Indefinite Leave to Remain (ILR) in the UK: Complete Guide for US Citizens 2026
You may be eligible for Indefinite Leave to Remain (ILR) if you are an American citizen living in the United Kingdom and wish to make Britain your permanent home. This means that US residents with Indefinite Leave to Remain can live, study, and work in the United Kingdom without restrictions or time limits.
IAS are experts in UK immigration and work directly to provide assistance and guidance through Home Office applications, such as Indefinite Leave to Remain applications. Contact us for expert guidance on +1 844 312 4979.
What is Indefinite Leave to Remain (ILR) in the UK?
Indefinite leave to remain (ILR) grants the right to reside in the United Kingdom indefinitely. ILR enables you and your family to reside in the United Kingdom without applying for a separate visa to live, work, or study. It is the final stage before acquiring British citizenship.
It is the main settlement process for anyone who initially came to the UK on a valid visa. A “valid visa” for ILR purposes means a visa that is ILR-eligible, and contributes to the continuous residence requirement needed to gain ILR. ILR is also referred to as “settlement,” “settlement visa,” and “permanent residence.”
The length of the continuous resident requirement is dependent on which visa you come to the UK on. It could be 3 years, 5 years (main route), 10 years, or 20 years’ continuous residence to be eligible to apply for ILR.
Page Contents
- What is Indefinite Leave to Remain?
- What are the ILR Rule Changes?
- What are the Requirements for Indefinite Leave to Remain?
- Routes to Indefinite Leave to Remain for US citizens
- Documents to Apply For ILR
- Leave to remain, Further Leave, Indefinite Leave, Citizenship – What’s the Difference?
- Can Indefinite Leave to Remain in the UK Expire?
- What Are The Other Indefinite Leave to Remain Visa Requirements?
- I have some unspent convictions; will this affect my Indefinite Leave to Remain (ILR) application?
- Advantages of Indefinite Leave to Remain
- How if My Application for Indefinite Leave to Remain Is Refused?
- Outside the Immigration Rules
- How Can IAS Help with Your Indefinite Leave to Remain Application?
- Frequently Asked Questions
UK Indefinite Leave to Remain (ILR) Rule Changes 2026: Should You Apply Now?
5 years is the typical timeline to settlement in the UK. However, it could change after the Labour government began a consultation into lengthening the timeline for ILR from 5 years to 10 years. Our advice, amid uncertain policies and policy timelines, is to apply for ILR as soon as possible.
New UK ILR Rules 2026: What the Immigration White Paper Means for US Citizens
The UK government’s Immigration White Paper, published in May 2025, outlined several changes to the eligibility criteria for Indefinite Leave to Remain (ILR). This proposal was later reiterated by Home Secretary. The government press release read:
The Home Secretary has announced a proposed new contribution-based settlement model to reduce net migration, boost integration and reduce pressure on public services.
To ensure people contribute to the economy and society before being able to settle in the UK, under the new model they will have to be lawfully resident in the UK for the minimum of 10 years, double the current period.
A person can earn a reduction in the number of years if they meet earnings or integration requirements, while those who have been non-compliant at any point will be required to wait longer – or have their claim refused outright.
How Could the ILR Changes Affect You?
ILR updates could significantly impact individuals currently on the path to settlement in the UK; however, these changes have not yet been implemented, and a consultation is ongoing.
An extension of the standard qualifying period for ILR from 5 years to 10 years would also push the timeline for British citizenship by naturalisation from 6 years to 11 years.
However, exceptions may apply for certain groups, including partners of UK citizens, refugees, and victims of domestic abuse, though specific criteria are still under discussion.
A new points-based assessment is also expected to be introduced, rewarding individuals who demonstrate a strong economic or societal contribution under an “earned settlement” model.
Other notable proposals include a revised Life in the UK Test, reduced financial barriers for long-term resident children, and the creation of a bereaved parent route for those who have lost a British or settled child.
While these proposed changes signal a shift toward a more selective and values-driven settlement process, the government has not yet confirmed when they will come into effect, or if (though it should be noted the changes are likely).
Who Will the 10-Year ILR Rule Change Affect? Work Visa & Dependent Visa Holders Explained
- It is unclear who the ILR rule change from 5 to 10 years will affect directly, but it is expected to apply to most work visa routes, and their dependents.
