ILR or Indefinite Leave to Remain in the UK Your FAQs Answered by the Indefinite Leave to Remain Lawyers at OTS Solicitors

Posted onOctober 28, 2025

Indefinite Leave to Remain or UK settlement is the goal for many people who enter the UK on a visa and who hope to make the UK their home. In this article, our UK Immigration Solicitors answer your questions about ILR.

Our 2026 edition Legal 500 ranked Immigration Lawyers can help you with your Indefinite Leave to Remain application and settlement questions.

Contact OTS Solicitors Today for Expert Indefinite Leave to Remain Legal Advice.

Your Frequently Asked Questions on Indefinite Leave to Remain

Why should I apply for indefinite leave to remain?

If you are in the UK and you are subject to immigration control, then the likelihood is that you are living and working in the UK on a time-limited visa, such as:

A Skilled Worker Visa.
A Health and Care Worker Visa.
A Global Talent Visa.
A Global Business Mobility Visa.
An Innovator Founder Visa.

Successfully securing ILR means an end to repeat visa applications and the costs and hassle of Home Office applications.

If you are in the UK on a time-limited visa, it is crucial that you apply to extend your visa, switch visa, or leave the UK before your current visa expires. If you don’t apply for a new visa or leave the UK before you submit a new visa application, you risk jeopardising a future Indefinite Leave to Remain(ILR) application.

When should I apply for Indefinite Leave to Remain

You should apply for Indefinite Leave to Remain as soon as you meet the residence requirement applicable to your visa route and meet the general eligibility criteria.

It’s best to apply for ILR as soon as possible because:

You won't have to make repeat visa applications every few years.
With ILR, it is easier to prove your right to work and right to rent in the UK.
If you are in the UK on a visa that requires you to meet a continuing financial requirement, then once you have settled in the UK, you no longer must meet the financial requirement. Under current immigration rules, you can maintain your ILR status even if the family’s income reduces.
If you are a sponsored employee in the UK on a Skilled Worker Visa, Health and Care Worker Visa, or other sponsored route, you will no longer be restricted to working for an employer who holds a sponsor licence. You will be able to apply for any job and enjoy complete freedom of employment.
If you are in the UK on a Work Visa, your employer will no longer have to pay the immigration skills charge to continue to employ you. You will not need to pay visa application fees or the immigration health surcharge once you have ILR status.
If you are in the UK on a Business Visa, such as an Innovator Founder Visa, your business will no longer have to meet the complex immigration rules relating to companies owned by those in the UK on Innovator Founder Visas.
If you want to apply for British citizenship, you need ILR before you can make a British citizenship application.
ILR or UK settlement gives you the right to claim state benefits as if you were a British citizen.

Indefinite Leave to Remain Solicitors recommend that you consider making an ILR application as soon as you meet the eligibility criteria.

I have settled status under the EU Settlement Scheme. Do I need to apply for Indefinite Leave to Remain?

If you have settled status under the EU Settlement Scheme, you do not need to apply for ILR. That is because, like ILR, settled status is not time-limited.

Does Indefinite Leave to Remain make me a British citizen?

Indefinite leave to remain status does not make you a British citizen. It does, however, confer settled status on you. With settlement comes a range of benefits. Many people who secure ILR decide to apply for British citizenship because of the extra benefits of citizenship compared to ILR status.

An additional reason why you may want to convert your ILR status to British citizenship is that the Reform UK political party has said that if it is elected to govern the country, it intends to abolish ILR status. Under their proposed immigration policy, those with abolished ILR status would need to apply for a visa to remain in the UK or leave.

How long does Indefinite Leave to Remain last for?

Indefinite leave to remain lasts for an indefinite or non-time-limited time unless your ILR is taken away from you or relinquished. This can only happen in limited circumstances. Therefore, if you secure ILR, there is no legal or other requirement to apply for British citizenship. However, British citizenship may be your goal for personal, security or other reasons.

