Indefinite Leave to Remain (ILR): Which UK Visas Lead to Settlement?
In This Article:
This post explains which UK visas are routes to settlement, the length of time a main applicant usually needs to spend on each route before qualifying for Indefinite Leave to Remain (ILR), and when time spent on different routes may be combined. It focuses on main applicants rather than dependants and does not cover settled status under the EU Settlement Scheme.
1. Current Law and Proposed Settlement Reforms
The qualifying periods below reflect the Immigration Rules in force on 4 August 2026, including changes effective from 3 August 2026. The Government has consulted on an earned settlement model, including a possible 10-year baseline for many applicants, but those proposals are not currently law. Separately, the English language requirement for settlement on many routes is scheduled to rise from B1 to B2 for applications made on or after 26 March 2027, subject to the route rules and any exemption.
2. What Is Settlement?
Settlement, or Indefinite Leave to Remain (ILR), is an immigration status that allows the person who holds it to live and work in the UK for an unlimited period without applying for a further visa extension.
ILR can lapse, or be revoked or be cancelled in certain circumstances. In most cases it lapses after a continuous absence from the UK of more than two years. Settlement under the EU Settlement Scheme normally lapses after more than five years, or more than four years for a Swiss national or the family member of a Swiss national. A person whose settlement has lapsed may be able to apply as a Returning Resident.
3. How Long Do I Need to Stay in the UK to Qualify for ILR?
The qualifying period depends on the route. Some routes lead to settlement immediately, some after three or five years, and others after 10 years. Meeting the qualifying period is not enough by itself: applicants must also satisfy the route-specific suitability, continuous residence, work, relationship, English language and Knowledge of Life in the UK requirements that apply to them.
Continuous residence does not necessarily mean that every day must be spent in the UK. Many routes apply the general rule that absences must not exceed 180 days in any 12-month period, subject to the detailed rules and exceptions. Significant absences should be checked well before an intended settlement application.
Settlement Based on 10 Years’ Continuous Lawful Residence
A person who has spent 10 years lawfully in the UK may currently qualify for settlement under Appendix Long Residence. Most periods of permission can count, whether or not the particular visa is itself a direct route to settlement. Permission under the Ukraine Scheme, as a Visitor, as a Short-term Student studying English language, or as a Seasonal Worker (including predecessor routes) does not count. Periods of overstaying do not count.
Where the applicant’s current permission was granted on or after 11 April 2024, they must normally have held permission on their current immigration route for at least 12 months before applying. Unless an exemption applies, the applicant must also meet the English language and Knowledge of Life in the UK requirements.
4. UK Visas Offering Routes to Settlement
The principal routes for main applicants are set out below. This is not an exhaustive list of every specialist or legacy category. The route under which settlement is sought determines the qualifying period, which earlier permission can be counted and the additional requirements that must be met.
5. Family and Private Life Routes
Spouse, Civil Partner or Unmarried Partner Visa – 5-Year Route
- A person on the 5-year partner visa route can apply for settlement after 60 months with qualifying permission as a partner under Appendix FM.
- Time with permission as a fiance(e) or proposed civil partner does not count towards the 60 months.
- Time on another route cannot be combined to reach the 60 months, and the qualifying partner permission must have been based on the relationship with the same partner throughout.
Partner or Parent Visa – 10-Year Route
- A partner or parent may qualify after a continuous 10-year period under Appendix Settlement Family Life.
- The period can include qualifying permission as a partner, as a parent, or a combination of the two.
- Time on another route to settlement may also count where the applicant did not enter the UK illegally and has held Appendix FM permission in the relevant partner or parent capacity for at least one year.
- A separate application under Appendix Long Residence may also be possible if its requirements are met.
Parent of a Child Visa – 5-Year Route
- A person on the 5-year parent of a child visa route can apply for settlement after 60 months with qualifying permission as a parent under Appendix FM.
- Time spent on other routes cannot normally be combined to meet the 60-month requirement. A parent on the 10-year route may be eligible for settlement under Appendix Settlement Family Life.
Adult Dependent Relative Visa
- An Adult Dependent Relative applying for entry clearance is granted settlement where the sponsor is a British citizen or is settled and all the route requirements are met.
- Where the sponsor has temporary permission, the Adult Dependent Relative is normally granted permission ending on the same date as the sponsor. They may apply for settlement when the sponsor is being granted settlement or otherwise meets the relevant sponsor requirement.
