Indefinite Leave to Remain (ILR) – Permanent residency in UK if you have a Skilled Worker, Health and Care Worker or Dependant visa. We have been accredited by the Immigration Advice Authority since 2008. Contact us now for affordable fees, expert advice and same-day response.
How to qualify for Indefinite Leave to Remain on a Skilled Worker or Dependant visa. These are frequently asked questions about ILR, especially when to submit (when 28 days start) and what to do if Dependants don’t qualify at the same time as the main worker.
Most common question ever: I know I can apply 28 days before I qualify for ILR, but from when? Date of visa issue (date of vignette) or date of entry?
You can count from the date of visa if your entered within 180 days and if you haven’t been out of UK for more than 180 days in that year. You probably know about the limits of time spent outside the UK: max 180 days in any 12 months on a rolling basis. So, the time between date of visa and date of entry counts as “absence”, and if you get it within the 180-day rule, you can qualify for ILR based on the date of visa. If not, you have to count from date of entry.
Absences 180-day per year rule: during a calendar year, during each year from date of entry or how is it calculated?
It is mainly calculated from the date of application, backwards. If you apply for ILR on 3 June 2026, the 5-year period is 3 June 2021 to 3 June 2026. During this time max 180 days are allowed outside the UK in any 12 months, on a rolling basis. Alternatively, it can be calculated during 5 years on the date 28 days after you applied, or even on the date of decision (which will be a guess, because you won’t know when the UK authorities make that decision).
What is a rolling basis?
It means however you count 12 months, the maximum is always 180 days. From day 1, from day 31, from 241 etc. One long stay abroad cannot be spread over more than one year. It is actually a similar rule to Schengen rule of “90 days during 6 months”, except it’s double, i.e. 180 days during 12 months and it’s days out of UK.
Is it 180 days or 6 months (per year)?
It’s exactly 180 days, not 6 months, not a day over 180 days. If you have 181 days, you’ll be refused.
I spent 6 months in the UK per ach year during last 5 years, will this meet the rules?
We hear this very often from people who aim to spend the legal minimum in the UK while basically living abroad, usually on a Global Talent visa that doesn’t require physically working for a UK-based employer. However, the rule is 180 days inside the UK, this is how we would count. If you had 181 days out of UK, it won’t meet the requirements (even if it meets “6 months in the UK”).
What breaks or restarts 5 years? Can I combine other visa categories?
Other than overstaying, criminality or too many absences, the main break comes from changing to a category that cannot be combined. Usually switching between main and Dependant. These are different categories and cannot be combined to make up 5 years. Every time you change from main to Dependant, you restart 5 years (soon may be 10-15 years). And vice versa.
Some categories can be combined, though, such as Skilled Workers and Global Talent (both main). SW Dependant and GT Dependant , i.e. both Dependant, although it’s the same visa anyway, “Dependant”. Cannot combine a work visa with a Spouse/Partner visa, cannot combine with Student or Graduate.
SET(M) is for spouses, partners and parents in the standard 5-year route who have spent 5 years on this type of visa – and not on Skilled Worker Dependant visa. SET(O) form is used for many ILR routes, including for partners and families of workers, such as family of a Skilled Worker migrant applying for ILR separately from the main Skilled Worker.
Can I track it? Can I contact the UKVI to check the progress?
No and No. UK Visas and Immigration doesn’t offer a tracking facility. You can call the contact centre but they won’t provide any update “because of data protection”. There are email addresses (if you find them) but they won’t provide any update until 6 months have passed.
What about Priority and Super Priority?
Yes, these are good options. For extra £500 they could make a decision within 5 working days. For extra £1,000 by next working day. They are relatively easy to secure, no need to keep checking at midnight.
Is the Priority timing guaranteed?
No, the Home Office will never guarantee any timing or take responsibility for a delay. If they deem your case “complex”, they will keep it for as long as they need, without a refund.
What can delay Priority decision time?
Many things, mostly salary miscalculations if your Sponsor forgets to increase your pay when the rules change. The SOC salaries (ging rates) get updated every couple of years and your salary during ILR must met the new threshold. Could be a job code/duties mismatch.
