Indefinite Leave to Remain – Work Route

Indefinite Leave to Remain (ILR) under the work route represents the final stage for workers seeking permanent settlement in the United Kingdom. It provides long-term stability and confirms your right to live, work, and study in the UK without immigration restrictions. Once granted, ILR serves as a direct pathway to British citizenship.

The UK government recently announced plans to increase the qualifying residential period for indefinite leave to remain for UK workers from 5 years to 10 years. The proposal is yet to be confirmed. For more information, see UK Immigration Rule Changes 2025 Explained. 

What Is ILR on the Work Route?

Indefinite Leave to Remain on the Work Route is a form of permanent residence for individuals who have lawfully completed the required residence period in the UK under an eligible employment-based category. 

Once granted, ILR confirms that you are “settled” in the UK and no longer subject to immigration control. It removes the need for visa renewals, giving long-term workers security, employment freedom, and access to benefits and services.

A holder of ILR may:

• Work or change employers freely without sponsorship.
• Establish a business or become self-employed.
• Access healthcare and public funds (subject to eligibility).
• Travel in and out of the UK without restriction, subject to residence maintenance rules.

Requirements for Indefinite Leave to Remain under the Work Route

You may apply for Indefinite Leave to Remain under the Work Route if you:

• Hold a valid visa under an eligible work category (listed below).
• Have completed a continuous qualifying period (normally 5 years).
• Continue to meet all the conditions of your sponsored employment (where applicable).
• Have maintained lawful residence with no breaks or overstaying.
• Have passed both the Life in the UK Test and English language requirement.
• Are of good character and free from serious criminal convictions.

You cannot apply if:

• You are still within your probationary or short-term work period (less than 5 years).
• You are on a temporary or unsponsored route (such as Graduate or Youth Mobility).
• You have breached immigration conditions or exceeded permitted absences.

When to Apply for ILR Work Route

Before applying for settlement, ensure that you meet all eligibility requirements under the relevant Work Route.  You must not submit your application earlier than 28 days before completing your qualifying residence period. Submitting too early may result in refusal and loss of the application fee.

eVisa for Indefinite Leave to Remain

As part of your settlement application, you will also be applying for an eVisa, a digital immigration status that records your permission to live and work in the UK electronically, rather than as a physical visa vignette or Biometric Residence Permit (BRP).

The eVisa system is being introduced by the Home Office to modernise UK immigration records. Once granted, your immigration status will be linked to your passport and accessible online through your UKVI account. This allows you to prove your right to reside, work, and access services in the UK digitally.

You will be required to verify your identity using the UK Immigration: ID Check app or by attending a biometric enrolment appointment, depending on your circumstances. After approval, you should ensure that your online UKVI account details, including your passport number and contact information, remain accurate and up to date, as these are essential for accessing your eVisa.

Eligible Work Route Visa Categories For ILR

The following work categories typically qualify for Indefinite Leave to Remain:

• Work permit holder, including, Skilled Worker, Health and Care Worker or Tier 2 (General), T2 Minister of Religion or Tier 2 (Minister of Religion), International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
• Dependant of work permit holder
• PBS dependant
• UK Ancestry
• Employment not requiring a work permit
• Businessperson
• Innovator
• Investor
• Self-employed lawyer
• Writer, composer or artist
• Tier 1 (Entrepreneur) migrant
• Tier 1 (Entrepreneur) migrant – accelerated route
• Tier 1 (Investor) migrant
• Tier 1 (Investor) migrant – accelerated route
• Bereaved partner
• Other purposes not covered by other application forms

‘T2’ visas have replaced ‘Tier 2’ visas. If you have a Tier 2 visa, you can still apply for indefinite leave to remain if you meet the requirements.

Each route has unique qualifying criteria and residence requirements, so applicants must ensure their specific visa category is still valid at the time of application.

If you’ve had more than one work visa

In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:

• Any Tier 1 visa – except Tier 1 (Graduate Entrepreneur)
• Skilled Worker, Health and Care Worker or Tier 2 (General)
• Scale-up Worker
• T2 Minister of Religion or Tier 2 (Minister of Religion)
• International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
• Innovator Founder
• Global Talent
• Representative of an Overseas Business

Qualifying Residence Period

Most applicants require 5 continuous years of lawful residence in the UK under the same or a combination of qualifying work routes.

