ILR 5 Year Route

After five years of continuous lawful residence in the UK on a qualifying visa route, you may qualify for an indefinite leave to remain (ILR). An ILR grants you a UK permanent residency, allowing you to live and work indefinitely in the UK.

For more information about the ILR 5-year route and guidance in preparing your ILR application, contact us today to speak with one of our expert UK immigration solicitors. You can reach us at +44 (0) 333 305 9375 or via the online contact form.

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    Applying For Indefinite Leave to Remain After 5 Years

    Indefinite leave to remain (ILR) is the UK’s permanent residence permit. It grants foreign nationals who have lived in the UK for a specific number of years the right to live, work, or study in the UK permanently. ILR holders can also sponsor family members to the UK.

    An indefinite leave to remain secures your stay in the UK. You will no longer require a visa or employer sponsorship to work or study in the UK.

    Depending on your visa route, you can apply for an ILR after 2, 3, 5, or 10 years of lawful residence in the UK. However, the 5-year ILR route remains the most popular because it works for most types of UK visas.

    While an ILR is valid for life, you can lose your settled status if you stay outside the UK for over two years. It can also be revoked in particular situations, such as if you get a criminal conviction.

    You can apply for British citizenship after one year of holding an indefinite leave to remain.

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    Our lawyers can help you determine the best route to obtain your indefinite leave to remain. Contact Us

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      Who Is Eligible for a 5-Year Route ILR?

      Most UK family and business visas allow you to apply for indefinite leave to remain after residing in the UK for 5 years. Some of the visas that would enable you to qualify for ILR after five years of UK residence include:

      • Skilled Worker Visa
      • Tier 2 (General) Visa
      • Health and Care Worker Visa
      • International Sportsperson Visa
      • Tier 2 Minister of Religion Visa
      • Scale-up Visa
      • Turkish Businessperson or Turkish Worker Visa (closed to new applicants)
      • Global Talent Visa
      • Spouse/Partner Visa
      • Child Visa
      • Point-Based System (PBS) Dependant Visa
      • Representative of an Overseas Business Visa
      • UK Ancestry Visa
      • Representative of an Overseas Broadcasting Organisation, Newspaper, or News Agency Visa

      ILR in Less Than 5 Years

      Certain visas allow you to apply for ILR in less than 5 years of UK residency. However, most of these visas are for business people, investors, and persons of exceptional talent. They include:

      • Innovator Visa
      • Global Talent Visa
      • Tier 1 Investor Visa
      • Tier 1 Entrepreneur Visa

      Note: The tier 1 Investor and Entrepreneur Visas are now closed for new applications.

      Innovator Visa

      UK Innovator Visa holders can apply for indefinite leave to remain after 3 years of lawfully residing in the UK.

      Global Talent Visa

      Certain Global Talent Visa holders can apply for ILR after three years of residence in the UK. They include:

      • Those who qualified for a Global Talent Visa because they won an eligible award
      • Candidates endorsed by either of the following
        • The Royal Society of UK Research and Innovation, the Royal Academy of Engineering, the British Academy
        • Tech Nation or Arts Council England as an exceptional leader

      ILR 5-Year Route Requirements

      The UK Visas and Immigration (UKVI) does not automatically issue you an indefinite leave to remain simply because you’ve lived in the UK for 5 years.

      You must meet specific eligibility requirements and submit an ILR application and relevant documents proving your eligibility.

      You must meet the following requirements to qualify for an ILR 5-year route. You must:

      • Have lawfully resided in the UK with a qualifying visa for at least 5 years
      • Have spent less than 180 days outside the UK during each year of the qualifying residency period
      • Have not violated any UK immigration rules and the terms of your stay throughout the residency period
      • Have a minimum of B1 proficiency in English as set by the Common European Framework of Languages
      • Pass the Life in the UK test, proving your knowledge of British history, culture, and traditions
      • Skilled Worker Visa holders must continue to meet the minimum salary requirement as they did when they first got their visas
      Overhead view of Llandudno Pier in the UK

      Continuous Residence Requirement for ILR 5 Year Route

      Overview

      To qualify for a 5-year ILR, you must have spent five years of unbroken continuous residence in the UK.