How could I lose my Indefinite Leave to Remain?

Under current UK immigration rules, you usually only lose your ILR status if you leave the UK for two years or longer. To return to the UK, you will need to meet the eligibility criteria for a Returning Visa.

The Reform UK political party’s proposals on immigration and UK settlement also mean that if the UK Reform Party is elected to govern at the next general election and manages to change the immigration law, then your ILR status could be abolished. The Conservative Party is currently proposing that people will lose their ILR status if they commit a crime, earn less than £38,700 for six months or more, or if they or any dependants claim state benefits.

UK Immigration Solicitors caution that we are some years away from a general election, and that all political parties may change their immigration policies or fail to win the election.

Is it hard to get Indefinite Leave to Remain?

UK Immigration Lawyers say that it isn’t always hard to get Indefinite Leave to Remain, but how hard it is will depend on the complexity of your personal and financial circumstances and the amount of time spent outside the UK whilst living in the UK on a visa.

Examples of situations where it may be harder to secure ILR include:

You have a criminal conviction.
The Home Office does not think that you have a good immigration record. For example, if you overstayed on a visa before applying for a visa extension.
If, during the time you were meeting the residence requirement, you were absent from the UK for periods longer than the absence thresholds, and your circumstances do not fit within one of the immigration rule exemptions.
You are struggling to prove that you meet the specific eligibility criteria relating to your visa route. For example, if you and your spouse find it hard to confirm that you meet the financial requirement for an ILR applicant applying to settle after entry on a Spouse Visa.

At OTS Solicitors, our specialist Immigration Lawyers are highly experienced in advising on complex settlement applications. They will advise if you meet the eligibility criteria and the best evidence required to help you secure settlement.

Can my family apply for Indefinite Leave to Remain?

If your family are living with you in the UK on Dependant Visas, then the likelihood is that they will meet the eligibility criteria to apply for ILR at the same time as you make your own ILR application. If they joined you in the UK after you secured your first visa, they will need to meet the relevant residence requirement before they can apply for ILR.

Can I vote in the UK with Indefinite Leave to Remain?

If you are politically minded, one thing you can't do with ILR is vote in general elections. To obtain the full right to vote in the UK, you will need to obtain British citizenship. There are other reasons why you may want to become a British citizen. Many people see Indefinite Leave to Remain as a stepping stone to British citizenship.

Will I lose my indefinite leave to remain if I leave the UK?

Under the immigration rules, you will lose your ILR status if you leave the UK for more than two years. This may be why you prefer British citizenship as a long-term solution: with it, you can leave the UK for as long as necessary.

Once I have Indefinite Leave to Remain, can I apply for British citizenship straight away?

If you applied for ILR after entry on a Spouse Visa, you can apply for British citizenship as soon as you secure ILR. Other applicants must have had ILR status for at least 12 months before being eligible to apply for British citizenship.

The Reform UK Party’s announcement of its intention to abolish Indefinite Leave to Remain and the Conservative Party’s draft proposals have prompted many ILR holders to consider whether a British citizenship application is the best safeguard.

What are the planned changes to ILR, and what is earned settlement?

The current UK Labour government has announced plans to change the ILR eligibility criteria and introduce earned settlement. The significant proposed changes are:

Extending the residence requirement from five years to ten years for some ILR applicants.
Enhancing the English language requirement.
Making the criteria for settlement ‘earned’ rather than through passage of time and a standard five-year residence requirement.

The government has not said whether the ILR reforms will only apply to applicants who enter the UK after the date the Indefinite Leave to Remain eligibility criteria are changed, or will apply to those who are currently living in the UK and hoping to apply for ILR as soon as they meet the current five-year residence requirement and general eligibility criteria.

Contact OTS Solicitors Today for Expert Indefinite Leave to Remain Legal Advice.

Contact us by phone or complete our online form to schedule an appointment at our London offices or arrange a phone or online consultation.

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