For Global Talent, Innovator Founder, or Tier 1 (Investor) visas, the qualifying period may be 3 years.

Absences must not exceed 180 days in any 12-month period during the qualifying residence.

To demonstrate continuous residence:

• Maintain consistent UK employment or business activities.
• Keep detailed travel records and employer confirmations for overseas work.
• Explain any extended absences due to employment, medical, or compassionate reasons.

English Language Requirement

You must demonstrate English language proficiency to at least B1 level (speaking and listening) under the CEFR scale.

This can be met by:

• Passing an approved Secure English Language Test (SELT) at a UKVI test centre.
• Holding a UK degree or a recognised overseas degree taught in English (verified by UK ENIC).
• Being a citizen of a majority English-speaking country (e.g., USA, Canada, Australia).

Exemptions apply if you are 65 or older or have a long-term medical condition preventing you from meeting the requirement.

Life in the UK Test

All applicants aged 18–64 must pass the Life in the UK Test before applying. The test assesses your knowledge of British values, history, and society.

Financial Requirement for ILR (Work Route)

Applicants for Indefinite Leave to Remain (ILR) through a work route must continue to receive a salary that meets the minimum level appropriate for their sponsored role. This requirement confirms that the employment remains genuine, necessary, and consistent with the conditions under which the visa was granted.

The Home Office will assess whether the applicant is still employed by their sponsoring organisation, whether the role continues to meet the required skill and pay level, and whether the salary is in line with the going rate for the occupation. Employers must confirm that the role is ongoing and that the applicant’s pay reflects the normal rate for equivalent settled workers.

Transitional Salary Arrangements

Some applicants who began their immigration journey under previous work visa categories may benefit from transitional arrangements. These are designed to ensure that individuals who have maintained continuous permission in the UK are not disadvantaged by subsequent updates to salary frameworks or occupation codes.

Under these arrangements, certain long-term workers may be allowed to include specific guaranteed allowances within their salary package, provided these are regularly paid and available to comparable employees in the same role. They may also continue to rely on the salary structure in place when they first entered the route, so long as their employment and sponsorship remain continuous and their application is made within the permitted timeframe.

These transitional provisions are time-limited and apply only to those who have maintained unbroken permission under qualifying work categories. New applicants must meet the salary thresholds in effect at the time they apply.

Genuineness and Ongoing Employment

In addition to meeting financial thresholds, all ILR applicants must demonstrate that their employment is genuine and ongoing. 

Dependants and Family Members

Your partner and dependent children may apply for ILR at the same time, provided they have completed 5 years as dependants under your visa.

Children born in the UK can be registered as British citizens once a parent attains ILR, avoiding the need for a separate ILR application.

How To Apply Using Application Form SET(O)

The ILR application is submitted online through the official GOV.UK platform. Applicants must remain in the UK until a decision is made.

Step 1: Complete the SET(O) Application Form

Access the form online, answer all questions carefully, and pay the fee.

Step 2: Upload Supporting Documents

Upload your documentation through the UKVCAS portal, including passport, employment evidence, Life in the UK certificate, and English proof and supporting documents. 

Step 3: Attend Biometric Appointment

Book an appointment at a UKVCAS service centre to submit fingerprints and photographs.

Step 4: Await a Decision

The Home Office will email you once a decision is made. 

Documents Required For SET(O) Application

Typical documents include:

• Current and previous passports.
• Current Biometric Residence Permit (BRP).
• Employer confirmation letter (confirming ongoing employment, salary, and SOC code).
• Payslips and corresponding bank statements.
• P60s for the qualifying period.
• Life in the UK test certificate.
• English language evidence.
• Travel history (absences schedule and supporting employer letters).

The specific documentation required in your application will depend on your circumstances. 