But it can also be your Sponsor’s affairs.
The Home Office may decide to examine your Sponsor’s compliance, especially if they had problems before, if their workers had their visas cancelled, or if someone reported them. Especially if your job is a care worker.
Can I travel while waiting?
No, you cannot travel abroad, even though you’ll have your passport. It’s the law: if you leave, a pending application gets cancelled (“withdrawn”) without a refund.
You submitted your application, and what happens next? You may imagine that someone at the Home Office immediately springs to action and looks at your files, maybe runs a few checks, so what could they possibly be doing for 6 months?
The HO does make quick automatics checks with HMRC, police etc, but they do not do them in steps. More likely all at once. It doesn’t take 6 months for someone to look at one case. It takes long because of the queue of cases before yours. Because 100s of other applicants had the same idea at the same time. Therefore, the HO may not even open your case for 5.5 months and then quickly approve it.
For those wishing for a tracking system, like Check 1 done. Check 2 pending etc, a tracking system would probably look like this:
Month 1 – Not even looked yet.
Month 2 – Nothing done.
Month 3 – Not your turn yet.
Month 5 and 30 days – all checks run together and approved.
So, the end result would be the same: worrying for 6 months and then getting an approval. Or a refusal in some cases.
If you submitted your application before your previous visa expired (even on its last day), your status automatically extends in the same category as before, all the way until decision. This is known as a Section 3C leave. For as long as it takes, doesn’t matter if the decision comes after your visa expiry date.
Example #1: you had a Skilled Worker visa, before it expired you applied for ILR. It can take 6 months, so your status would continue as Skilled Worker during that time. Meaning you have to keep working for your Sponsor, and you can also rent, use the NHS etc. Same goes for an appeal, if you are refused but appealed on time, your 3C leave continues and your legal status extends.
Example #2: you had a Skilled Worker visa, before it expired you applied for ILR. It took 6 months and was refused, during that time your status remained as Skilled Worker on a 3C Leave. Now you have 14 days to re-apply, addressing the problem, usually salary. You re-applied on day 10, from then and until the decision your status is “permitted overstaying” under what used to be p.39E of the Immigration Rules and now Part Suitability. It’s overstaying that is disregarded for the purpose of ILR, basically means you are OK to remain in the UK. Your re-application time won’t count towards ILR, all it won’t break your residence and won’t restart the clock.
You can prove your Right to Work here. For a pending application, sometimes the system still shows an old expiry date (ie in the past), so your Employer can use the dedicated Employer’s Checking Service for pending cases and appeals.
How much salary do I need for ILR?
There is no specific minimum for ILR. Instead, it is the same minimum as would be for extension. There are 3 main cohorts, with different salary thresholds. One is those who started as Skilled Worker before 4 April 2024, they can be offered “Lower going rate” even now. Those who started on or after 4 April 2024 need “Standard going rate”. Finally, those in health/care and education jobs need min £25,000.
Last time I applied I needed minimum £29,000pa. My employer is refusing to offer more now, saying it should be enough, because I’m still under the old rules. Is it right?
No, that old “Lower rate” threshold was increased to £31,300 (and may go up again and again). The point is it your salary must meet the current minimum on the date of ILR application (minimum of your cohort), even if it’s higher than the minimum salary last time.
Do I need a higher salary for ILR if I changed a Sponsor during last 5 years? Or if I changed a job code/duties during 5 years?
No, the salary level is determined by when you started in the Skilled Worker category (your 1st SW visa), as long as you had a continuous stay in it. Same for changing a job code/duties.
How long should I be paid a minimum salary for if it changed since my last COS?
If you “need” a pay increase to meet the new threshold, it needs to be place before your ILR application date. There is no minimum, like 3 months, however, if your payrise is very recent, it may be investigated under “genuineness”. The longer it was the more genuine it would look and you need at least one payslip.
Do I need a new COS for ILR and what should be on the Sponsor’s letter?
No, you don’t need a COS for ILR. Instead, your Sponsor must provide a letter, confirming a few statutory things. Including your job code/salary and that you are required to work for the foreseeable future.
My employer provided me a letter but didn’t mention my job title, only a code, is it OK?
