Last updated: 22 June 2023
Under the UK’s immigration rules, certain work, business and family visas enable foreign nationals to apply for indefinite leave to remain (ILR) after 5 years of legal and continuous residence in the UK. ILR means that you can live, work, and study permanently in the UK without the need to apply for further visas. It also means you can apply for British citizenship after a further 12 months. In this article, we will explain who can apply for ILR after 5 years and how to get ILR after 5 years by combining different immigration categories.
Who is eligible for UK ILR after 5 years?
The specific visas that lead to ILR after 5 years are as follows:
- Work visas
- Skilled Worker visa (Tier 2 (General) visa)
- Health and Care Worker visa
- Global Talent visa
- Tier 2 Minister of Religion visa
- International Sportsperson, Tier 2 Sportsperson or Tier 2 (Sportsperson) visa
- Scale-up visa
- Turkish worker or Turkish businessperson visa (now closed to new applicants)
- Private servant in a diplomatic household with an International Agreement visa (if you applied before 6 April 2012)
- Domestic worker visa (if you applied before 5 April 2012)
- Business visas
- Tier 1 Investor visa (closed to new applicants)
- Tier 1 Entrepreneur visa (closed to new applicants)
- Representative of an Overseas Business visa
- Sole Representative of an Overseas Company visa (closed to new applicants)
- Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation visa
- Family visas
- Other visas
- UK Ancestry visa
- EEA family permit
- BNO visa
5 years route to settlement requirements
The exact requirements that you will need to meet in order to qualify for ILR after 5 years will depend on the type of qualifying visa you hold. Applicants will normally need to provide evidence that they:
- Have lived lawfully and continuously for 5 years in the UK on a qualifying visa or a combination of qualifying visas (if permitted).
- Have not been absent for too long from the UK during the 5 years
- Have passed the knowledge of life in the UK (for those aged between 18 and 64)
- Meet the English language requirements (if applicable for your chosen route)
It is important to check the exact ILR requirements that apply to your immigration route. For example, if you apply as a spouse visa holder, you must still be living with your partner in a genuine and subsisting relationship and meet the minimum income requirements. If you apply as a Skilled Worker visa holder, you must continue to be needed for your job and meet the salary requirements.
For more details on the specific ILR requirements for each visa route, please see our pages below:
How many days can I stay outside of the UK for 5 years ILR application
When calculating whether you meet the 5-year requirement for ILR, the immigration rules state that you must not have been absent from the UK for more than 180 days in any consecutive year. It is important to check that you meet the absence requirements before you submit your 5-year ILR application. If you are unsure if you meet the absence requirement, please refer to our ‘calculate your absence period from the UK for ILR and British Citizenship’ page.
What does continuous residence mean?
Continuous residence means that you must have lived in the UK for at least 5 years without this period of time being broken. Continuous residence can be broken by prolonged absences from the UK, breaking the law, breaches of the immigration rules, overstaying, and deportation, removal and exclusion from the UK. As part of your ILR application, you will need to provide strong proof of continuous residence in the UK.
Can I combine different visas for 5 years ILR application?
Depending on which visa route you are on, you may be able to combine time on different visas to qualify for ILR after 5 years. For example, you can combine time spent in the UK on any of the following work visas towards ILR:
- Tier 1 visas (with the exception of the Tier 1 Graduate Entrepreneur visa)
- Skilled Worker or Tier 2 (General) visas
- Scale-up Worker visa
- T2 Minister of Religion or Tier 2 (Minister of Religion) visas
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson) visas
- Innovator Founder visa
- Global Talent visa, or
- Representative of an Overseas Business visa
Investor and Tier 1 (Entrepreneur) visa holders cannot combine spent in the UK on other visa types.
What if you don’t meet the 5 years route to ILR requirements?
In most cases, you will need to wait until you meet the 5-year continuous residence requirement before you can apply for ILR. You may be able to apply, however, in exceptional circumstances. This may be the case if you have a spouse visa and have been a victim of domestic abuse or your partner has died. In addition, if you don’t meet the 5-year requirement due to a prolonged absence, it may be possible to have this overlooked if it was due to exceptional circumstances (e.g. a family bereavement). Some other visa routes also permit ILR after just 3 years (e.g. the Innovator Founder visa).
How can Reiss Edwards help?
Reiss Edwards specialises in UK settlement and citizenship applications. Our immigration solicitors can:
- Review your current circumstances and those of your family members and check your eligibility ILR
- Apply for indefinite leave to remain after 5 years on your behalf and for your dependant family members
- Handle any queries raised by UKVI on your behalf as well as a refusal of your ILR application
- Explain how you can overcome any gaps in continuous residency or prolonged absences
- Guide you and your dependants through the process of gaining citizenship in the UK
For assistance with applying for ILR or citizenship, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.
