Looking to apply for Indefinite Leave to Remain? Find out what you need to know and how Abbleys Solicitors can help you.
Compiling a bid to stay in the UK is a trying process with an almost-endless list of things to remember.
And, to make things even more complicated, significant changes are expected in 2026. So, what can you do to make sure you’ve made your Indefinite Leave to Remain (ILR) application correctly?
Being granted ILR is a key element for anyone who’s moved here from abroad and is looking to build their life in the UK. Also referred to as ‘permanent residence’ or simply ‘settlement,’ ILR – as the name suggests – grants successful applicants the right to work, study and live in this country. It also allows those who are eligible to claim benefits and, ultimately, apply for British citizenship. Many doing so are closer to qualifying than they think but mistakes at any stage could prove costly.
It’s clear, then, that your ILR application needs to be watertight.
To make sure your application isn’t delayed – or refused entirely – on a technicality or a basic error, you need to keep abreast of any changes to the system, so that you’re well placed to understand the impact of any such changes, and act accordingly.
The biggest change relates to the qualifying period for those who have already been in the UK for a number of years – the baseline qualifying period. The current government has plans to double the period for most visa categories from five years to 10. Currently, five years’ continuous stay under skilled worker or spouse visas is a good starting point for making an ILR application (certain tier-one visas reduces the minimum period to two or three years, while ‘Innovator Founder’ or Global Talent’ visas allow the holder to apply for ILR after three years).
Stricter minimum requirements are also likely to be applied and, as is clear from the above, different people’s circumstances mean applicants will have different qualifying periods. For instance, the proposals include adjustments (up and down) from that 10-year limit that depend upon certain factors.
These include the following examples:
Those without English as a first language have another barrier to clear, as a higher standard of proficiency will be mandatory. Currently, most applicants require what’s called a B1 level. This is roughly the standard required to pass English GCSE exams. From this year it appears that applicants will need a greater level of English reading and writing, as well as listening and speaking, one that would be required for A-Levels. Applicants are required to demonstrate a far higher level of understanding of the language in a test, overseen by an approved official, with their results electronically verifiable.
Away from studying the nation’s mother tongue, applicants will, from April 2026, also require a minimum income threshold. The important change here is that this is now an individual – rather than a household – requirement, meaning those who were previously dependant on their partner’s visa must prove their own earnings of a shade more than £12,500 per year.
The income threshold isn’t the only aspect of change affecting partners and dependants. They’re no longer automatically included in a primary applicant’s ILR claim, and each individual member of a family will need to meet the criteria. It’s imperative, therefore, that each member of a family looking to settle here considers how they can gather evidence to qualify.
If you’re to make a successful ILR bid you must be able to show that you are ‘of good character’. This refers to matters of finance, any convictions or breaches of visa conditions, your immigration history and any instances where you’ve tried to cover up something you suspect may go against you.
Remember, any deception, deceit or concealment (including lying by omission) is likely to be unearthed at some stage, so honesty really is the best policy.
A criminal conviction won’t necessarily prevent you from being accepted, but failing to declare it almost certainly will.
Another, very important, thing to note is the abolition of the 10-year residence route. Whereas a decade of residence in the UK allowed those with a mixture of visas to apply for ILR, that’s no longer the case. So, if you have switched your visa status, such as transferring from a student visa to a work visa, you’ll need to look at what other options are available to you.
Speaking of work, if you regularly travel outside of the UK (such as for work reasons or family needs) you’ll definitely need to keep track of your movements. New rules limit such absences to 180 days in a year, and a maximum of 540 days in any 10-year qualifying period. If you can’t satisfactorily explain or justify your excursions and you’ve exceeded the limits you may find your application is looked upon unfavourably.
It’s clear, then, that you must pay great attention to detail when attempting to secure your future in the UK. Any omissions, errors, unexplained absences or untruths during your application are likely to scupper your chances of remaining.
It’s a minefield that’s as complex and confusing as it is important to your future, and that of your family. Mistakes, including errors in judgement, can have devastating consequences for your hopes of staying in the UK. You need accurate guidance and immigration-specific expertise.
Abbleys Solicitors’ experienced immigration team can help you understand anything you are unclear on and present your bid to stay in a professional, well-prepared and complete manner to ensure your application has the best possible chance of success. To start your journey, contact our team by clicking the button below – together we can make your immigration case as stress-free and easy as possible.