Private Life Route
- The qualifying periods for settlement under Appendix Private Life are complex and you should seek advice to ensure that you have identified the best option for you or your dependants.
- Broadly, a child not born in the UK or qualifying young adult not born in the UK on the Private Life route may qualify for settlement after five years with the required permission.
- Other adult applicants normally need a 10-year qualifying period, although transitional five-year provisions may apply to certain people granted family or private life permission before 20 June 2022.
- A child born in the UK who has lived here continuously for at least seven years may qualify for settlement without first completing a five-year or 10-year period of permission, provided the other requirements are met.
Victims of Domestic Abuse and Bereaved Partners
A person who has or was last granted permission as a partner on a specified route may be able to apply directly for settlement if the relationship permanently broke down because of domestic abuse, or if their partner died. These are specific settlement routes with their own validity, suitability and eligibility requirements.
UK Ancestry Visa
- A main applicant can apply for settlement after five years in the UK with permission on the UK Ancestry visa route.
- Time on other routes cannot be combined to meet the five-year UK Ancestry qualifying period.
6. Work and Business Routes
Skilled Worker Visa
- A Skilled Worker visa, including the Health and Care Worker route, can lead to settlement after a continuous five-year qualifying period.
- The period may include specified combinations of permission on routes including Skilled Worker, Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, most Tier 1 routes and Scale-up.
- The applicant must also meet the current sponsorship, salary and other settlement requirements in Appendix Skilled Worker.
Scale-up Visa
- A Scale-up visa can lead to settlement after a continuous five-year qualifying period.
- Specified time on other work and business settlement routes can count, but the applicant must have or last have held Scale-up permission and must meet the route-specific UK earnings requirement.
International Sportsperson Visa
- The International Sportsperson visa can lead to settlement after a continuous five-year qualifying period.
- Specified time on other work and business settlement routes can count. There are additional requirements for settlement on this route, including that the applicant’s sponsor must confirm that they still require the applicant to work for them for the foreseeable future.
T2 Minister of Religion Visa
- The T2 Minister of Religion visa can lead to settlement after a continuous five-year qualifying period.
- Specified time on other work and business settlement routes can count, and the applicant must meet the current sponsorship and salary requirements.
Representative of an Overseas Business
- The Representative of an Overseas Business route can lead to settlement after five years with permission on that route.
- The route remains open for overseas media representatives. It is closed to new initial Sole Representative applicants, although existing Sole Representatives can still extend and settle if they meet the requirements.
- An applicant settling on this route must have spent the last five years with Representative of an Overseas Business permission; time on other routes cannot be combined for this application.
Global Talent Visa
- A Global Talent visa can lead to settlement after three years for applicants endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI; applicants endorsed under the exceptional talent criteria by Arts Council England or Tech Nation; and applicants granted permission using a listed prestigious prize.
- The qualifying period is five years for applicants endorsed under the exceptional promise criteria by Arts Council England or Tech Nation.
- Specified time on other work and business settlement routes can count towards the relevant three-year or five-year period.
Innovator Founder Visa
- The Innovator Founder visa can lead to settlement after at least three years in the UK with Innovator Founder permission.
- Time on other routes cannot be used to meet the three-year qualifying period. The applicant must also obtain a settlement endorsement confirming that the business and achievement criteria are met.
Tier 1 Investor – Legacy Route
- The Tier 1 Investor route is closed to new applicants but remains a settlement route for eligible existing migrants.
- Depending on the qualifying investment, settlement may be available after two, three or five years spent with Tier 1 Investor permission.
- The current rules require an application for settlement to be made before 17 February 2028. Time on other routes cannot be combined to meet the Tier 1 Investor qualifying period.
7. Other Routes to Settlement
Hong Kong BN(O) Visa
- A person on the Hong Kong BN(O) visa route can apply for settlement after a continuous five-year period with permission on a route that leads to settlement.
- The most recent grant of permission must have been on the Hong Kong BN(O) route.
- From 8 October 2026, changes will be introduced to allow an applicant under 18 to settle in the UK at the same time as their parent, without having completed a five-year qualifying period, in certain circumstances.
