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
- copyright(s) covering the entire 5-year period
- 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:
- copyright and BRPs covering all 10 years
- 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.
ILR Application Process: Step-by-Step Overview for Both Routes
Whether you’re applying under the 5-year and 10-year ILR routes in the UK the process for obtaining Indefinite Leave to Remain (ILR) follows a structured path. The key is preparation: accurate documentation, clean immigration history, and well-organised evidence.
At Axis Solicitors, we’ve built a clear system for handling ILR applications, Understanding the benefits of ILR in the UK, helping clients stay on track and avoid errors that could lead to refusals or delays. Here’s a breakdown of the process.
Step 1: Determine Eligibility
Before anything else, confirm that you meet all criteria for your specific ILR route:
- 5 years or 10 years of continuous and lawful residence
- No breaches of immigration law
- Appropriate visa categories
- English and Life in the UK requirements
We recommend conducting a full immigration history review — something our solicitors do in detail to ensure you don’t waste time or money on an invalid application.
Step 2: Gather Supporting Documents
This step is often underestimated but is crucial for a successful 5-year and 10-year ILR routes in the UK. Missing or insufficient documentation is a common reason for refusal.
You’ll typically need:
- Valid copyright(s) and BRP
- Evidence of your visa status throughout the qualifying period
- Travel history and records of absences (including dates and reasons)
- English language evidence (approved test or degree certificate)
- Life in the UK test pass
- Financial and cohabitation documents (if applicable — especially for the 5-year family route)
- Letters from employers, landlords, or sponsors (where relevant)
Axis Solicitors assists with a document checklist tailored to your case — ensuring nothing is missed.
Step 3: Complete the Correct Application Form
Depending on your route, you must complete the appropriate online application:
- SET(O) – For Skilled Workers, Innovators, etc. (5-year route)
- SET(M) – For spouses and civil partners (5-year family route)
- SET(LR) – For applicants under the 10-year long residence route
Each form requires detailed personal information, immigration history, absences, and evidence uploads.
Our legal team at Axis Solicitors reviews and completes these forms on your behalf to eliminate risks.
Step 4: Pay the Fees
As of 2024, the Home Office ILR fees for 5-year and 10-year ILR routes in the UK are:
- £2,885 for most ILR applications
- Additional fee for biometric enrolment
- Optional: Super Priority Service (£1,000+) for a decision within 24 hours
Step 5: Book and Attend Your Biometric Appointment
After submitting your form for 5-year and 10-year ILR routes in the UK, you’ll be asked to:
- Upload all documents to the UKVCAS portal
- Book a biometric appointment at a service centre
- Attend to provide fingerprints and a photograph
You’ll receive confirmation once your biometric data is processed.
Step 6: Wait for a Decision
5-year and 10-year ILR routes in the UK application takes up to 6 months under standard service, but many are processed within 8–12 weeks.
If you choose Super Priority service, you could receive a decision within 24 hours after your appointment.
While waiting, you can remain in the UK legally as long as your application for 5-year and 10-year ILR routes in the UK was submitted before your current visa expires.
Step 7: Receive Your ILR Decision
If successful, you’ll receive:
- A decision letter
- Your new Biometric copyright (BRP) confirming ILR status
- Instructions on applying for citizenship after your qualifying period
How Axis Solicitors Supports Your ILR Application
We don’t just submit forms — we manage the entire process:
- Reviewing your full immigration history
- Identifying risks and advising on gaps or absences
- Helping you gather and format compliant evidence
- Submitting your application and documents
- Booking biometrics and managing timelines
- Representing you if issues arise or additional documents are requested
Clients come to us because we handle both straightforward and complex ILR cases with diligence, speed, and experience.
Transitioning from 10-Year ILR to 5-Year ILR
While the 10-year long residence route to Indefinite Leave to Remain (ILR) is a valuable pathway for individuals with continuous lawful residence, many migrants wish to transition to the 5-year route due to its advantages in terms of settlement stability, eligibility for public benefits, and faster access to British citizenship.
At Axis Solicitors, we are frequently approached by clients seeking clarity on whether — and how — they can switch from the 10-year route to 5-year route. Here’s what you need to know:
Can You Switch from the 10-Year Route to 5-Year Route?
Yes, it is possible. However, you must meet the full requirements of the 5-year route in a qualifying category.
Merely holding ILR under the 10-year route does not automatically make you eligible for benefits linked to 5-year settlement, unless you’ve qualified under that specific category.
Why Transition to the 5-Year ILR Route?
Many choose to switch due to:
- Faster eligibility for British citizenship
- Access to public funds
- Family reunification advantages
- Removing conditions like No Recourse to Public Funds (NRPF)
Key Requirements for Switching
To move from the 10-year route to 5-year route, you must:
- Hold valid leave in a 5-year qualifying category (e.g. Skilled Worker, Spouse visa)
- Meet the specific requirements of that category (financial, accommodation, English language)
- Restart the 5-year residence clock from the date of entry or visa grant in that category
Common Mistakes and Refusals in ILR Applications (and How to Avoid Them)
Applying for 5-year and 10-year ILR routes in the UK) is not just a formality — it’s a legal process that the Home Office scrutinises carefully. Even minor errors can result in delays, refusals, or worse — the loss of your lawful status in the UK.
