Understanding 5-Year and 10-Year ILR Routes in the UK

Blog Article

Securing Indefinite Leave to Remain (ILR) in the UK is a major step for anyone who has made the UK their home. It marks the end of immigration restrictions and opens the door to long-term stability, access to public services, and eventually, British citizenship.

However, not everyone reaches ILR through the same path. The Home Office provides multiple routes to settlement, the most common being the 5-year and 10-year ILR routes in the UK. These are based on different types of visas, lengths of lawful stay, and specific immigration histories.

Understanding the 5-year and 10-year ILR routes in the UK is crucial to avoiding costly delays, refusals, or gaps in lawful residence that could reset your progress toward settlement. Whether you’re on a Skilled Worker visa, a Spouse visa, or have built up a decade of lawful residence under various visas, it’s important to know which route applies to you — and what you need to prepare.

At Axis Solicitors, we’ve helped thousands of individuals and families achieve permanent settlement in the UK through both the 5-year and 10-year ILR pathways. With changing Home Office rules and tightening documentation standards, getting reliable legal support has never been more essential.

In this blog, we’ll walk you through:

What ILR is and why it matters

How the 5-year and 10-year ILR routes differ

Who qualifies for each route

What documents and requirements apply

Common pitfalls and how to avoid them

How Axis Solicitors can support your application

What is ILR and Why It Matters

Indefinite Leave to Remain (ILR) is a highly significant immigration status that grants individuals the right to settle in the United Kingdom on a permanent basis. With ILR, there are no longer any time restrictions on how long a person can live, work, or study in the UK, making it one of the most desirable milestones for non-British nationals seeking long-term residence. In addition to enjoying full access to employment and educational opportunities, ILR holders can also make use of most public services, such as the National Health Service (NHS), and may become eligible for certain welfare benefits, depending on individual circumstances.

One of the most important advantages of ILR is that it provides a solid pathway to British citizenship, which can be applied for after a qualifying period, usually 12 months following the grant of ILR. Furthermore, individuals who have obtained ILR are permitted to sponsor family members, such as spouses, children, or elderly dependants, to join them in the UK—allowing for family reunification and the ability to build a stable life together.

ILR also removes the need for further visa renewals, thus offering both financial and emotional relief from the burdens of continuous immigration applications. It symbolises a deep level of integration into British society and offers the long-term security needed to plan for the future with confidence. Whether you are working towards career development, starting a family, or contributing to your local community, Indefinite Leave to Remain enables individuals to fully participate in and contribute to life in the UK.

How do 5-Year ILR Route and 10-Year ILR Routes in the UK Differentiate

The 5-year and 10-year plans are routes to obtaining Indefinite Leave to Remain (ILR) in the UK, with the primary difference being the duration of continuous and lawful residence required. Here's a concise breakdown:

5-Year Plan

Qualifying Period: Requires 5 years of continuous lawful residence in the UK.

Eligible Visas: Typically for individuals who have spent 5 years on specific visa categories like Skilled Worker, Global Talent, Family visas, etc.

Absence Limit: Generally, no more than 180 days outside the UK in any 12-month period.

Financials: Often involves meeting specific financial requirements depending on the visa category.

10-Year Plan:

Qualifying Period: Requires 10 years of continuous lawful residence in the UK.

Eligible Visas: More flexible, can include time spent under various immigration categories as long as the residence is continuous and lawful.

Absence Limit: Rules have changed; currently aligning towards no more than 180 days outside the UK in any 12-month period (for absences after April 11, 2024). Earlier rules had different limits.

Financials: Generally requires demonstrating the ability to maintain oneself without public funds, without a specific income threshold.

5-Year ILR Route: What is the Eligibility, Visa Types, and Requirement

The 5-year route to ILR is a faster and more direct path to settlement for individuals who have spent five continuous years in the UK on eligible visa types. It’s designed for those who have followed a structured and uninterrupted immigration route under categories that lead directly to ILR.

Who Qualifies for the 5-Year ILR Route?

To apply under the 5-year ILR route, you must have spent 5 continuous and lawful years in the UK on a visa that qualifies for ILR. These include:

Common Eligible Visa Categories

Skilled Worker visa (and previously Tier 2 General)

Spouse or Civil Partner visa (under the 5-year route, not the 10-year route)

Ancestry visa

Global Talent visa

Innovator Founder visa

Representative of an Overseas Business

Minister of Religion visa

Sportsperson visa

Each visa category comes with its own ILR conditions, but all follow the general structure of 5 years of lawful residence with limited absences.

