Indefinite Leave to Remain (ILR) is permanent residence. Most employment routes reach ILR after a set qualifying period (often 5 years), provided you meet continuous residence, absence limits, and knowledge of language/life rules, and you pass general suitability checks. Use this chapter to understand what evidence to keep and how to pick a safe application date.
Rules change. This page uses plain-English summaries without quoting live thresholds. Always verify against current official guidance before you apply.
Eligibility at a glance
Before the details, here’s the big picture you’ll need to satisfy:
- Continuous residence on the relevant route for the required length (often 5 years).
- Absences within the limit for any rolling 12-month window during the qualifying period.
- Knowledge of English and a Life in the UK Test pass (unless clearly exempt).
- Ongoing compliance with your route at the time of application (e.g., employment route still meets its rules).
- Suitability: no issues that would normally lead to refusal (e.g., serious criminality, deception).
Continuous residence — how the clock usually runs
The qualifying period is the time you lawfully spend on the relevant route (or a combination, if the rules allow) without breaking continuity.
- Start point (practical rule of thumb): many routes count from the later of your first grant start date and your date of entry to the UK on that route. If those dates differ, use the later one when planning.
- Breaks in residence: certain gaps, overstays, or switching to a non-qualifying route can interrupt the clock.
- Combining routes: only some routes can be combined toward ILR; others require the whole period in the same category. Check your route’s rules.
If your dates are close or you’ve switched categories, plan conservatively and confirm your exact start date with current guidance.
Absence rule — rolling 12-month windows
The most common reason ILR plans slip is travel. Absences are checked across rolling 12-month windows within your qualifying period.
- Typical limit: up to 180 days outside the UK in any rolling 12 months (route rules vary; verify yours).
- Rolling means dynamic: as older absences “roll out” of the last 12 months, your total can drop below the limit again.
- All reasons count: business and personal travel usually both count. Keep simple evidence of dates in case you’re asked.
- Borderline cases: if a planned trip would push you near/over a window, consider delaying until earlier absences fall out.
Use our ILR Calculator to estimate your period start, base date, and a safe earliest application date, and to scan for heavy windows. It’s a helper, not legal advice.
Knowledge of English & Life in the UK
Most ILR routes require both, unless you’re clearly exempt.
- English: show an approved test at the required CEFR level or a degree taught in English confirmed via ECCTIS (where allowed) or nationality-based exemptions (where listed).
- Life in the UK Test: book at an approved centre and use the exact ID you’ll bring on the day. Keep the pass reference safe.
- Re-use: passes are generally re-usable for future applications; keep digital copies in your ILR folder.
Route-specific note (employment routes)
- You normally must still meet the route rules at the time of ILR (e.g., genuine ongoing role, qualifying salary for your code/route as per current guidance).
- An employer letter confirming your role and that you’re required going forward is commonly provided.
- Keep recent payslips and HR letters readily available.
Documents — what to keep ready
A lean, well-named pack helps you submit with confidence.
- Identity & status: current passport; any previous passports used in the qualifying period; eVisa login (or legacy BRP if applicable).
- Residence & work: recent payslips, employer letter (role, code if relevant, employment continues), and address evidence if requested.
- Absences evidence: a simple travel log plus tickets/boarding passes where helpful.
- Knowledge of English: test result or ECCTIS letter (if used) or exemption evidence.
- Life in the UK: pass confirmation/reference.
- Translations: certified translations for any non-English documents (include originals and translation).
Choosing a safe application date
Avoid last-minute surprises by checking your windows and using the common early-application buffer.
- Check your windows: confirm you’re within the absence limit for every rolling 12 months up to your intended date.
- Early window: many routes allow applying up to 28 days early relative to the date you complete the qualifying period. Verify your route’s current rule before relying on it.
- If close to the limit: consider waiting days/weeks until a heavy absence drops out of the rolling window.
Common pitfalls (and quick fixes)
Miscounted absence days
Track exact exit/entry dates and use a consistent counting method. If near a limit, keep tickets/boarding passes. Re-check heavy months with a rolling-window tool before picking a date.
Unclear start date for the qualifying period
When first grant and UK entry differ, many routes use the later date. If you’ve switched routes, confirm which periods qualify. Plan conservatively and verify against current guidance.
Relying on the wrong English proof
Use an approved test type at the required level, or ECCTIS confirmation where allowed. Out-of-date tests cause delays — check validity before applying.
Employment route compliance gaps
Ensure your current role, occupation code (where relevant), and salary meet the route’s rules at application time. Get an employer letter confirming ongoing employment.
Documents in photos / hard to read
Upload straight, legible PDFs (combine multi-page documents). Name files clearly: passport.pdf, payslips-3months.pdf, life-in-the-uk-pass.pdf.
Checklists (copy/paste)
Readiness check
- [ ] Qualifying route & period confirmed (start date understood)
- [ ] Absences within limit for every rolling 12-month window
- [ ] English proof ready (or exemption)
- [ ] Life in the UK pass on file
- [ ] Employment route: payslips + employer letter ready
- [ ] Translations prepared where needed
Evidence pack
- [ ] Passport(s) and status evidence (eVisa login / BRP if applicable)
- [ ] Travel log + key tickets/boarding passes
- [ ] Employer letter confirming ongoing employment (if relevant)
- [ ] English test/ECCTIS document or exemption evidence
- [ ] Life in the UK pass confirmation/reference
- [ ] Clean PDFs with clear filenames
FAQs
When does my ILR clock start — first grant or entry date?
Many routes treat the start as the later of the first grant’s start date and your UK entry for that grant. If you entered much later than the grant start, plan using the later date and verify with current guidance.
Do business trips count toward the absence limit?
Generally yes — time outside the UK counts regardless of reason. Keep a simple record and, if asked, provide brief employer letters confirming business travel dates.
Can I apply 28 days early?
Many routes allow applying up to 28 days before you complete the qualifying period. Confirm your route’s current policy before relying on this buffer.
Do I need to stay with the same employer for ILR?
It depends on your route and timing. Employment routes usually require you to meet the route’s rules at the point of ILR (ongoing genuine role, qualifying salary, etc.). If you plan to change, consider the impact on timing and eligibility and check the current rules.
How are departure and return days counted?
Counting can be nuanced and depends on current guidance. As a practical approach, track full days outside the UK and keep exact travel timings. If you’re near a limit, verify the counting method for your route.
Do I pay the Immigration Health Surcharge for ILR?
No — ILR applications don’t include IHS. You still pay the ILR application fee and any service upgrades if available.
Information only — not legal advice. For edge cases (route switches, heavy travel, borderline windows), verify the latest rules and consider speaking to an OISC-registered adviser.