At Axis Solicitors, we’ve seen first-hand how easily mistakes can occur, especially in self-submitted applications. Here’s a breakdown of the most common pitfalls — and how to avoid them.
1. Gaps in Lawful Residence
One of the biggest reasons for refusal, especially under the 10-year ILR route, is a gap in lawful status.
Common causes:
- Applying too late after visa expiry
- Gaps between visas due to switching categories
- Misunderstanding “grace periods” after visa expiry
How to avoid:
- Track every visa expiry and application date
- Ensure no overstaying, even for a single day (post-2016 rules are strict)
- Get a full immigration history check before applying — Axis Solicitors can do this via a Subject Access Request (SAR)
2. Excessive Absences
Both the 5-year and 10-year ILR routes in the UK have strict rules on time spent outside the UK:
- 5-year route: Max 180 days in any 12-month period
- 10-year route: Max 540 days in total over 10 years, and no absence of more than 180 days at once
Many applicants assume holidays, business travel, or emergencies are fine — but fail to track dates or provide evidence.
How to avoid:
- Maintain a detailed travel record (entry/exit dates)
- Keep copies of flight tickets, boarding passes, or visa stamps
- If absences were for compelling reasons (e.g. illness or work), gather proof like medical letters or employer confirmation
3. Incorrect or Missing Documents
Even if you qualify, the Home Office won’t accept your word — they need documented proof of:
- Residence
- Income (for family routes)
- English knowledge
- Life in the UK
- Absence history
Applicants often forget to submit something small — like a utility bill or certificate — and that can lead to rejection.
How to avoid:
- Use a document checklist (we provide one tailored to your case)
- Have your application reviewed by a solicitor before submission
- Ensure scans and uploads are clear and legible
4. Applying Too Early or Too Late
ILR applications must be timed carefully:
- Too early (before completing the qualifying period) = automatic refusal
- Too late (after visa expiry) = may break residence continuity
How to avoid:
- Calculate your eligibility date to the exact day
- Submit your application up to 28 days before completing your 5 or 10 years
- Let Axis Solicitors manage your timelines — we set calendar alerts for all clients
5. Failing the Life in the UK or English Test
Some applicants underestimate the Life in the UK test or book unapproved English exams. Others assume they’re exempt when they’re not.
How to avoid:
- Use only Home Office-approved test centres
- Prepare in advance — the Life in the UK test is not easy without study
- Contact us to confirm which tests are acceptable for your situation
6. Criminal Convictions or Bad Immigration History
If you have:
- Unspent convictions
- History of deception or dishonesty in previous applications
- Immigration breaches or absconding
These can lead to automatic refusal, even if you otherwise meet ILR requirements.
How to avoid:
- Disclose all convictions or previous issues to your solicitor early
- Submit mitigating evidence if appropriate
- Consider deferring your ILR or applying under human rights or private life grounds, if advised
7. Not Using a Legal Expert
Immigration law is complex and always changing. Submitting without expert help means taking unnecessary risks.
Why work with Axis Solicitors:
- We review every document and detail before submission
- We’ve handled thousands of successful ILR cases
- If issues arise, we can act immediately — unlike generic document-checking services
- We provide fixed-fee legal advice with no hidden charges
Frequently Asked Questions (FAQs)
When preparing to apply for Indefinite Leave to Remain (ILR), many people have similar questions — especially when choosing between the 5-year and 10-year settlement options. Below are answers to the most common queries we receive at Axis Solicitors.
Can I combine different visas to qualify for the 5-year and 10-year ILR routes in the UK?
Yes. The 10-year long residence ILR allows you to combine any type of lawful stay — including student visas, skilled worker visas, family visas, or discretionary leave. What matters is that you’ve lived in the UK lawfully and continuously for 10 full years.
Does time spent as a visitor count towards 10-year ILR?
Generally, no. Visitor visas are considered temporary, and time spent as a visitor usually doesn’t count unless you had another valid visa before or after that visit without gaps. A brief visitor stay won’t break the 10-year residence if there’s no overstay, but it may not count towards the qualifying period either.
What is the difference between SET(M), SET(O), and SET(LR)?
- SET(M) – For those applying for ILR as the spouse or partner of a British citizen or settled person (5-year family route)
- SET(O) – For those on work-related or other visa routes (e.g., Skilled Worker, Innovator, Global Talent)
- SET(LR) – For applicants under the 10-year long residence route
Can I apply for 5-year and 10-year ILR routes in the UK if I have a pending visa extension?
No. You must have valid leave to remain at the time of applying for ILR. If your visa is expiring soon, apply to extend it first, then apply for ILR once you meet the requirements.
Do I lose ILR if I leave the UK for a long time?