General Requirements for 5-Year ILR Route

Regardless of visa type, all 5-year ILR applicants must meet these standard Home Office criteria:

1. Five Years of Continuous Residence

You must have completed 60 months of lawful stay in the UK under an eligible visa. During this time:

Absences must not exceed 180 days in any 12-month period (some exceptions apply for work-related absences or compelling reasons)

Gaps in lawful residence (e.g. overstaying, visa expiry without renewal) can break continuity

2. Knowledge of Life in the UK

You must pass the Life in the UK test, which assesses your understanding of British history, values, laws, and society.

The test is mandatory for all ILR routes unless you’re exempt (e.g. age 65+ or certain disabilities)

3. English Language Requirement

You must prove your knowledge of English through one of the following:

English test (CEFR B1 level or higher) from an approved test provider

A degree taught in English

Nationality from a majority English-speaking country

4. No Criminal Convictions or Immigration Breaches

Applicants must have a clean immigration record and not fall under the “general grounds for refusal” — such as recent convictions, deception in a previous application, or non-compliance with visa conditions.

5. Correct Application Form

SET(O): For most visa types like Skilled Worker or Innovator

SET(M): For family-based applications (e.g. Spouse visa)

Financial Requirements (for Family Routes)

If you’re applying under the Spouse visa 5-year route, you must still meet the financial requirement at the time of ILR application:

Minimum income: £18,600 per year, or higher if you have dependent children

Income can be from employment, self-employment, savings, pensions, or a combination

Documents Needed for 5-Year ILR Route

Core Documents:

Current and previous BRPs

Life in the UK Test certificate

English language evidence

Payslips, bank statements, or employer letters (for financial requirement)

Cohabitation documents (for family visas)

Absence records and travel history

When to Apply

You can apply for ILR up to 28 days before completing your 5 years of qualifying residence.

Applications made too early will be refused

Overstaying beyond visa expiry before applying can break continuous residence

10-Year ILR Route: Who is Eligible for Lawful Residence in UK, and Key Conditions

The 10-year ILR route is based on long residence in the UK. It allows individuals who have lived in the UK lawfully and continuously for 10 years to apply for settlement — even if that time was spent under multiple visa types or immigration categories.

This route is a crucial pathway for those who don’t qualify under the standard 5-year route due to visa changes, family circumstances, or personal history.

At Axis Solicitors, we’ve helped countless clients with complex immigration backgrounds — from long-term students to those on family or private life visas — secure ILR through the 10-year route by building strong, lawful residence cases.

Who is Eligible for 10-Year ILR?

To qualify, you must have:

Lived in the UK lawfully for 10 continuous years

Held valid immigration status throughout this time

Not broken the continuity of your stay

Passed the Life in the UK test

Met the English language requirement

What Counts as Lawful Residence?

Lawful residence means living in the UK with permission — for example:

Student visa

Tier 2 / Skilled Worker visa

Family visa (as a spouse, parent, or dependent)

Visitor visa (short-term, if no overstaying occurred)

Limited Leave to Remain under Article 8 (private life)

Asylum / Humanitarian Protection

Any other period of immigration status granted by the Home Office

If you’ve switched between visa categories, that’s fine — as long as you didn’t have any unauthorised stays or gaps between visas.

What is Continuous Residence?

To qualify for 10-year ILR, you must not have:

Been outside the UK for more than 540 days in total during the 10 years

Left the UK for more than 180 days at any one time

Overstayed your visa by more than 28 days before 24 November 2016, or at all after that date (unless under exceptional circumstances)

Spent time in the UK on unlawful or overstayed status

If you fall short on these points, you may not qualify — but Axis Solicitors can help assess the situation and explore legal remedies, such as discretionary leave or extensions that preserve long residence.

Application Form and Process

Applications for 10-year ILR must be made using Form SET(LR), which is specifically for long residence cases. The application must be supported by:

Immigration history and Home Office letters

Travel records showing absence compliance

English language certificate

Life in the UK Test pass certificate

Any evidence explaining gaps, if applicable

Special Cases and Discretion

The Home Office can exercise discretion in some cases, especially where:

An applicant had a brief period of overstaying for reasons beyond their control

There is strong human rights or child welfare evidence supporting settlement

There are health issues or other compassionate grounds

That said, long residence applications are often refused for small technical reasons, such as missing documents or unclear travel history. This is where legal guidance is critical.

At Axis Solicitors, we review every year of your 10-year timeline, check for legal compliance, and ensure the application is thoroughly evidenced before submission.

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UNDERSTANDING 5-YEAR AND 10-YEAR ILR ROUTES IN THE UK

Understanding 5-Year and 10-Year ILR Routes in the UK