An applicant for Indefinite Leave to Remain must show they have completed the qualifying period based on their immigration category at the date of application. That qualifying period varies from 3, 5 and 10 years. The starting date of the qualifying period is determined by the category held. An application made before the qualifying period is complete may be refused. This post provides an overview of the qualifying periods and start dates for the main settlement application categories.
On this page
Rule changes proposed for 2026
Rules that apply to every application
Family categories, governed by Appendix FM (Family Migration)
Immigration categories governed by Appendix Continuous Residence
- When can I apply for ILR as a Skilled Worker?
- Can I apply for ILR sooner than 5 years?
- When can I apply for ILR as a Global Talent or Innovator Founder?
- When can I apply for ILR on the BN(O) route?
- When can I apply for ILR under the UK Ancestry visa?
- When can I apply for ILR under Long Residence?
- When can I apply for ILR as a student?
Absences, timing and the date of application
- How many days of absence are allowed before ILR?
- What happens if I apply for ILR too early?
- How do I check when I will be eligible for ILR?
- Timeline in practice
- Frequently asked questions
- How Whytecroft Ford can help
What are the new rules for indefinite leave to remain in 2026?
The qualifying periods are unchanged for 2026. The reform that would lengthen them has been proposed and consulted on, and it has not been brought into force.
An application is decided under the Immigration Rules that are in force when it is decided. A proposal that has not been written into the Rules has no bearing on a qualifying period that is running now.
The reform originates in the 2025 Immigration White Paper, Restoring control over the immigration system. Paragraph 264 states that the expansion of the Points-Based System “will increase the standard qualifying period for settlement to ten years”. Paragraph 265 would keep a 5-year pathway for non-UK dependants of British citizens who have remained compliant with their requirements.
The White Paper proposes that a person could reduce the qualifying period through contributions to the UK economy and society. The 10 years would operate as a starting point rather than a fixed term.
That model went to public consultation as Earned settlement, with its documents published as A Fairer Pathway to Settlement. GOV.UK states on the earned settlement consultation page that it is analysing the feedback, and no outcome has been published.
One element of the White Paper has been made law separately. SW 22A.1 of Appendix Skilled Worker raises the settlement English language requirement from level B1 to level B2. It applies where the date of application falls on or after 26 March 2027.
Is ILR increasing to 10 years?
No, not under the current rules. Ten years is proposed at paragraph 264 of the 2025 Immigration White Paper as the standard period for settlement. The Immigration Rules have not been amended to adopt it.
The proposal was consulted on as Earned settlement, which closed on 12 February 2026, and no government response has been published.
Long Residence already carries a 10-year qualifying period under the Rules as they stand, and it does not result from the proposed reform.
Our guide to earned settlement sets out the proposed model.
What rules apply to every ILR application?
Two rules apply across every category. An application can be made up to 28 days before the qualifying period is complete. The Knowledge of Language and Life in the UK requirement must be met at the date of application.
Most settlement routes require Knowledge of Language and Life in the UK (KoLL). Applicants on those routes must meet both parts of the requirement. An applicant is exempt because of their age, or because of a physical or mental condition.
The KoLL requirement asks applicants to demonstrate proficiency in the English language to the required level. They must also have passed the Life in the UK test. An applicant aged 65 or over, or aged under 18, is exempt.
Neither part can be satisfied after submission. An application filed while a test is still outstanding does not become valid when the test is later passed.
Our guide to settlement and ILR sets out the requirements for each route.
How early can I apply for ILR?
Usually, up to 28 days before the qualifying period is complete. This is subject to the rules and requirements of the immigration category at the date of application.
On routes governed by Appendix Continuous Residence, residence is counted backwards to one of three dates, whichever is most beneficial to the applicant. Those dates are the date of application, any date up to 28 days after it, and the date of decision.
The 28 days runs from the date the qualifying period completes, and not from the expiry of current permission. Where a visa expires before the period is complete, the permission is extended first and the settlement application follows once the period is met.
When can I apply for ILR as a spouse or partner?
A person who holds permission as a Spouse or Partner can apply on completing the 5-year qualifying period in the UK. The application can be made up to 28 days before that point. GOV.UK sets the earliest date for a parent or partner with a family visa at 28 days before the time requirement is met. An application made earlier may be refused.
