitors can assess your ILR eligibility, identify any issues that could affect your application, and handle the preparation and review of your case from start to finish. Call +44 (0) 333 305 9375 today or use our online contact form for specialist ILR advice and application support.
What Is Indefinite Leave to Remain in the UK for Australians?
Indefinite Leave to Remain (ILR) is considered the final legal status of a migrant to the UK. It allows Australians permanent residence status in the UK with a clear pathway to British citizenship and no immigration restrictions. Indefinite Leave to Remain usually extends to immediate family members of a migrant where they have already been living legally with them in the UK.
Once an individual has been granted Indefinite Leave to Remain, they may live, study and work within the UK as well as access the NHS (National Health Service) free at point-of-entry and public funds such as benefits.
There will be no travel restrictions on ILR holders providing they are not leaving the country for long periods of time. After one year of being permitted Indefinite Leave to Remain, they may apply to become a British citizen.
For Australian citizens who wish to settle permanently in England, Scotland, Wales or Northern Ireland, ILR is usually their goal as it permits restriction-free life and almost always results in citizenship being granted.
As both the UK and Australia allow dual citizenship, an Australian with ILR status may become a British citizen by naturalization without revoking their existing nationality.
Page Contents
- What Is Indefinite Leave to Remain (ILR) in the UK for Australians?
- How Will the New Earned Settlement Rules Affect ILR for Australians?
- Different Routes for Australians to Indefinite Leave to Remain
- UK ILR Requirements and Eligibility for Australian Nationals
- Documents Australians May Need to Submit with ILR Application
- Indefinite Leave to Remain Application Fees
- ILR to British Citizenship by Naturalisation
- How Australians Can Apply for UK Indefinite Leave to Remain?
- How Can Total Law Help?
- Frequently Asked Questions
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How Will the New Earned Settlement Rules Affect ILR for Australians?
The UK government confirmed its Earned Settlement framework on 2 November 2026, introducing significant changes to how migrants will qualify for indefinite leave to remain (ILR).
Under the framework, the standard qualifying period will increase from five to ten years for most applicants. However, shorter settlement routes will remain available for those who meet specific earnings, employment or other contribution requirements.
The detailed Immigration Rules will begin to be introduced in December 2026, with implementation expected during 2027.
The new framework is not yet legally in effect. Australian citizens must continue to meet the current ILR requirements until the relevant rules change.
If You Apply Before the New Rules Take Effect
Under the current Immigration Rules, Australians on eligible routes, including the Skilled Worker visa and UK Ancestry visa, can qualify for ILR after five years of continuous residence.
Other routes have different qualifying periods. Certain Global Talent and Innovator Founder applicants may qualify after three years, while the existing long residence route requires ten years of qualifying lawful residence.
Applicants must also meet the requirements for their specific immigration route, including applicable continuous residence, Life in the UK Test, and suitability requirements. Australian citizens are exempt from meeting the English language requirement for obtaining ILR.
If You Apply After the New Rules Take Effect
Under the Earned Settlement framework, the qualifying period will depend on the applicant’s circumstances and contribution to the UK. The framework includes:
- Standard settlement route: Ten years for most eligible applicants
- Five-year fast-track route: Eligible applicants earning at least £50,271 annually, alongside qualifying public service workers
- Three-year fast-track route: Eligible applicants earning at least £125,141 annually or meeting the criteria for certain high-talent routes
- Eligible care workers: A five-year route for qualifying workers who meet the relevant conditions, including annual earnings of at least £25,000
- Family members of British citizens: Existing settlement pathways will be preserved, subject to the applicable requirements
For the standard ten-year route, the framework specifies minimum annual earnings of £12,571, with a combined income figure of £25,142 for couples where applicable.
Applicants will also need to meet mandatory requirements relating to criminal history, English language proficiency (Australian citizens are exempt though), the Life in the UK Test, government debt and sustained National Insurance contributions, subject to applicable exemptions.
The detailed Immigration Rules will clarify the eligibility conditions, transitional arrangements and how the framework applies to different immigration routes.
Will Australians Already Living in the UK Be Affected?
Australian citizens already living in the UK who have not yet obtained ILR may be affected by the Earned Settlement framework.
The UK government has confirmed that settlement requirements will continue to be assessed under the rules applicable at the relevant stage, with targeted transitional protections for certain groups.
Australians approaching their ILR eligibility date should check the current rules for their immigration route and monitor the implementation of the new framework before applying.
Which UK Visa Routes Can Lead to ILR for Australians?