Protection Route
- The current position is that a person with refugee status or humanitarian protection may qualify for refugee settlement after at least five continuous years in the UK with the relevant status, subject to a continuing-status review and the suitability requirements. However, most people granted protection following an asylum claim or further submissions made on or after 2 March 2026 are initially granted only 30 months’ permission, rather than five years. Different arrangements apply to certain unaccompanied asylum-seeking children. The Government has also indicated that it intends to reform the route to settlement for refugees, potentially increasing the qualifying period to 20 years.
Returning Resident Visa
A Returning Resident visa is not a route for building up a new qualifying period. It is a route for a person whose previous settlement has lapsed and who wishes to return to the UK for settlement.
Specialist and Legacy Routes
Other specialist or transitional routes can lead to settlement, including certain HM Armed Forces categories, Appendix ECAA Settlement, the pre-6 April 2012 Domestic Worker in a Private Household route and limited older International Agreement arrangements. These routes depend on detailed eligibility and transitional provisions and are not summarised here.
8. Visas That Are Not Direct Routes to Settlement but Can Count Towards 10 Years’ Long Residence
Most periods of lawful permission can currently count towards a grant of settlement under Appendix Long Residence even where the visa is not itself a direct route to settlement. Examples include:
- Intra-Company Transfer and Global Business Mobility routes;
- High Potential Individual;
- Youth Mobility Scheme;
- Student and Graduate routes;
- the former Start-up route;
- most Temporary Work routes, including Creative Worker, Charity Worker, Religious Worker, International Agreement and Government Authorised Exchange; and
- the current Overseas Domestic Worker route.
This list is illustrative rather than exhaustive. The person must have held lawful permission, maintained the required continuity and met all other Appendix Long Residence requirements.
9. Routes That Cannot Count Towards 10 Years’ Long Residence
The following forms of permission are expressly excluded from the 10-year Long Residence qualifying period:
- permission under Appendix Ukraine Scheme;
- permission as a Visitor;
- permission as a Short-term Student studying an English language course; and
- permission as a Seasonal Worker, including predecessor seasonal worker routes.
10. How Our Immigration Barristers Can Help
This post has outlined the principal UK visas that lead to settlement and has provided an overview of the circumstances in which time on different routes may be combined. The correct route and qualifying period depend on the applicant’s full immigration history, absences and the rules in force when the application is made and you should seek legal advice on your specific circumstances.
For expert advice and assistance in relation to a UK visa or Indefinite Leave to Remain application, contact our immigration barristers on 0203 617 9173 or complete the online enquiry form below.
11. Frequently Asked Questions
Which UK visas lead to ILR after five years?
Common five-year routes include Skilled Worker, Scale-up, International Sportsperson, T2 Minister of Religion, Representative of an Overseas Business, UK Ancestry, Hong Kong BN(O), the five-year partner and parent routes, and (currently) the protection route. Each route has additional requirements and different rules about combining time.
Can I combine time spent on different UK visas for settlement?
Sometimes. Several work and business routes permit specified combinations, as do Appendix Settlement Family Life, Private Life and Hong Kong BN(O) in defined circumstances. Other routes, including the five-year partner route, UK Ancestry, Innovator Founder and Representative of an Overseas Business, generally require the qualifying period to be spent on that route.
Does time on a Student or Graduate visa count towards ILR?
Student and Graduate permission is not a direct route to settlement, but it can normally count towards 10 years’ lawful residence under Appendix Long Residence.
Does time as a fiance(e) count towards the five-year partner route?
No. Time with permission as a fiance(e) or proposed civil partner is excluded from the 60-month qualifying period for settlement on the five-year partner route.
How many absences are allowed before an ILR application?
Many settlement routes apply a maximum of 180 days outside the UK in any 12-month period, but the detailed calculation and exceptions vary. Appendix FM partner and parent applications also require continuing residence and relationship requirements rather than a simple universal absence limit.
Are the earned settlement proposals already in force?
No. As at 4 August 2026, the Government’s earned settlement proposals have been consulted on but have not replaced the qualifying periods in the current Immigration Rules.
When will the settlement English requirement increase to B2?
For many routes, the rules provide for a B2 speaking and listening requirement for settlement applications made on or after 26 March 2027, unless an exemption applies. Applicants should check the exact provision for their route.
Can ILR lapse if I live outside the UK?
Yes. Most ILR lapses after a continuous absence of more than two years. Different periods apply to settlement under the EU Settlement Scheme, and an eligible person may be able to return through the Returning Resident route.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.