ILR (Work Route) Application Fees and Costs

Process	Fees
ILR (SET(O)) Standard Application	£3029 per applicant
Priority (5 working days – if available)	+£500
Super Priority (Next working day – if available)	+£1,000
Life in the UK Test	£50
English Test (B1 SELT)	£150–£200

No Immigration Health Surcharge (IHS) is payable for ILR.

Indefinite Leave to Remain SET(O) Processing Times

The Home Office offers priority service options for Indefinite Leave to Remain applications. Under the standard service, most decisions are made within approximately six months. A faster priority service is available in some cases, with decisions typically issued within five working days, while the super priority service aims to provide a decision within 24 hours of the biometric appointment.

Processing times may vary depending on demand and availability. Delays can occur in more complex cases, particularly where the Home Office needs to conduct additional checks related to absences, salary evidence, or character and criminality assessments.

After Indefinite Leave to Remain Is Granted

Once Indefinite Leave to Remain is granted, you are considered permanently settled in the UK. You may live, work, or study without immigration restrictions and, where eligible, access public funds. Your permission is no longer tied to a sponsoring employer, and you do not require a Certificate of Sponsorship or sponsor licence to continue working.

ILR holders are also classed as “settled persons,” meaning you can sponsor eligible family members to join you in the UK under the relevant immigration categories.

Can ILR Be Lost?

Indefinite Leave to Remain is a permanent status, but can be lost in certain circumstances. Your ILR will lapse automatically if you remain outside the UK for two or more continuous years. It may also be revoked if it was obtained through deception or false representation, or if you are convicted of a serious offence and become subject to deportation.

If your ILR lapses due to a prolonged absence, you may apply for a Returning Resident Visa to resume your settled status. In such cases, you must demonstrate strong and ongoing ties to the UK, such as family connections, property ownership, or long-term business interests.

Common Reasons for Refusal for ILR Work Route

Indefinite Leave to Remain applications can be refused for a range of technical or evidential reasons. The most frequent include:

• Absences from the UK exceeding permitted limits;
• Salary falling below the required threshold;
• Gaps in lawful residence or leave to remain;
• Incomplete, inconsistent, or incorrect documentation;
• Failing to meet the English language or Life in the UK test requirements.

Even minor discrepancies in documentation or calculation can lead to refusal. Applicants should ensure that all evidence aligns with the current eligibility and procedural requirements, including the relevant immigration appendices and Home Office guidance, before submitting their application.

Pathway to British Citizenship

After holding ILR for 12 months, you may apply for naturalisation as a British citizen.

If married to a British citizen, you may apply immediately after ILR, provided residence and good character requirements are met.

Citizenship applicants must:

• Have been lawfully resident for at least 5 years (or 3 if married to a British citizen).
• Have no more than 90 days of absence in the last 12 months.
• Continue to satisfy Life in the UK and English requirements.

How Whytecroft Ford Can Help

At Whytecroft Ford, our immigration team can provide professional guidance on Indefinite Leave to Remain (SET(O)) applications under all work visa categories. 

We assess your eligibility and continuous residence, review and prepare your supporting documents, and draft a detailed legal cover letter demonstrating compliance with the relevant immigration rules and appendices. 

Our team advises on absences, salary thresholds, and any applicable transitional arrangements, ensuring your application is accurate, compliant, and strategically prepared. We also manage submission and representation before the Home Office to give your application the best possible chance of approval.

How Whytecroft Ford Can Help

At Whytecroft Ford, our immigration team can provide specialist guidance on Indefinite Leave to Remain (SET(O)) applications across all work visa categories. We focus on ensuring that every application is accurate, compliant, and strategically presented to strengthen your prospects of approval.

Our services include:

• Comprehensive assessment of eligibility and residence history;
• Review and preparation of all supporting documentation;
• Preparation of a detailed legal cover letter and compliance analysis;
• Tailored advice on absences, salary levels, and continuous residence;
• Submission of the completed ILR application to the Home Office and liaison throughout the process.

We combine technical accuracy with practical up-to-date insight, ensuring your ILR application is clear, compliant, and professionally prepared from start to finish.

Contact Whytecroft Ford

For expert assistance with your ILR application, contact our friendly professional team on 0208 757 5751 or use our contact form.