Australian citizens may qualify for ILR through several immigration routes, depending on their circumstances and period of residence in the UK. Under the current Immigration Rules, routes that can lead to settlement include:
- Skilled Worker Visa
- Health and Care Worker Visa
- Global Talent Visa
- Innovator Founder Visa
- Scale-up Worker Visa
- International Sportsperson Visa
- Minister of Religion Visa
- UK Ancestry Visa
- High Potential Individual Visa (only through the 10-year long residence route, where eligible)
- Family Visas
- Hong Kong BN(O) Visa
- Representative of an Overseas Business Visa
- ILR based on Private Life in the UK
- Refugee Status and Humanitarian Protection
- Stateless Persons
- Long Residence Route (10 years of continuous lawful residence, subject to the rules)
Some older immigration routes also have settlement provisions for people who already hold qualifying permission.
Australian citizens may also have access to other immigration arrangements, including citizenship or right of abode, depending on their family history. These should not be confused with ILR eligibility.
The Earned Settlement framework will change qualifying periods for many applicants once the new Immigration Rules take effect.
UK Indefinite Leave to Remain Eligibility Criteria for Australians
Before applying, Australian applicants must confirm that their visa provides a route to settlement and meet the eligibility conditions applicable to that route.
Under the current Immigration Rules, requirements may include:
- Completing the required qualifying period of lawful residence in the UK
- Meeting the applicable continuous residence requirements
- Meeting the suitability requirements, including those relating to criminality and immigration breaches
- Demonstrating the required level of English, unless an exemption applies
- Passing the Life in the UK Test, unless exempt
- Meeting any route-specific financial, employment or relationship requirements
Absences from the UK
For most settlement routes subject to Appendix Continuous Residence, applicants must not exceed 180 days outside the UK in any rolling 12-month period. Different rules may apply depending on the immigration route and when the absence occurred. Keep your travel records carefully, including departure and return dates, to demonstrate continuous residence.
Life in the UK Test
Most ILR applicants aged 18 to 64 must pass the Life in the UK Test, which assesses their knowledge of British history, culture, laws and society. The test consists of 24 multiple-choice questions, lasts for 45 minutes, and requires a score of at least 75% to pass. You will need to book the test with an approved provider.
English Language Exemptions for Australians
Australian citizens are recognised as nationals of a majority English-speaking country. So, they generally do not need to provide a separate English language test result when applying for ILR.
Documents Australians May Need to Submit with ILR Application
When applying for ILR in the UK, Australians must provide supporting documents confirming their identity, immigration status, and eligibility for settlement. The exact document requirements may vary from case to case based on your current UK visa route and personal circumstances.
Here’s a general checklist of documents usually required:
- Your current passport and previous passports covering your UK residence period
- Your eVisa share code or Biometric Residence Permit (BRP), if applicable
- Life in the UK Test pass reference number, unless you qualify for an exemption
- Proof of continuous residence in the UK, such as overseas travel records, employment records, payslips, bank statements or other relevant evidence
- Employment documents where applicable. For example, Skilled Worker visa holders can submit a letter from their employer confirming continued employment and relevant salary details
- Financial evidence, such as payslips and bank statements, where required
- Relationship documents for family visa holders, like marriage or civil partnership certificates and evidence of an ongoing relationship for those on a spouse visa
- Birth certificates and evidence of dependency for child applicants, where applicable
Indefinite Leave to Remain Application Fees
The current Home Office application fee for indefinite leave to remain is £3,226 per applicant.
Applicants must also provide their biometric information, including fingerprints and a photograph. There is no separate Home Office fee for biometric enrolment, although optional appointment services may involve additional charges.
Applicants may be able to pay for faster processing, depending on the immigration route and service availability. The super priority service costs an additional £1000 where available.
Other expenses may include document translations, legal representation and travel to appointments.
Applying for Indefinite Leave To Remain is expensive and if not completed correctly, the application will be rejected with no refund. It is always recommended therefore, that applicants seek specialist advice to help them progress through the process. Call Total Law today on +44 (0)333 305 9375 to speak to expert immigration lawyers.
ILR to British Citizenship by Naturalisation
Once you have ILR, you may be able to apply for British citizenship through naturalisation.
Most applicants must have held ILR for at least 12 months before applying, although this waiting period normally does not apply to a person married to or in a civil partnership with a British citizen. Separate good character and other citizenship requirements also apply.
If your naturalisation application is approved, you will normally attend a citizenship ceremony and receive a certificate of British citizenship. You can then apply separately for a British passport.
Reach out to Total Law for more information on applying for British Citizenship and a UK passport.
Dual UK Australia Citizenship
Both the UK and Australia allow dual citizenship, so you will not have to renounce your Australian nationality and passport after naturalising as a British citizen and obtaining a British passport. You will, however, be subject to the applicable laws from both countries, specifically the tax laws.