- It is not expected to apply to Family visa holders (who are married or in a relationship with a British person or a person with British settled status). It will affect UK Dependent visa holders (partners of UK work visa holders).
- The plans will also likely affect those already in the UK on work visas or UK Dependent visas.
It is with this in mind that we recommend consulting with an immigration adviser to understand your options. If you are eligible for ILR now, it is advised not to wait to make the UK your Permanent Home.
Indefinite Leave to Remain Requirements for US Citizens 2026
ILR Requirements
Applying for Indefinite Leave to Remain means adhering to some key requirements that show you intend to live permanently in the UK, are of good character, as well as complete tests that prove your knowledge and commitment to the country. These include:
- Legally residing in the United Kingdom for a certain period of time (based on your current immigration route this can be 3, 5, 10 or 20 years (or 7 years for children).
- Having no criminal convictions or immigration violations during your time in the United Kingdom. This is generally rules-based and contributes to the assessment that you have “good character”
- Not having spent significant time outside of the UK. While the exact amount of time is not stipulated for ILR applications, it is expected that you can show intent to live permanently in the UK. When it comes to a British Citizenship application, time spent outside of the United Kingdom cannot exceed 180 days in any 12-month period during your time on a UK visa or ILR, so it is recommended to use this as a guide for ILR purposes too.
- Completing the Life in the UK examination
- Meet the English Language requirement
ILR Routes for US Citizens: Which Path to UK Permanent Residency Is Right for You?
Indefinite Leave to Remain is available to anybody who comes to the UK via a legal and ILR-eligible visa. Different visas offer different residency rules you must meet before you are eligible for ILR. Depending on your situation you can gain ILR after 3 years, 5 years, 10 years or 20 years.
5-Year Route to ILR: UK Settlement After 5 Years’ Continuous Residence
Under UK immigration law, you can currently apply for Indefinite Leave to Remain in the UK after 5 years spent living in the UK (continuously) on the following pathways:
- If you have family in the UK, you may apply for a Family visa which can include spouses, unmarried partners, Civil Partners, and children. Adult Dependents (such as elderly relatives who require your care) may also be considered.
- If you work in the UK on Skilled Worker visa, International Sportsperson visa, Minister of Religion visa or similar you may currently apply after 5 years.
- Family of refugees (under Appendix FM)
- If you’re a Commonwealth Citizen (or on a UK Ancestry visa). Some Commonwealth citizens are granted ‘right of abode’ in the UK. This indicates that there are no limitations on your ability to live or work in the UK. See whether you may submit an application to demonstrate your right to reside in the UK. If you apply via the Windrush program, for instance, you may be able to get British citizenship alternatively.
You must have held the same permission and not switched visa route to be granted ILR after 5 years. Eligible visas include:
- Global Talent (if you were previously endorsed under Arts Council England or Tech Nation’s “exceptional promise” criteria)
- Scale-up visa
- Skilled Worker
- International Athlete (if granted leave as an International Athlete for more than 12 months in the preceding five years)
- Minister of Religion
- Spouse, Civil Partner, or Family Visa
- Sole Representative of an Overseas Business
- United Kingdom Ancestry visa
- Hong Kong (BNO) visa
3-Year Route to ILR: Global Talent & Innovator Founder Visa Holders
You can get Indefinite Leave to Remain after 3 years if you are on the:
- Global Talent visa (under the Exceptional Talent pathway, not under Exceptional Promise)
- Innovator Founder visa
You must meet the visa conditions and make a positive contribution to British society or the UK economy to be eligible for ILR after 3 years. If not, you may still apply under the 5 year route to ILR.
A founder wishing to settle in the United Kingdom after three years must demonstrate that their investment and experience have created at least ten employment opportunities for the settled population or that their business has generated at least £5 million in revenue. This represents a net increase in employment or revenue for people who became part of existing businesses.
- Innovator Founder visa holders who have been endorsed by a UK-approved endorsing authority and can show at least two business accomplishments in accordance with the Immigration Rules are eligible for indefinite leave to remain in the UK after three years of continuous residence.