The qualifying period begins when the applicant first entered the UK with leave to enter as a partner. Where they switched into the partner route from within the UK, it begins on the date the application was granted. For an applicant who entered the UK as a fiancé, the qualifying period begins on the grant of leave as a partner following the marriage.
Appendix FM sets out four requirements that must be met at the date of application:
- 60 months of continuous residence in the UK as a partner;
- valid leave to remain as a partner under Appendix FM, held in the UK;
- all the eligibility requirements for leave to remain as a partner; and
- the knowledge of language and life requirement.
Only time held as a partner is counted, and only time with the same partner, so periods with different sponsors cannot be added together. Time as a fiancé, fiancée or proposed civil partner is disregarded.
Whytecroft Ford’s advisers can establish the 60-month start date where an applicant entered as a fiancé, or held permission with more than one sponsor. Call 0208 757 5751 or use the contact form.
Our guide to ILR as a partner sets out the application requirements and process.
When can I apply for ILR as a child?
A child applies once the parent is settled. There is no separate qualifying period for a child. The application can be made at the same time as the parent’s, or at any point after the parent has settled.
Paragraph 298 sets four requirements a child must meet:
- a parent or close relative is present and settled in the UK, or is being admitted for settlement at the same time;
- the child holds, or has held, limited leave to enter or remain, and is under 18 or was given leave with a view to settlement;
- the child is unmarried, is not leading an independent life, and has not formed an independent family unit; and
- the child can be accommodated and maintained adequately without recourse to public funds.
The first requirement is met in any of four situations:
- both parents are present and settled in the UK
- one parent is settled and the other has died
- one parent is settled and has had sole responsibility, or the child normally lives with that parent
- a settled close relative is the only family able to care for the child
A child aged 18 or over must also meet the knowledge of language and life requirement. This applies where they were admitted under paragraph 302, Appendix FM, 319R or 319X.
When can I apply for ILR as a Skilled Worker?
A Skilled Worker can apply after completing 5 years of continuous residence in the UK. For those who applied from outside the UK, the 5 years runs from the date that entry clearance was granted. The time between the grant of entry clearance and the date of arrival is a period during which applicants hold permission on that route. It is treated as a period of lawful residence, and it counts towards total absences. Those who applied inside the UK, having switched from a different immigration category, count from the date the permission was granted.
The 5 years need not be spent entirely on the Skilled Worker route. Permission held on any one, or any combination, of the following routes counts:
- Skilled Worker
- Global Talent
- Innovator Founder
- T2 Minister of Religion
- International Sportsperson
- Representative of an Overseas Business
- Scale-up
- Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur)
The most recent grant of permission must have been as a Skilled Worker. Time held as a dependant is not counted towards an applicant’s own qualifying period.
Three other work routes carry the same 5-year qualifying period, being Scale-up Worker, T2 Minister of Religion and International Sportsperson.
An applicant applying on or after 26 March 2027 must show English language ability at level B2, unless an exemption applies.
Whytecroft Ford’s advisers can establish a qualifying date from the entry clearance grant date and the applicant’s route history. Call 0208 757 5751 or use the contact form.
Our guide to ILR on the work route covers the settlement stage, and our Skilled Worker visa guide covers the underlying requirements.
Can I apply for ILR sooner than 5 years?
Only on two routes. Innovator Founder qualifies after 3 years, as does Global Talent on the endorsements listed below. No other route permits settlement before its own qualifying period is complete.
A shorter period is a feature of the route rather than a concession an applicant can request. An applicant on a 5-year route cannot convert it to a shorter one by meeting additional requirements.
When can I apply for ILR as a Global Talent or Innovator Founder?
An Innovator Founder can apply after 3 years. A Global Talent applicant can apply after 3 years or 5 years, depending on the endorsement held.
INNF 18.1 of Appendix Innovator Founder requires at least 3 years in the UK with permission as an Innovator Founder.