Your Sponsor must provide all the information, as required by the Rules (the law), it is a legal requirement. If they missed something, you’ll be taking a chance. Missing salary would definitely be a problem. Missing just a job title is 50/50. We always advise to follow the Rules to the letter and let us check your documents and eligibility (we charge fees, but it will save you a lot more in the long run).
If the UKVI asked me for another letter (such as to add SOC code), how long will it take from then to make a decision? How long do I have to wait?
If you used a Priority or Super priority, it could take anything from a few hours to a few weeks. Most commonly takes 3-4 weeks, without a refund of Priority fees. But in general, there is no set timing for that and can take as long as the authorities need – even more reason to prepare your letter property from the start!
My Sponsor is refusing to give me a letter because they know I may quit when I get ILR. Can I apply without? After all, I have spent 5 years working.
No, your Sponsor strictly must be supporting your ILR application. Some companies are reluctant because they know you may quit. You have to either work with them on and reach an agreement, or you have to find a new sponsor, or qualify on 10 years Log Residence.
My Sponsor is refusing to give me a letter because they know I may quit when I get ILR. But they are willing to provide a new COS. Can I apply for ILR with that COS instead of a letter?
No, or rather you can apply but will be refused. A supporting letter from your Sponsor (the key word is “supporting”) is a legal requirement and is compulsory for ILR. A new COS will only give you another extension.
Do I have to continue to work for this employer after ILR?
No, you can leave your Sponsor anytime. Even if your Dependants are still waiting for ILR, it won’t affect their status or their ILR eligibility, even if you stop working altogether by then.
Do I have to be paid the minimum salary after ILR?
No, you can be paid a lower (or higher) salary, as long as it meets the UK Minimum Wage. But you may have other protection under employment law.
We are experts in the salary and other ILR Requirement, send us a message or WhatsApp now!
What tests do I need?
Life in the UK test. Separately, you need English test (or degree taught in English) at B2 in Speaking and Listening if you are applying from 26 March 2027. If you are applying before that, your current Skilled Worker visa meets English automatically, so you only need a Life in UK test.
Do I really need a Life I the UK test? I heard it’s only for Citizenship.
Yes, you need it for ILR but don’t need again for Citizenship. Exemptions are for those aged 65 or over, learning disability or a medical reason.
Do I need English language test again if I already provided it in my last application?
If you provided B1 test during your last application as a Skilled Worker, you don’t need to take another test, even if it’s now 2 years passed, if applying before 26 March 2027.
What are the changes from 26 March 2027?
English level for ILR goes up from B1 to B2, still only in Speaking and Listening. If you are using a degree taught in English, the new rule won’t affect you because degrees are seen as a higher level than B2 (degree is a C level).
What are the rules on absences? What if I spent more the 180 days outside the UK?
There are strict rules on absences, maximum 180 days per any 12-months on a rolling basis. For the main worker and for the partner (but not for children). The only exceptions are for some researches working on a project abroad and for compassionate reasons, like a family or medical emergency.
Why is SET (M) the wrong form dependants of Skilled Workers? It is one of the most common mistakes
Dependants of workers (like Skilled Workers) can continue in their category even after the main worker has secured ILR. Dependants should apply on SET(O) form. They don’t need to switch to a Spouse/Partner visa. If you are on a SW Dependant visa and attempt a SET(M) application, it will be rejected as invalid.
Do I need a letter from my Sponsor for ILR or is it based on 5 years of working in UK?
You 100% need a letter and that letter must say you are required to work for them in the foreseeable future. It is a 100% dealbreaker. If your Sponsor is not co-operative, you need another Sponsor.
Do I get IHS refund if my ILR is approved before my last SW visa expired?
No, even if ILR overlaps some of the remaining SW visa. IHS is only refunded if you get a new limited visa (like another Skilled Worker) and have paid IHS again, so they would refund the “double paid” part, rounded to 6 months. But not if the next visa is Indefinite because ILR doesn’t attract IHS.
When can I apply for British Citizenship?
Can apply 12 months after having ILR. if you are also married to a UK citizen, then can apply immediately after ILR, even if your spouse has only just become British.
Do I need Life and English tests again for Citizenship if I provided them for ILR?
