Settlement · IAA-regulated advice
UK 5-Year ILR Advice in Birmingham & London
Settle in the UK after 5 years on a partner, parent, work or UK Ancestry visa. We check which rules apply to your visa, count your time and absences, and prepare your application, for a fixed fee agreed in writing.
Last checked 11 October 2026 · Reviewed by Vishal Gautam, IAA-regulated adviser
Overview
What is indefinite leave to remain after 5 years?
Indefinite leave to remain (ILR), also called settlement, lets you live, work and study in the UK for as long as you like, with no visa to renew. You can apply for benefits if you’re eligible, and later for British citizenship.
Many visas lead to ILR after 5 years, but there’s no single 5-year rule. Which rules apply depends on the visa you hold: partners and parents settle under Appendix FM, Skilled Workers under Appendix Skilled Worker, and UK Ancestry visa holders under Appendix UK Ancestry. Each has its own requirements for time, absences, income and English.
✓This is the right route if…
- You’re on a partner or parent visa under Appendix FM and close to 5 years on the route
- You’re on a Skilled Worker or Health and Care Worker visa, or have combined it with another listed work route, for 5 years
- You’re a Commonwealth citizen who has spent 5 years on a UK Ancestry visa
- You’re the partner or child of a Skilled Worker or UK Ancestry visa holder who is settling
→Look at another route if…
- You’ve lived here lawfully for 10 years on a mix of visasLong residence →
- You’re an EU, EEA or Swiss citizen with pre-settled statusSettled status →
- You’re on another route, such as Global Talent, where 3 years may be enoughCompare settlement routes →
- You already have ILR and want to become BritishNaturalisation →
Quick check
Could you qualify? Six questions, one minute
Answer honestly. Nothing is saved or sent: this is a general guide, not advice on your case.
Will you have spent 5 years on a partner, parent, Skilled Worker or UK Ancestry visa within the next 28 days?Time as a fiancé(e), student or visitor doesn’t count. Skilled Workers can count time on some other work routes.
Have your trips abroad stayed within the limits for your route?Work routes and UK Ancestry: no more than 180 days outside the UK in any 12 months. Partner and parent routes have no fixed day limit, but you must have lived here continuously.
Do you still meet your route’s main requirements?For example, the same partner and the £29,000 income requirement, or a sponsor who still needs you and pays the right salary.
Have you passed the Life in the UK test?You don’t need it if you’re under 18 or 65 or over, or a long-term condition prevents it.
Do you have English at B1 in speaking and listening, or an exemption?B2 if you apply on or after 26 March 2027. Skilled Workers applying before then don’t need to prove English again.
Is your immigration and criminal history clear?Overstaying, prison sentences, false information or NHS debts of £500 or more can lead to refusal.
Eligibility
5-year ILR requirements
Which rules apply depends on the visa you hold now. You must meet every requirement of your route on the day you apply.
Qualifying time on your route
- Partner or parent (Appendix FM): 60 months with permission on the route. Partners count only time with the same partner, and time as a fiancé(e) doesn’t count
- Skilled Worker: 5 years on any mix of Skilled Worker, Global Talent, Innovator Founder, Scale-up, International Sportsperson, Minister of Religion, Representative of an Overseas Business or most Tier 1 visas, but not time as a dependant
- UK Ancestry: 5 years on a UK Ancestry visa
- Partners of Skilled Workers: 5 years as their dependant partner
Not sure which route you’re on? Your last Home Office decision letter says. On the 10-year family route, different rules apply: ask us.
Continuous residence and absences
- Work routes and UK Ancestry use Appendix Continuous Residence: more than 180 days outside the UK in any 12-month period breaks your residence
- Absences for serious illness or the death of a close family member, or travel disruption from a natural disaster, conflict or pandemic, don’t count
- A prison sentence, a deportation order or a gap without permission also breaks continuous residence on these routes
- Partner and parent routes: you must have lived in the UK continuously for 5 years, with no fixed day limit
Keep a dated record of every trip abroad from the start of your visa.