      This means your UK stay must have been within the immigration rules. You must not have overstayed your visa validity at any time or exceeded the maximum allowed period of absence.

      The maximum allowed absence from the UK for prospective ILR applicants is 180 days every 12 months. Staying outside the UK for more than 180 days in any year leading up to your indefinite leave to remain application disqualifies you for an ILR.

      Only whole days away from the UK count towards this absence limit. Your period of qualifying residence will also be considered broken if:

      • You’ve been convicted of a crime and sentenced to imprisonment
      • You’ve been subject to a deportation order, an exclusion order, or an exclusion redirection
      • You’ve lost your legal resident status

      You can include the period between when you were issued an entry permit and when you entered the UK in your qualifying residence. However, this period must not exceed 90 days.

      Exceptions to the Continuous Residence Rule

      Exceptions can be made for absences exceeding 180 days in certain situations. These are exceptional circumstances where compelling circumstances necessitated the absences. Some of these exceptional circumstances include:

      • Time spent abroad assisting with a humanitarian or environmental crisis. If you’re on a sponsored visa route, this time must have been agreed on beforehand
      • Compelling, compassionate personal circumstances such as a life-threatening illness or the death of a close family member
      • A conflict, pandemic, or natural disaster disrupted your travel plans
      • Certain overseas research activities carried out by Global Talent Visa holders
      • Overseas research activity carried out by a skilled worker sponsored for a job in an eligible occupation code with their sponsoring employer’s permission

      In any of these cases, you must file a request to exempt your absence from the 180-day rule. You must include proof of unavoidable absence showing compelling reasons for your absence.

      If you’re on an employer-sponsored visa, you must obtain an approval letter from your employer stating the reason for your absence and that they approved it.

      If your absence was due to compelling compassionate reasons, you must also provide documented evidence such as medical reports, death certificates, or proof of travel disruption.

      If you aren’t certain if you’ve met the continuous residence requirements, reach out to our ILR solicitors to help you ascertain your eligibility. Contact Us

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        ILR 5 Year Route Application Process

        The first step in the ILR application process is to check and ensure your visa category qualifies you for the 5-year ILR route. Once you’ve confirmed your eligibility, you must make the ILR application online via the gov.uk website.

        You must apply for an ILR before your current visa expires. You can submit your ILR application up to 28 days before you meet the five-year residence mark.

        ILR applications are made by completing the online application form and uploading the required documents. There are two types of ILR application forms:

        • Form Set (M) for partners, children, or parents of settled UK residents or British citizens
        • Form Set (O) for all other applicants

        You’ll be required to provide your personal and immigration information on the ILR application form. However, the specific information you must provide varies depending on your visa route to indefinite leave to remain.

        All ILR applicants also have to provide the supporting documents when applying for ILR after 5 years.

        After submitting the application form and supporting evidence, you may be required to schedule a biometric appointment at a UK Visas and Citizenship Application Services (UKVCAS) centre. You’ll submit your signature, photos, and fingerprints during this appointment.

        Documents Required for ILR 5 Year Route

        You need to provide the following supporting documents for ILR 5 year route application.

        • Current valid passport or travel documents, along with all previous passports
        • Travel documentation detailing all time spent abroad during the years of qualifying residence
        • Birth or adoption certificate
        • Current Biometric Residence Permit, if you have one
        • Your immigration history documentation
        • Bank statements, pay slips, or other financial documents proving sufficient means
        • Criminal background check record or police clearance certificate
        • Proof of proficiency in English
        • Certificate of successful completion of the Life in the UK Test

        Combining Different Visa Categories For an ILR 5-Year Route

        Depending on your current visa category, you can combine time previously spent in the UK on other visa categories to qualify for an ILR after five years. Most visa types that allow a combination of time spent to qualify for ILR are work and business visa routes.