Under the current Rules, you do not, but this may change.
We provide a tailor-made checklist based on your circumstances and review everything.
Can I combine Skilled Worker with another category to get 5 years?
Can combine with some, such as Global Talent and Tier 1 (Entrepreneur). Cannot combine with Dependant, Spouse visa, Graduate, Student etc.
What if I started as main and then switched to Dependant? Or started as Dependant and switched to my own Skilled Worker visa?
Cannot combine to get 5 years. Can only combine if you spent 10 years total.
Can I combine Skilled Worker and Global Business Mobility?
No, not for 5 years.
These are only proposals at the moment, they haven’t been confirmed and no details have been provided. It was proposed to increase the period to ILR from 5 to 10 years for most workers. For care workers and those in below-degree jobs (level 3 to 5) to 15 years. With some reductions when meeting certain requirements, like high earnings or English at C1 level. So far, it has not been announced whether the new rules would cover the existing Skilled Workers.
Dependants would need the same period as the main applicant, plus a minimum level of earnings of £12,570pa during the 3 years before ILR application (currently, Dependants don’t have to work at all). Those who don’t earn enough would qualify for extension (instead of ILR), which would involve paying more in Government fees and Immigration Health Surcharge.
All ILR applicants, main and Dependants, will need a B2 English from 26 March 2027.
What to do if my spouse has not completed 5 years?
Your wife or husband needs to complete 5 years on a Dependant visa, not counting other categories, like Graduate or their own main Skilled Worker. The soonest they can apply is also 28 days before “their” 5 years, giving you almost a month extra. They can also count residence from date of visa issue if they entered the UK within 180 days. If your spouse is still “short of visa” even then, they can apply for extension. Dependant extension is always for 3 years, even if they need only, say, one year, with full fee and IHS (unless exempt, such as when the main migrant is on Health and Care visa). They can apply for ILR as soon as they are eligible, don’t need to wait for full 3 years.
Does my spouse have to switch to a Spouse visa FLR(M) because I do not have a COS anymore?
No, they do not have to. They can extend in the same category, such as Skilled Worker Dependant, without switching to FLR (M) and needing to take English and meet the £29,000 Minimum Income Requirement. When your partner has 5 years, they can apply for ILR on SET(O) form, even if the main migrant doesn’t have a COS anymore. SET(O) form asks about the COS, but doesn’t require it, and you don’t have to use your old COS details, because the old COS won’t be relevant anymore.
Which form do we use for my dependant spouse/s extension?
Same form as for Dependant visa, usually called PBS Dependant or Work Dependant. Do not use your old COS details and put the dates 3 years. Dates are asked to work out IHS for your spouse, which will be for 3 years – because such extensions are always for 3 years. If you put a shorter period, the Home Office will ask for remaining payment. If the main SW migrant was on Health and Care visa, there will be no IHS for Dependants.
My spouse has now completed 5 years but I have ILR, which form do we use for Dependant ILR?
SET (O) form. Do not use SET(M), it will be rejected as invalid. Same if you have now become British.
SET(O) form for my spouse asks for my main category, I now have ILR, but the form doesn’t have ILR option.
Choose Skilled Worker if it were your category before you got ILR.
I qualified for ILR after less than 5 years (global Talent 3 years), can my dependants apply for ILR with me or do they need 5 years?
Your spouse or partner needs to complete 5 years on Dependant visas. While you are applying for ILR, they will be applying for extension.
Will my children get ILR at the same time or will they need 5 years in the UK?
Children do not need 5 or X years in the UK but the can only apply for ILR when both parents are also applying. Or else to apply with the parent who qualifies for ILR later.
My child is on a Dependant visa, what happens when they turn 18 years of age?
Children can continue applying as your Dependant, as long as their first visa was before they tuned 18. They have to continue being dependent on you, i.e. not have formed an independent life.
My child is 18 ears old now, will he need a separate application form?
If a child is eligible for ILR, they can be included in your SET(O) form.
Will my children qualify for domestic university fees?
You need to check with universities, it is not an immigration law issue.
Can my children apply with for ILR with me, only with one parent?