Speak to an international tax consultant and find out how you can avoid double taxation by leveraging the UK-Australia Double Taxation Convention provisions.
How to Apply for Indefinite Leave To Remain For Australians
The application process for Indefinite Leave To Remain status varies slightly dependent on the route being taken, but the following can be considered a general outline for all:
1. Complete the relevant application form
Australian citizens must apply for ILR online using the form appropriate to their immigration route.
Form SET(M) is used for eligible applicants applying for settlement as partners under the relevant family immigration route. Form SET(O) is used for several other settlement categories, including UK Ancestry and qualifying work routes.
Other immigration categories may require different application forms. Applicants should check the relevant GOV.UK instructions before applying.
2. Pay the Application Fee
Applicants must pay the relevant Home Office application fee when submitting their online application.
There is no separate Home Office biometric enrolment fee. Applicants may incur additional charges if they choose optional appointment services.
3. Book an appointment at a UKVCAS office
At this point, the applicant may book an appointment at their nearest UK Visa and Citizenship Application Services office. It is at this appointment their biometric information will be provided (usually fingerprints and a photo) and documentary evidence can be provided physically.
4. Receive a UKVI interview invitation
In some circumstances, the applicant will be invited by the UK Visa service for a further interview. This may be random.
5. Respond to any further information requests
If the applicant is contacted by UKVI for any further information, they should respond in a timely manner.
6. Await decision
Once a decision has been reached, UKVI will contact the applicant with their decision in writing.
If you need help with any part of the application process to obtain ILR status, Total Law’s team of solicitors can help. Call us today on +44 (0)333 305 9375.
UK Indefinite Leave To Remain Application Processing Time
Priority services are available for those who wish their application for Indefinite Leave To Remain to be processed quickly, but there is a significant premium to pay for such services.
While there is no set SLA for applications to be processed, it takes on average six months for applications to progress from the UKVCAS appointment to approval or rejection.
How Can Immigration Lawyers Help With an Australian ILR Application?
Indefinite Leave To Remain is not an easy nor cheap immigration status to obtain and it is always recommended that applicants seek legal advice to help guide them through the process. To be granted settled status in the UK is a great route to then acquire British citizenship and so those looking to permanently reside in the country should find the most appropriate path possible to apply.
Total Law is a team of British immigration lawyers based in the UK who specialise in guiding individuals through the process of applying to live, work, study and settle. Offering guidance from start to finish through every step of the process, our lawyers help Australian and other Commonwealth citizens begin their journey to the UK daily.
Call our team now on +44 (0)333 305 9375 or message us online, for a jargon-free discussion on your circumstances with no obligation to proceed. No matter how niche your application, we can help!
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Frequently Asked Questions
Australia remains a Commonwealth state and so if an Australian national obtains British nationality and continues as a dual citizen, they will not lose this status. However, as Britain is technically a Commonwealth state albeit not a member one, British citizens already count as a qualifying Commonwealth citizen.
The UK fully recognises same-sex marriage and provided that a couple are legally married in the country where the ceremony took place, and are able to provide evidence as such, this will be considered a genuine relationship for the purposes of a spousal visa or family member visa.
Most visas don’t allow for their holders to access state benefits or public funds. However, once an individual has been granted Indefinite Leave To Remain, they reserve the right to public funds as required whenever they are eligible.
The High Commission of Australia is the primary diplomatic mission of Australia in the UK. It’s located in Australia House, Strand, London WC2B 4LA. Australian citizens are always welcomed but in most circumstances you will require an appointment.
Settled status is simply another term for the immigration status that allows permanent leave to remain in the UK.
Not all applications for Indefinite Leave To Remain are accepted. Where an applicant is eligible on all criteria they must take care not to leave the UK for too long a time during the ‘qualifying period’.
One of the most common reasons for applications to be declined is that an individual has travelled out of the country for more than 180 days in a one-year period. You will not be granted indefinite leave is this ‘180 day’ rule is breached.
ILR can be revoked for a number of reasons including:
- Discovered to provided false information when applying for ILR
- Convicted of a criminal offense
- Breaching or at a risk to national security
Yes. Australian citizens can qualify for ILR if they meet the settlement requirements of an eligible UK immigration route. There is no separate ILR route based solely on Australian citizenship.
Generally, yes, where the test is required for the settlement route. Being Australian satisfies the English-language part of the requirement but does not automatically exempt you from the Life in the UK Test.
Yes. ILR can generally lapse if you remain outside the UK for more than two years at a time.
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