        You can make up the five-year residence requirement for ILR by combining time spent in the UK on any of the following visas.

        • Skilled Worker or Tier 2 (General) Visas
        • Global Talent Visa
        • Scale-up Worker Visa
        • Minister of Religion Visa
        • International Sportsperson Visa
        • Innovator Founder Visa
        • Representative of an Overseas Business Visa
        The British flag, waving in the wind

        Indefinite Leave to Remain After 5 Years on a Spouse Visa

        The eligibility requirements and rules for ILR are slightly different if you’re applying for an ILR via the 5-year route based on a UK Spouse Visa.

        Unlike the work visa routes, there is no absence rule when applying for ILR as a Spouse Visa holder. However, you must prove that you intend to settle with your partner in the UK permanently.

        Also, you can’t combine time spent on other immigration routes with time spent on a Spouse Visa for an ILR application. Switching from a work visa route to a Spouse Visa resets the five-year clock.

        You’ll have to start all over or apply through the 10-year route, depending on how long you’ve been in the UK on other immigration categories.

        In addition to the general requirements, the eligibility criteria for Spouse Visa ILR application are as follows:

        • You must have lived in the UK for five years as a spouse or partner on a family visa
        • Your partner must be a UK citizen, have an EU-settled status, or hold an indefinite leave to remain
        • You must have a subsisting relationship with your partner or spouse
        • You must meet the ILR financial requirements for spouse visa holders. You and your partner must make a combined income of £29,000
        • You and your family must have adequate accommodation in the UK

        You must provide relevant supporting evidence proving you meet these requirements when applying for an ILR Spouse Visa.

        Put your best foot forward when applying for ILR through the 5-year route, when you enlist our professional assistance. Contact Us

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          Processing Times for Indefinite Leave to Remain

          There’s no specified timeframe for processing an ILR application. However, the UKVI processes most ILR applications within six months.

          If you want your applicant processed faster, you can use the priority or super-priority processing services for a fee.

          ILR Application Fees

          The ILR application fee for the main applicants and dependants is £3,226. The fee is non-refundable regardless of the outcome of the application. You may also need to pay a biometric fee to book your biometric appointment.

          The priority processing service (5 days processing) costs an additional £500, while the super-priority service (24 hours processing) costs £1000.

          How Can Total Law Help?

          Indefinite Leave to Remain is one of the most critical immigration steps for foreign nationals who want to live permanently and build their lives in the UK.

          However, it is a complex process that requires thoroughness and utmost attention to detail. Therefore, it’s best to get expert assistance from an immigration solicitor when applying for an ILR.

          Total Law can help you with your ILR application. Our team of UK immigration lawyers have several years of experience assisting foreign nationals to settle in the UK and are conversant with the nuances of UK immigration regulations.

          We’ll help you ascertain your eligibility, collate the required documents, and prepare an error-free application. We can also assist you if you’ve already begun the process and are encountering challenges.

          Our immigration solicitors are always available to you. You can reach us today at +44 (0) 333 305 9375 or leave a message via the online contact form for immediate assistance.

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                    Frequently Asked Questions

                    Spouse visa holders can switch from the 10-year route to a 5-year route if they now meet the requirements for the 5-year route they couldn’t previously meet. However, this switch will reset the time already spent in the UK and they’ll have to count afresh. It’s sometimes best to stick to the 10-year route if you’ve already spent considerable time in the UK.

                    No, time spent in the UK on student visas does not count towards ILR.

                    The earliest you can apply for ILR is 28 days before you complete the required five years of residence.

                    You can apply for British citizenship by naturalization after 12 months of holding an ILR.

                    This content was developed by a team of researchers, writers, SEO specialists, editors, and lawyers who provide valuable information to those with immigration queries.

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                    The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.