Global Talent visa holders who continue to meet the criteria for an extension of stay are eligible for an application for indefinite leave to remain in the UK after three years of continuous residence if:
- They were endorsed by the Royal Society, Royal Academy of Engineering, British Academy, or United Kingdom Research or Innovation
- or they were endorsed by Arts Council England or Tech Nation under the exceptional talent criteria
- or their initial submission was approved using a prize specified in Appendix Global Talent: Prestigious Prizes.
If you are on old visa routes in the former Tier 1 category, you may also be eligible to apply for ILR after 3 years. These include the:
- Entrepreneur visa
- Investment visa
- Start Up visa
Note, that you cannot apply for these routes, and they are only open to those already on the route who are renewing permissions or applying for ILR once eligible.
10-Year Long Residence Route to ILR: Requirements & Eligible Visas
The current 10 year route to ILR is available for those who cannot meet the 5 year route to settlement.
To be eligible you must have spent 10 continuous years in the UK on legal visas. This cannot include a temporary permission like a Visitor visa or Seasonal Worker visa lasting 6 months or less. It also excludes some other visas.
You can combine time spent on various visas to meet the 10 year long residence route to ILR. Examples of combinations include:
- 3 years on a Student visa
- 1 year on a Graduate visa
- 3 years on a Spouse visa
- 3 years on a Skilled Worker visa
10 years in total on visas that are valid for an ILR application after 10 years, but not 5 years.
In this case, if you’d have spent 5 years on either the Skilled Worker route or the Spouse visa route you would be eligible for ILR after 5 years. But sometimes, circumstances may change your plans. For example, you may divorce or lose your job. In such cases, you will need to return home or switch to a different visa category. This is what can make the 10 year route to settlement a lifeline for people with circumstances that may not be straightforward.
If you’ve spent ten years living in the UK, you could be eligible to apply if you have resided in this country for ten years or more. If you already hold a visa based on your private life, you may apply in a different way.
Can a US Citizen Work in the UK and Qualify for ILR? Skilled Worker & Work Visa Routes
If you are a work visa holder, you could be eligible to apply up to 28 days before the expiry of your visa after you have met the continuous residence qualifying period.
Typically, you must have spent 5 years living and working in the UK. It may take three years if you hold a Global Talent visa (as an Exceptional Talent) or Innovator Founder visa. Depending on your visa, you must meet the wage or financial criteria while on your visa to be eligible for settlement. Your visa will determine how you apply.
- 5 years on a Skilled Worker visa (must pay over £41,700)
- or International Sportsperson visa
- 3 years (if you meet the requirements, or 5 years if not) on an Innovator Founder visa or Global Talent visa
- 5 years on a Scale-up Worker visa (must pay over £39,100)
- 10 years* on Global Business Mobility visas (and other valid visas). These visas are not considered settlement visas, however, time on them might combine to meet the 10 year continuous residence rule. These visas include: Senior or Specialist Worker, Graduate Trainee, Secondment Worker, Service Supplier visa and UK Expansion Worker visa. You must meet the individual salary requirements for these visas. Typically, you would not spend extended time on this visa type in isolation, but time spent on them can contribute to continuing residence over 10 years. Time spent on Student visas and Graduate visas may also be eligible for the 10 year route.
Leave to Remain vs Further leave vs Indefinite Leave to Remain vs British Citizenship: Key Differences Explained
The difference between limited leave, further leave and indefinite leave to remain is clear.
- Leave to remain or limited leave to remain grants you permission to stay on a UK visa for a specified period of time. It is the initial permission you are given to come to the UK.
- Further (limited) leave to remain is typically a visa extension or if you switch visa. This allows you to stay longer in the UK.
- Indefinite leave to remain grants you permission to stay for as long as you want, until you are a British citizen or until the UK is no longer your permanent home. ILR means you do not need a UK visa to live and work in the UK, and travel freely to and from the country. However, it can be revoked if you spend too long away (typically around 2 years).
- British citizenship is granted when you have demonstrated a) your good character (beyond reasonable doubt) b) that you have not had extended absences from the UK in the past 5 years, c) you pass the Life in the UK test and meet the English language requirements.
Documents Required for Your ILR Application: Full UK Checklist
At the end of your continuous period of legal residence in the UK, you are not automatically eligible for ILR.