GT 11.1 of Appendix Global Talent sets a 3-year qualifying period in three cases:
- endorsed by the Royal Society, the British Academy, the Royal Academy of Engineering or UK Research and Innovation
- endorsed under the exceptional talent criteria by Arts Council England or Tech Nation
- granted the initial application using a prize listed in Appendix Global Talent: Prestigious Prizes
GT 11.2 sets a 5-year qualifying period where the applicant was endorsed under the exceptional promise criteria by Arts Council England or Tech Nation. Appendix Continuous Residence is applied to whichever period governs, under GT 12.1. On both routes the qualifying period runs from the grant of entry clearance.
Our Global Talent visa and Innovator Founder visa guides set out the route requirements.
When can I apply for ILR on the BN(O) route?
A BN(O) applicant can apply after 5 years. Where the applicant entered on entry clearance, the period is counted from the date that entry clearance was granted.
HK 62.1 of Appendix Hong Kong British National (Overseas) requires 5 years of continuous permission in the UK. That permission must be held on a route under which a person can settle.
The most recent grant of permission must have been on the Hong Kong BN(O) route. Time on other settlement routes is counted towards the 5 years, so an applicant who held Skilled Worker permission before switching may count that period.
The period between the grant of entry clearance and arrival in the UK counts towards the applicant’s absences.
When can I apply for ILR under the UK Ancestry visa?
A person with UK Ancestry can apply after 5 years, and those 5 years do not have to be the most recent.
UKA 13.1 of Appendix UK Ancestry requires 5 years in the UK with permission on the route.
UK Ancestry is the one route on which the most recent grant of permission need not be on the route being settled under. An applicant may rely on any continuous 5-year period held with permission as a person with UK Ancestry. That period need not fall within their most recent grant.
Where the last grant was on a different route, the 5 years is counted back from the applicant’s most recent permission under Appendix UK Ancestry.
Our guide to the UK Ancestry visa sets out the route requirements.
When can I apply for ILR under Long Residence?
An applicant can apply after 10 years, and up to 28 days before that period is complete.
Appendix Long Residence requires 10 years spent lawfully in the UK, and permission on most routes is counted towards it. Permission under the Appendix Ukraine Scheme is excluded, as is permission as a Visitor, a Short-term Student (English language) or a Seasonal Worker.
Under LR 11.2, time on immigration bail, temporary admission or temporary release is not counted. A period of overstaying between periods of permission is not counted.
The applicant must also have held permission on their current immigration route for at least 12 months at the date of application. The alternative is exemption from immigration control for the 12 months immediately before it. LR 11.4 disapplies that requirement where the applicant’s current permission was granted before 11 April 2024.
Appendix Continuous Residence applies across the whole 10 years.
Our guide to long residence ILR sets that route out in full.
When can I apply for ILR as a student?
A student can apply after 10 years, under Long Residence. The student route does not itself lead to settlement. Time held on it is not counted towards the qualifying period on a work route or a family route.
Under LR 11.1 of Appendix Long Residence, permission on most routes is counted towards the 10 years. Student permission and Graduate route permission are both included, where the residence was lawful and continuous. Permission as a Visitor, as a Short-term Student (English language) or as a Seasonal Worker is excluded.
An applicant switching from the student or Graduate route to Skilled Worker begins the 5-year qualifying period on the grant of Skilled Worker permission. Time held on the earlier routes does not carry across.
Our guide to the student visa sets out the route requirements.
How many days of absence are allowed before ILR?
No more than 180 days in any 12-month period, on most routes. This applies to absences starting on or after 11 April 2024, on every route governed by Appendix Continuous Residence.
Where an absence exceeds the limit, continuous residence is broken and the qualifying period begins again on the applicant’s return.
For applications under Appendix Long Residence, absences that started before 11 April 2024 are assessed against a limit of 184 days in any single absence.
Under section 6.6 of the continuous residence guidance, the periods outside the UK counted towards the absence limit are:
- any period when permission remained valid
- any period without a grant of permission
- any period while an application was under consideration
- any period before entry to the UK, once entry clearance had been granted
The 5-year partner route is governed by Appendix FM and is not subject to the 180-day rolling cap. The requirement on that route is a continuous period of 60 months in the UK as a partner.
Whytecroft Ford’s advisers can check an absence count against the actual departure and return dates before an application is submitted. Call 0208 757 5751 or use the contact form.
What happens if I apply for ILR too early?