Your route’s other requirements
- Partners: your partner is British or settled, you still live together, and you meet the £29,000 income and accommodation requirements. Your own UK earnings count, and savings above £16,000 count pound for pound
- Parents: you still meet the parent route requirements for your child
- Skilled Workers: your sponsor is still licensed, still needs you, and pays at least the salary for your job. Lower thresholds apply in some jobs and for some earlier visas
- UK Ancestry: you’re still a Commonwealth citizen, able and planning to work, and can support yourself without public funds
First applied as a partner before 11 April 2024? A lower income figure may still apply to you: ask us.
English and the Life in the UK test
- An approved English test (a SELT) taken in the 2 years before you apply, a degree taught in English, or nationality of a majority English-speaking country
- Skilled Workers applying before 26 March 2027 don’t need to prove English again; from that date they need B2
- Partners, parents, UK Ancestry and dependants need B1 now, and B2 from 26 March 2027
- Exempt from both if you’re under 18 or 65 or over, or a physical or mental condition prevents it
Book only an approved test: other tests, even at a higher level, won’t count.
Suitability and immigration history
- A prison sentence of 12 months or more means refusal; shorter sentences and other convictions may lead to refusal
- False information or documents, now or in the past, can lead to refusal
- You mustn’t be overstaying or on immigration bail, unless the 14-day exception for late applications applies
- Unpaid NHS charges of £500 or more, or unpaid Home Office legal costs, can lead to refusal
Not sure whether something in your history matters? Tell us at the consultation: it’s confidential.
Documents
5-year ILR documents: the easy part
Most people can list the documents. Refusals come from what’s in them: the dates, the figures and whether they fit your route’s rules.
What everyone needs
- Your passport and proof of your current immigration status
- A record of your trips outside the UK during the qualifying period
- Evidence for your route, such as your sponsor’s confirmation or your relationship and income
- AAn English test certificate or degree, or proof you’re exempt
- Your Life in the UK test pass
- Documents for a partner or children applying with you
Plus certified translations of anything not in English or Welsh. You’ll be told exactly which documents your route needs when you apply.
Costs & timeline
5-year ILR cost and processing time
The Home Office fee for indefinite leave to remain is £3,226 per person, and there’s no health surcharge. The Life in the UK test costs £50. Most decisions are made within 6 months.
Applying in the UK
| Home Office application feeeach person applying | £3,226 |
| Immigration Health Surchargenot charged on indefinite leave | £0 |
| Life in the UK testif you haven’t passed it already | £50 |
| Home Office total, per applicantbefore an English test and any faster decision service | £3,276 |
Home Office fees from the fees table in force from 8 October 2026 and GOV.UK, checked 11 October 2026. On many routes you can pay £1,000 extra for super priority, which usually gives a decision by the end of the next working day. English test costs vary by provider. Our consultation fees →
Get ready
Before you applyCheck your route, count your time and absences, and pass the Life in the UK test and any English test you need.
Apply and give biometrics
Up to 28 days earlyOnline application and fee, then fingerprints and photo at a service point. Don’t travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision.
Decision
Usually within 6 monthsWith super priority, usually by the end of the next working day. Complex cases can take longer.
Settled
No time limitLive, work and study freely. You lose ILR if you spend more than 2 continuous years outside the UK.
British citizenship
Usually 12 months after ILRIf you’re married to a British citizen, you can apply as soon as you have ILR, if you meet the 3-year residence and other requirements.
Avoid a refusal
Common 5-year ILR refusal reasons
Most refusals come down to counting and evidence, not eligibility. These are the issues we check first.
Applying too early
The earliest you can apply is 28 days before you complete your qualifying period. An earlier application may be refused, and the fee is lost.
We check: your exact start date and the first day you can apply.
