After five years of continuous residence in the UK, British National (Overseas) (BNO) visa holders can apply for Indefinite Leave to Remain (also known as ‘settlement’). Settlement gives you the right to live, work and study in the UK permanently, with no time restrictions on your stay.
In late 2025, the UK Government published a proposal to extend the qualifying period for ILR to 10 years for most immigration categories. This is known as ‘earned settlement’. However, in response to a parliamentary petition signed by over 108,000 people, the Government confirmed that it will keep the five-year settlement pathway for BNO visa holders in place. If the proposed rules are introduced, those holding a BNO visa will receive a 5-year reduction from the 10-year qualifying period. It is important to note that the earned settlement model is not yet law, and its proposals remain subject to public consultation. It will only take legal effect once implemented through a future Statement of Changes to the Immigration Rules.
BNO visa to ILR requirements
To apply for ILR under the BNO route, you must have:
- Spent at least 5 years continuous residence in the UK with a BNO visa (or a combination of qualifying visas, with BNO as your most recent).
- Not have spent more than 180 days outside the UK in any 12-month period during those 5 years.
- Passed the Life in the UK Test.
- Met the English language requirement, either by holding an English language qualification at least at CEFR level B1 in speaking and listening, or a degree taught or researched in English.
- Met the suitability requirements based on your criminal history and compliance with immigration law.
You can apply no earlier than 28 days before you complete your 5 years. You must also be physically present in the UK when you submit your application.
What does 5 years continuous residence mean?
5 years continuous residence means you have lived lawfully in the UK for a period of five years without that residence being broken. The qualifying period is calculated by counting back from whichever date is most beneficial to you (typically the date you apply), taking your periods of absence into account.
You can count time spent in the UK on any visa that leads to settlement, provided that your most recent visa was a BNO visa. Qualifying visas include:
- Skilled Worker visa (or Tier 2 General work visa)
- Family visa
- Global Talent visa (or Tier 1 Exceptional Talent visa)
- UK Ancestry visa
- Entrepreneur visa
- Investor visa
- Minister of Religion visa
- Representative of an Overseas Business visa
- Sportsperson visa
Some visas do not count towards settlement, including the Student visa and Youth Mobility Scheme visa. Time spent in the UK outside the Immigration Rules (for example, if you were granted leave outside the rules at the border as a BNO status holder) also does not count.
Your continuous residence will be considered broken if any of the following apply:
- You exceeded the 180-day absence limit in any 12-month period
- You overstayed your visa – i.e. you were in the UK without valid permission (unless an exception applies, for example, if your overstay fell between 24th January and 31st August 2020 due to the COVID-19 pandemic, in which case it will be disregarded)
- You were convicted of a criminal offence and sentenced to a period of imprisonment (suspended sentences do not count as breaking residence)
- You were subject to a deportation order, exclusion order, or removal directions, or
- You were on immigration bail or temporary admission.
If your continuous residence is broken, the clock resets. This means you would need to start the five-year qualifying period again from scratch. There are some exceptions to the absence limit, however. Absences do not count towards the 180-day limit if they were due to assisting with a national or international humanitarian or environmental crisis overseas, or where travel was disrupted by a natural disaster, military conflict, or pandemic.
Check our guidance on Continuous Residence Rules for ILR for more information.
What are the suitability requirements?
The suitability requirements (now referred to as the Part Suitability requirements) are a set of conditions that all Indefinite Leave to Remain (ILR) applicants must meet. The Home Office may refuse a settlement application if there is evidence of serious criminal convictions, use of deception in a previous application, or past breaches of immigration law.
BNO dependant visa to ILR
The BNO visa to ILR requirements apply to BNO dependant visa holders (e.g. children and spouses) applying for settlement in the UK. Dependants can apply at the same time as the main BNO visa holder, or they can submit their own separate application; they do not have to apply together.
For partners and children aged 18 or over who hold a BNO dependant visa, there is no need to prove their relationship to the BNO visa holder again. However, their application form must include the details of the person their visa depends on.
Children under 18 who were dependants on a BNO visa can also apply for ILR. Here are the main points to bear in mind:
- Each child needs to make their own separate settlement application. The child’s application is linked to the main BNO visa holder’s application.
- In most cases, children apply together with both parents – meaning both parents are either applying for ILR at the same time, or one (or both) parents already has settled status or British citizenship.
- If one parent is already settled or is a British citizen, you should include their settlement details or citizenship information in the child’s application form.
- The child does not need both parents’ details included in their application if the other parent is deceased, one parent has sole responsibility for the child, or there are serious or compelling circumstances, e.g. if the settled parent or the child has a serious illness.
References:
UK Parliament: Settlement route for British National (Overseas) visa holders
GOV.UK: British National (Overseas) visa