No, children cannot secure ILR if only one parent is getting ILR. To succeed, children need both parents applying for ILR. If one parent qualifies later, children have to wait and apply with the 2nd parent. If their visas expire before that, they need extension, which will expire on the same date as the remaining parent’s Dependant visa. The only exceptions are when one parent has a sole responsibility or when the family has compassionate circumstances, like caring for an elderly parent abroad.
Can my children apply for ILR with one parent if the other parent is working abroad?
No, children cannot secure ILR if only one parent is getting ILR. If the other parent is involved in their lives, but choosing to work abroad, he/she has to come back to the UK and spend 5 continuous years here on a Dependant visa. During that time, the other parent can be away maximum 180 days per any 12 months. Children will be getting Dependant visas in line with the 2nd parent and will only get ILR when the 2nd parent does. The only exceptions are when one parent has a sole responsibility or when the family has compassionate circumstances, like caring for an elderly parent abroad.
Can my children apply for ILR with one parent if the other parent is still on a Dependant visa in the UK?
No, children will only get ILR when the other parent does.
Does it make a difference if my children already spent 5 years in the UK?
No, children do not need 5 years in the UK (or any X number of years). But they need both parents applying for ILR. If children came with parents, in practice they would need 5 years. If they joined later – they will need fewer than 5 years, but still can only qualify with the 2nd parent.
Do my children need ILR if they are born in the UK? Or can I apply for their Citizenship on MN1 form?
Children born in the UK have different rules from those born outside the UK. As soon as one parent secures ILR (doesn’t need to be both parents), a child born in the UK, who is still under 18 years of age, can be registered as British on MN 1 form, section 1(3) by entitlement. A child does not need ILR unless you choose to, such as if the child needs to travel abroad and needs a visa to come back to the UK.
Do I just apply for a British passport to Passport Office? What does it mean to register as British?
No, it is not an application straight for a UK passport. A child born in the UK before a parent has ILR is not British by birth. Instead, a child has to be registered first, on MN1 form, for the Home Office to make them a British citizen. It is an application to the Home Office on MN1 form, an application fee, waiting for decision. The outcome is a Certificate of Registration, which is when a child becomes a British citizen and then can apply for a passport (passport book).
Can my child travel while waiting for MN1 registration?
They can travel if they have a visa to come back to the UK because an airline needs to check it.
What happens if their registration is approved while the child is abroad?
The new law from February 2026 requires all British citizens, including children, to travel to the UK on a British passport and not on a foreign passport with a UK visa (even ILR). Alternatively, a dual citizen could have a Certificate of Entitlement of Right of Abode, also known as Certificate of Abode, which is an electronic status connected to their passport (like eVisa but not called a visa). Either way, it can be risky to take the child abroad before their MN1 has been decided. A first UK passport from abroad could take several weeks, especially in the country where biometrics are required (like India). Certificate of Abode could take 3 weeks but costs £589. The best solution is to wait in the UK and get a passport.
What happens if the child’s Dependant visa expires before MN1 application is approved? Can the use the NHS?
On one hand, the child won’t have a status while waiting. On the other hand, the child is “entitled” by law to be registered as British and the only delay is the waiting times at the Home Office. In practice, the child will continue as normal in terms of school attendance. The NHS allows free access for everyone, with or without a status, for 3 months and after that free access to GP surgeries and A&E access in case of emergency. If this is of concern, or if a child may need planned medical help (not emergency), you can apply for extension or ILR.
What if my child is born in the UK after I get ILR?
The child will be British by birth and can apply for a passport right away.
Do my children need ILR if they are born outside the UK? Or can I apply for their Citizenship on MN1 form?
Children born outside the UK have very different rues from those born in the UK. A child born outside the UK needs ILR in most cases. After ILR, a child can be registered as British under section 3(1), by discretion (not entitlement) if both parents also applying for naturalisation. Or if one parent is applying for naturalisation and the other has ILR. Or if both parents have ILR and the child spent 12 months after ILR and total 5 years in UK.
Exceptions to ILR rule are when a child was born abroad to parent(s) British by decent. Or when a child spent 10 years in the UK, has a legal status now (not necessarily ILR) and both parents also have a legal status.