There are several benefits to obtaining ILR. ILR holders will no longer be subject to immigration control and will be free to live, study, and work in the UK without any restriction on time or activity. The only limitation is that they may not be absent from the UK for more than two years at a time. ILR holder is allowed to apply for naturalization as British citizen after 12 months since they are ILR granted.



To be eligible to apply for Indefinite Leave to Remain (ILR) in the UK, the applicant must meet the requirements, which include a minimum length of continuous residence under a valid qualifying visa. There are a number of visa categories where it is eligible to apply for ILR after five years in the UK.

Visa Categories that are eligible for ILR after 5 years

A visa category in which an individual can apply for ILR after five years of residence in the UK is in relation to business, investment and employment including

• Tier 1 Entrepreneur (After 3 or 5 years depending on the business activity)
• Tier 1 Investor (After 2, 3, or 5 years depending on the level of investment fund)
• Skilled worker (T2 General)
• T2 Minister of religion
• T2 Sportsperson
• Representative of an Overseas Business
• UK Ancestry
• Global Talent (T1 Exceptional Talent)
• Innovator
• Spouse, Civil partner, and Unmarried partner
• Scale up Visa

Continuous Residence Requirement

In order to apply for ILR after 5 years, an applicant meets the continuous period requirement set out in the Immigration Rules. The continuous period requirement is the least amount of time a migrant must have to stay in the UK continuously and lawfully with leave to enter or remain, either with investment, on business, or in employment.

The time between the issuance of your entry clearance and your admission into the United Kingdom may be included in the qualifying period, provided it does not exceed 90 days. If the 90-day restriction is surpassed, none of the additional days will count toward the qualifying period.

It is crucial to calculate the continuous residency period correctly. Technically, the residency period can commence on the date the entry clearance was issued rather than the date of entry to the UK, as long as that period was less than 90 days.

If exceeded, none of the days after the 90 days limit will be counted towards the qualifying period.

Combining Different Visa Categories

It is possible to combine time spent in different categories to qualify for ILR after 5 years in some visa categories. For example, a Representative of an Overseas Business migrant could rely on time spent with time spent on Skilled Worker visas to qualifying for ILR after 5 years.

Global talent or skilled worker, Innovator, T2 Minister of Religion, and International Sportsperson can be combined with Tier 1 visa (other than as a Tier 1 Graduate Entrepreneur visa) or Scale-up to qualify for 5 years residence period to apply for ILR.

On the Investor, Tier 1 (Entrepreneur), and Innovator accelerated routes, however, the required amount of time (2 or 3 years) must be spent in those categories.

What is 180 Day Rule?

The "180-day rule" is one of the most fundamental requirements. To be eligible to apply for Indefinite Leave to Remain, an applicant must have left the UK for more than 180 days in any 12-month period.

Short trips away do not break the continuity of leave towards the 180-day limit. Absences must be in accordance with your immigration status. For example, if you are employed in the UK, your absences should be in line with your annual leave entitlement.

There are exceptions to the rules regarding periods of absence. If there are excessive absences but they are for "serious or compelling reasons," the period of absence may be dismissed and deemed allowable.

Serious or compelling reasons could include:

• Serious illness of the applicant or a close relative
• A conflict
• A natural disaster, such as a volcanic eruption, etc

If there are serious or compelling reasons, the applicant must provide evidence include such as medical certificates, birth or death certificates, or evidence of disruption to travel arrangements. 

If absences are related to employment, including annual leave, an applicant will usually need to get a letter from the employer detailing the reasons for the absence.

An innovator Visa or Investor Visa holder may not be required to provide explanations for absences of less than 180 days.

What is another requirement to apply ILR?

In addition to the 180-day rule, the following requirement must be met to qualify for ILR:

• Must not have broken any immigration conditions or laws while residing in the UK
• Must be able to demonstrate that your English language ability is to at least the level of B1 as set by the Common European Framework of Reference for Languages
• If you are from a majority-English-speaking country, you will not be required to demonstrate your English proficiency. Additionally, persons aged 65 or older do not need to demonstrate their English proficiency
• Must pass the Life in the UK test

For experienced advice and help with an application for ILR after 5 years, an accelerated ILR application, or any aspects of the ILR Immigration Rules, please contact us at 0203 865 6219 or leave a message.