Too long outside the UK
On work and Ancestry routes, more than 180 days abroad in any 12-month period breaks your continuous residence, wherever it falls in the 5 years.
We check: every trip against the rolling 12-month limit, and any exception that applies.
Counting time that doesn’t count
Fiancé(e) time, student time and, for Skilled Workers, time as a dependant don’t count. On the partner route, only time with the same partner counts.
We check: which periods count on your route, visa by visa.
Salary or income below the threshold
Skilled Workers must still be paid at least the salary for their job, confirmed by their sponsor. Partners must still meet the income requirement.
We check: which threshold applies to you and whether your evidence shows it.
The wrong or an expired test
Tests must be approved, at the right level, and taken in the 2 years before you apply. From 26 March 2027 the level rises to B2.
We check: your test or exemption before you book anything.
Past immigration or criminal issues
Overstaying, convictions, unpaid NHS debts or not declaring something can lead to refusal on suitability grounds.
We check: your history, and tell you plainly about any risk.
How we help
Our 5-year ILR services
Choose a one-off consultation, or let us handle your settlement application from start to finish for a fixed fee.
Eligibility consultation
We confirm which rules apply to your visa, count your time and absences, and give you the earliest date to apply.
Evidence review
We check your route documents, travel record and English and test evidence against the Rules.
Full application
We prepare and submit your application, with a cover letter that sets out how you qualify.
British citizenship
We help you apply to become British when you’re eligible.
Our scope: we’re regulated by the Immigration Advice Authority at Level 1. If you’re refused and need an appeal, we explain your options and refer you to a solicitor or higher-level adviser straight away.
FAQs
5-year ILR questions, answered
Which rules apply to my ILR application?
The rules for the visa you hold now. Partners and parents apply under Appendix FM, Skilled Workers under Appendix Skilled Worker and UK Ancestry visa holders under Appendix UK Ancestry, and each sets its own time, absence, income and English requirements. Your last Home Office decision letter shows which route you’re on.
How many days can I spend outside the UK?
On Skilled Worker, other work routes and UK Ancestry, no more than 180 days in any 12-month period across the whole qualifying period. Time away for serious illness, a death in the family or travel disruption from a natural disaster, conflict or pandemic doesn’t count. The 5-year partner and parent routes have no fixed day limit, but you must have lived in the UK continuously.
Can I apply before my 5 years are up?
Yes, up to 28 days before you complete your qualifying period. If you apply earlier, your application may be refused. Don’t let your visa run out while you wait: if it ends before you can apply, extend it first.
Does changing employer or partner restart my 5 years?
Changing sponsor doesn’t by itself restart the Skilled Worker 5 years, because time on any Skilled Worker visa counts, but your current sponsor must confirm your job and salary. On the partner route, only time with the same partner counts, so a new relationship means a new qualifying period.
Do I need to take an English test again?
Skilled Workers applying before 26 March 2027 don’t, because they proved their English for the visa; from that date they need B2. Partners, parents, UK Ancestry and dependants need B1 in speaking and listening now, and B2 from 26 March 2027, unless they’re exempt.
Can I travel while my application is being decided?
Not outside the UK, Ireland, the Channel Islands or the Isle of Man. If you do, your application is withdrawn. Plan any trips for before you apply or after you get your decision.
Can my partner and children settle with me?
Often yes, on the same application if they’re eligible. A Skilled Worker’s partner needs 5 years as their dependant, and adult family members need English and the Life in the UK test. Children usually settle when both parents are settling or settled; if they can’t yet, they can keep extending as your dependants.
Can I lose my ILR?
Yes, if you spend more than 2 continuous years outside the UK. To come back to live, you’d then need to apply for a Returning Resident visa (£726) and show strong ties to the UK. Shorter trips don’t affect your ILR.
Related routes
Other settlement routes
Ready when you are
Settled, sorted.
Book a consultation, or start with the free quick check on this page.