To be considered by UKVI, you must apply for ILR. You must provide the following documents to prove your indefinite leave to remain eligibility:
- Continuously living legally in the UK for the minimum qualifying amount of time
180 days or less of absences from the UK in any one year within the qualifying period (or prove you have not had significant absences from the UK, and that it remains your permanent home) - Proof that you passed the Life in the UK Test
- Evidence that you speak English at the appropriate level
- Evidence showing your application satisfies the General Grounds for Refusal, such as correcting any criminal convictions or immigration status violations you may have.
What is Further Leave to Remain (FLR) and How Does It Differ from ILR?
‘Further Leave to Remain’ or FLR is an extension of permission to remain in the United Kingdom. Typically, it pertains to individuals seeking to extend their existing visa (such as a Spouse Visa). There are also situations in which a visa applicant can transfer visa categories from one valid visa to another if their conditions in the United Kingdom change.
Due to exceptional circumstances, FLR may be granted to an applicant who lacks any valid leave to be in the United Kingdom. IAS can help you to obtain indefinite leave to remain or check if you are eligible for further leave to remain. Call us on +1 844 290 6312.
Can ILR Expire? How Long Does Indefinite Leave to Remain Last?
ILR status does not expire, however, it can be lost under specific conditions. A biometric residence permit as evidence of ILR status is issued for a period of ten years. You can keep your ILR status if you continue to reside in the United Kingdom. If you are absent for more than two years, your ILR status may be revoked.
UK immigration regulations state that ILR status can expire if the holder has been absent from the UK, Ireland, or the Crown Dependencies (Isle of Man, Guernsey, and Jersey) for more than two continuous years. This indicates that after two years of absence from the United Kingdom, you may no longer qualify as present and based in the United Kingdom.
UK ILR English Language & Life in the UK Test Requirements
There are several other requirements to be a British citizen by indefinite leave to remain route:
- Evidence of adequate English language skills, as defined by the Common European Framework of Languages, at the level of at least B1.
- You may lose your eligibility for ILR by evidence of “excessive absence”. While the rules apply to British Citizenship applications – that you will be refused if you spend more than 180 days away from the UK within any one 12-month period of your qualifying term. This essentially resets the clock on your residency. However, this serves as guidance for ILR as well so it is best practice to assume the same rules.
- Most applicants for ILR between the ages of 18 and 64 must pass the Knowledge of Life in the UK Test. The exam covers UK politics, history, and culture. The multiple-choice test is computer-based and costs £50 to take. To pass, you must get a 75%.
- Depending on the type of leave you presently have, ILR applicants may need to demonstrate that they fulfill the applicable minimum income criterion. For instance, holders of Skilled Worker visas who want to get indefinite leave to stay in the UK must earn above the salary threshold or the “going rate”.
Criminal Record and ILR: How Unspent Convictions Affect Your Application
When evaluating an immigration application, one of the most obvious considerations that will be taken into account is a criminal record that carries a jail sentence.
The following types of sentencing that do not include jail time or alternative dispute resolution may also have a negative impact on an immigration application, such as fines, discharges (either absolute or conditional), fixed penalty notices, civil orders, or driving bans.
Even in cases where minor offenses were given out-of-court disposals (such as fines, community orders, or suspended sentences), if it is judged that the applicant is a “persistent offender,” the number of offenses and the time period in which they were committed may lead to a denial of the application.
A lack of presenting any of the criminal records in an application for indefinite leave to stay or to naturalize as a British citizen may have a significant adverse effect on the application and lead to its denial.
For further guidance, contact our IAS lawyers on +1 844 290 6312
Benefits of ILR: What Can You Do with Indefinite Leave to Remain in the UK?
You will be allowed to stay and work in the UK for as long as you want and be able to leave and enter the nation as often as you please without being subject to typical restrictions.
Having Indefinite Leave to Remain has various financial advantages as well. When comparing ILR to work visas, you’ll get access to public resources and services and spend less on visa extensions.
Students may also benefit financially in several ways. That’s because if you have ILR, you’ll be regarded as a “home student” as opposed to an “international” student, making you qualified for course tuition subsidies. Course costs are expensive, as any current or past student will confirm, therefore there are some significant discounts to be obtained here.
