Settlement by Continuous Residence


If you are a non-UK national and have lived in the UK continuously and lawfully for a certain length of time, you may qualify for Indefinite Leave to Remain (ILR) in the UK on the basis of continuous residence.

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What is Settlement / Indefinite Leave to Remain


Indefinite Leave to Remain is the term for permanent residence or settlement in the UK. It can be achieved through various routes depending on which visa you have held over the last 5 or 10 years. Once you have Indefinite Leave to Remain (ILR), you are considered 'settled' in the UK and can stay in the UK without any time restrictions.


The UK offers several routes to settlement by having an eligible work, business, or family visa in the UK. In most circumstances, an individual is able to apply for Indefinite Leave to Remain after 5 years of continuous residence in the UK on an eligible visa. This page will focus on these eligible routes.


If you have been legally living in the UK under an immigration visa for the last 10 years, which included time spent on a non-eligible visa (e.g. as a visitor or student), you may be eligible to apply for ILR. Please read our ILR based on Long Residence page for more information.


If you are, or you have a family member who is from the EU, Switzerland, Norway, Iceland, Liechtenstein or Northern Ireland, and you hold a limited leave to remain under the EU Settlement Scheme, please read our EUSS Settlement Status page for more information.


Eligible routes


Not all visas provide a route to ILR. The most common visa routes that are eligible for UK ILR include the followings:


  • Work routes



  • Business routes



  • Family routes



It may be possible to combine time spent in more than one visa categories to make up the 5-year continuous residence in the UK, and UKVI has specific rules of those. If you have questions in this regard, we would recommend you talk to our immigration specialist for advice. 


General requirements


In order to qualify for ILR on the ground of continuous residence, each of the eligible visa categories has its specific requirements that will need to be met. You may find more information on our information page for each respective route.


There are, however, certain general requirements that apply to most of those common routes, including:


  • You have spent a continuous period of 5 years lawfully in the UK in a permitted category;
  • You have not been absent from the UK for more than 180 days in any rolling 12 calendar month periods preceding the date of application (unless you are on a family route visa);
  • You have sufficient knowledge of the English language (unless an exemption applies); and
  • You have taken and passed the Life in the UK test (unless an exemption applies).


If you are on a business route visa, you may be able to apply for Accelerated ILR after 2 or 3 years, providing you meet certain specific requirements.


If you are on a family route visa based on exceptional circumstances, you may have to complete 10 years residence in the UK before you can qualify for ILR.


The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.


Exceptional and compelling circumstances


If you have too many absences from the UK in excess of the requisite threshold, it is still possible to apply by asking UKVI to exercise their discretion and disregard some absences.


You must prove to the UKVI's satisfaction that the excessive absences were due to exceptional and/or compelling reasons beyond your control.


Applications on this basis can be complicated. We would recommend you to consult a immigration specialist if you plan to make such an application.


Processing time and application fees 


The current application fee is £2,404 per person. The application will usually be processed within 8 weeks but may take up to 6 months.


Priority services may be available subject to availability and an additional priority fee, which may reduce the processing time to 2-5 working days.


What next


If your application is successful, you will be granted Indefinite Leave to Remain which means you are permanently free from immigration time restrictions. However, if you are absent from the UK for more than 2 years, your ILR will be revoked. You will then need to make a Returning Residence application before you can travel to the UK again.


If you spend a further 12 months in the UK after you obtained ILR, you may be eligible to apply to naturalise as a British Citizen.


How we can help


Our knowledgeable and experienced immigration team can:


  • Assess your case and advise whether you are eligible to apply
  • Provide you with a tailored & comprehensive document list
  • Review all your documents and advise on necessary amendments
  • Suggest on how to improve your application
  • Complete your application forms in accordance with the UKVI requirements
  • Assist you to complete the application submission process
  • Provide our representation letter to support your application with necessary legal arguments
  • Liaise with UKVI on your behalf


Depending on your need and budget, we have different levels of services that you may choose from. Check out Our Services to see which one is for you. 


Want to discuss your case with an immigration specialist? Contact Us now.


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