The application can be refused. A refused applicant remains on limited permission. Where that permission is close to expiry, an extension application may be required before the qualifying period can be completed.
Section 3C of the Immigration Act 1971 extends permission on the same conditions. It applies where an in-time application has not been decided before the current permission expires.
Our guide to common ILR refusal reasons sets out the wider set of avoidable errors.
How do I check when I will be eligible for ILR?
To check what date you will be eligible for Indefinite Leave to Remain in the UK, you must:
- Identify the immigration category of the permission you currently hold, as your application is normally made under that same category. It determines both the length of your qualifying period and the date on which it starts.
- Establish the date that permission was granted. On categories governed by Appendix Continuous Residence your qualifying period runs from the grant of entry clearance, so it starts before you arrive. On the 5-year partner category it runs from the date you entered as a partner, or from the date your switch was granted.
- Identify the qualifying period for your category, being 3, 5 or 10 years.
- Count forward from your start date by that period. This gives the date your qualifying period completes.
- Count back 28 days from that date. This is usually the earliest date you can apply.
Two things can move the date that calculation gives you.
Your absences must be checked across the whole qualifying period, using the exact dates you left and returned. The period between the grant of your entry clearance and your arrival in the UK is included. The total is measured against the limit for your category. An absence beyond that limit breaks your continuous residence and restarts the qualifying period.
You must also show your English language ability before the date at step 5. If you are aged 18 to 64, you must pass the Life in the UK test. Neither can be met after you apply. An outstanding test therefore moves your application date, even where your qualifying period is already complete.
Our guide to the ILR supporting documents checklist sets out the evidence required to prove the qualifying period.
Timeline in practice
A Skilled Worker was granted entry clearance on 1 March and entered the UK on 1 May, then extended once with the same sponsor. The qualifying period runs from 1 March, and the 2 months before arrival are treated as lawful residence and counted towards the absence total. An application is permitted from 28 days before the fifth anniversary of 1 March.
A partner entered on a 6-month fiancé visa and married in the UK. They were granted leave as a partner for 33 months, then extended for 30 months. The 60 months runs from the grant of leave as a partner, because the fiancé period is disregarded. An application is permitted from 28 days before the 60 months is complete.
A graduate studied in the UK for 3 years, spent 2 years on the Graduate route, and switched to Skilled Worker 4 years ago. On the work route the qualifying period completes in 1 year. Under Appendix Long Residence the 10 years completes sooner, because the study and Graduate years are counted.
A decision is normally issued within 6 months of biometric enrolment, or sooner on the super priority service. Travel outside the UK, Ireland, the Channel Islands or the Isle of Man withdraws a pending application. Our guide to the ILR timeline covers processing times.
Frequently asked questions
Is the qualifying period counted from arrival in the UK?
Not on most routes. On routes governed by Appendix Continuous Residence it runs from the grant of entry clearance, so the clock starts before the applicant lands. On the 5-year partner route it runs from entry to the UK as a partner.
Does a change of employer reset the qualifying period for a Skilled Worker?
No. The new permission must be on a route that counts towards the qualifying period, with no gap between the two grants. The applicant must apply to update their visa before starting the new role.
Can time on two different routes be added together?
Yes, where both routes appear on the qualifying list for the settlement application being made. The most recent grant must be on the route being settled under, subject to the UK Ancestry and Long Residence exceptions.
Does a period of overstaying reset the qualifying period?
No. Where paragraph 39E of the Immigration Rules applies, the period without permission does not break continuous residence, and it is not counted as lawful presence. The qualifying date moves later by the length of the gap.
How Whytecroft Ford can help
The Immigration Rules are vast and complex, and they are subject to regular change. A successful application must satisfy the requirements in place at the date of application.
Whytecroft Ford’s advisers establish the qualifying date from the applicant’s immigration history and identify the framework governing the category. The team calculates the absence position against the limit that applies. We confirm the Knowledge of Language and Life in the UK requirement is satisfied, and prepare the settlement application. We advise on the work routes, the BN(O) route, the UK Ancestry route, the family routes and Long Residence.
To have a qualifying date checked before applying, call the experienced and friendly Whytecroft Ford team on 0208 757 5751 or use the contact form.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