ILR Application Refused? What to Do If Your UK Settlement Application Is Rejected
Even if your ILR request gets rejected (or if a dependent family member’s application is refused), with the correct assistance, you may get a settlement in the UK. First off, you have the right to appeal the judgment if you can demonstrate that your request for permission to stay indefinitely was justified by reasons covered by human rights. An immigration lawyer may provide guidance if this pertains to your application.
However, the majority of ILR applications cannot be contested because they are not founded on respect for human rights. There are still other options, however. You have the following options for appealing an ILR denial:
- You may ask for a judicial review if you believe UKVI misled in rejecting your application.
- The legal rationale of the rejection must be contested via an administrative review.
- In certain cases, submitting a fresh application for ILR might be preferable.
Immigration Advice Service can assist you if your indefinite leave to remain application gets refused. Call us on +1 844 290 6312.
Discretionary Leave & Exceptional Circumstances: ILR Outside the Standard Rules
In certain situations, the rules contain exceptions that enable caseworkers at the Home Office to exercise their discretion and grant leave in unusual situations. In other, more restricted instances, exceptions may be made to the principles.
Leave outside the rules, also known as LOTR, is a term used to describe all forms of permissions granted outside of typical regulations and requirements. LOTR can be applied to decisions regarding entry clearance, leave to remain, and indefinite leave to remain applications on a variety of discretionary grounds, albeit on a limited scale.
The goal of the few Home Office LOTR policies is to maintain a firm, efficient, and fair immigration system that usually requires people who do not meet the rules to leave the United Kingdom or be denied entry, but takes into account exceptional and compassionate personal situations that may justify discretionary leave.
How Can IAS Help with Your Indefinite Leave to Remain Application?
Before submitting an application for ILR, it is essential to understand the requirements and evaluate the possibility of success. If there are issues or concerns with your proposed ILR application, you can evaluate whether there is merit in requesting the Home Office to use discretion in your favor, and if there is little chance that they will, whether you should instead consider submitting for an extension of leave, which many clients can meet the requirements for.
Due to the complexities involved, it is advisable to seek professional assistance when submitting an ILR application.
Our teams of attorneys are experts in this field, and they will guide you through the process, ensuring that your application is completed to the finest detail without errors or oversights that could cause delays. Preparation to take the UK Life Test is also available.
We are able to determine whether or not you are qualified for ILR, and if you are not, we are able to provide guidance on the best ways of obtaining Indefinite Leave to Remain that are available to you.
If you desire to speak with one of IAS attorneys, please call +1 844 290 6312 or fill out our contact form and we will get back to you as soon as possible.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.
Last modified on May 10th, 2026 at 3:34 am
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Frequently Asked Questions
You may be eligible for ILR sooner than you realize. It is commonly believed that you can register 28 days before entering the United Kingdom, but it is not always the case. If you entered the United Kingdom within three months of your visa’s issuance, you may be eligible to apply 28 days prior to the visa’s issuance date.
The indefinite leave to remain processing fee is £3,226 per applicant.
You will also be required to pay a fee of £19.20 to transmit your biometric information.
After five years for the majority of eligible visa routes, visa holders are able to apply for ILR.
No. The UK does not have a green card system. Indefinite Leave to Remain (ILR) is the UK equivalent — it grants permanent residence with the right to live, work, and study without restrictions. It is sometimes informally called a “UK green card” but is officially known as ILR or settlement.
Indefinite leave to remain means you have been granted permanent permission to live in the UK with no time limit on your stay. You are not a British citizen, but you have no visa restrictions — you can work, study, access public funds, and travel freely to and from the UK. It is the status immediately below British citizenship.
The UK does not have a dedicated retirement visa for US citizens. To live in the UK permanently as a retiree, you would typically need to qualify through a family route (e.g., spouse of a UK citizen), or hold sufficient funds to qualify under a relevant visa. Americans cannot simply move to the UK to retire without a qualifying immigration route.
Yes — US citizens can legally buy property in the UK regardless of immigration status. You do not need ILR or any visa to purchase property. However, owning property does not grant any right to live in the UK or contribute toward ILR residency requirements.
ILR does not have an expiry date, but it can be lost if you are absent from the UK for more than two continuous years. If you leave and stay abroad for two or more years, your ILR may be considered abandoned. You can apply for a Returning Resident visa to re-enter, but approval is not guaranteed. Time spent in Ireland, the Isle of Man, or the Channel Islands does not count as an absence.