Yes. If you leave the UK for more than 2 consecutive years, your ILR status can be lost. To avoid this, return within that time or apply for a Returning Resident visa.
Do I need to meet financial requirements for 5-year and 10-year ILR routes in the UK?
Only some routes have a financial threshold:
- The 5-year partner route requires proof of income (currently £18,600+ per year for the main applicant)
- 10-year long residence does not have a financial requirement
What happens if my ILR is refused?
You may be given a right to:
- Administrative Review (for caseworker errors)
- Appeal (if human rights are engaged)
- Reapply (if something was missing or incorrect)
Can I apply for British citizenship after ILR?
Yes — after holding ILR for 12 months, most applicants become eligible to apply for naturalisation. If you're married to a British citizen, you may apply for citizenship immediately after receiving ILR (without waiting a year).
Can my dependants apply with me?
Under most 5-year routes, dependants (spouse, children) can apply for ILR at the same time, provided they’ve completed 5 years of leave.
Under the 10-year route, each person needs to qualify individually. Dependant children may be eligible sooner under the 7-year child route — we assess this in detail for all family-based applications.
How long does it take to process ILR applications?
- Standard applications: up to 6 months
- Priority service: 5 working days
- Super Priority service: 24 hours (additional cost)
Understanding the 5-Year and 10-Year Routes to ILR in the UK
For many foreign nationals living in the UK, securing Indefinite Leave to Remain (ILR) is a major milestone. ILR provides settled status, allowing you to live, work, and study in the UK without immigration restrictions and is often a crucial step towards British citizenship.
There are two main pathways to ILR: the 5-year route, which applies to those who have spent five continuous years in the UK on specific visas that lead directly to settlement, and the 10-year route, which is designed for those who have lived lawfully in the UK for a decade, often under multiple or less conventional visa types. Understanding the key differences between these two routes is essential to planning your settlement strategy effectively and avoiding delays or setbacks.
What is the difference between the 5-year and 10-year ILR routes?
The primary difference lies in the qualifying residence period and the type of visa(s) you’ve held during your time in the UK:
- The 5-year route is for individuals who have held specific visas that lead directly to settlement (e.g. Skilled Worker, Spouse, Global Talent). It requires you to meet strict eligibility and financial criteria, including limits on time spent outside the UK.
- The 10-year route is more flexible and allows you to combine time spent on different visa types, as long as the residence has been lawful and continuous. It does not require you to meet financial thresholds but takes longer to qualify and can be useful for those with complex immigration histories.
What Are the 5-Year and 10-Year Routes to Settlement?
The 5-year and 10-year routes refer to the minimum continuous lawful residence periods required before you can apply for ILR in the UK.
- 5-Year Route: Requires 5 years of continuous lawful residence on specific qualifying visas.
- 10-Year Route: Requires 10 years of continuous lawful residence, with more flexibility on visa types.
The 5-Year Route to Settlement
Who Qualifies?
This route is designed for individuals who have spent five continuous years in the UK on certain visa categories that lead directly to settlement. Typical eligible visas include:
- Skilled Worker visa (formerly Tier 2 General)
- Spouse or Civil Partner visa
- Ancestry visa
- Global Talent visa
- Innovator Founder visa
- Representative of an Overseas Business
- Minister of Religion visa
- Sportsperson visa
Key Requirements
- Continuous Residence: You must have lived lawfully in the UK for 5 years without significant breaks.
- Absence Limits: No more than 180 days outside the UK in any 12-month period.
- Financial Requirements: For some categories like the Spouse visa, a minimum income threshold applies (e.g., £29,000 as of April 2024).
- Life in the UK Test: Mandatory to prove knowledge of British culture and society.
- English Language: CEFR B1 level or equivalent.
- Clean Immigration Record: No serious immigration breaches or recent criminal issues.
- Application Timing: Can apply up to 28 days before reaching 5 years.
Documents You’ll Need
- copyright(s) covering the 5-year period
- Biometric copyright (BRP)
- Life in the UK Test certificate
- English language proof (test result or degree)
- Financial documents (e.g., payslips, bank statements)
- Proof of cohabitation (for family visas)
- Travel history/absence evidence
The 10-Year Route to Settlement
Who Qualifies?
This route is ideal for individuals who have lawfully lived in the UK for a continuous period of 10 years, even under different visa types.
Key Requirements
- Continuous Lawful Residence: No gaps or unlawful stays during the 10-year period.
- Absence Limits: No more than 540 days outside the UK in total; no single absence should exceed 180 days after April 11, 2024.
- Life in the UK Test: Required unless exempt.
- English Language: Same as the 5-year route (CEFR B1).
- Financial Requirements: No fixed threshold, but self-sufficiency must be shown.
What Counts as Lawful Residence?
Time spent under any of the following visa types may be included:
- Student visas
- Skilled Worker or Tier 2 visas
- Family visas
- Visitor visas (with no overstaying)
- Limited Leave under private life (Article 8)
- Asylum or humanitarian protection
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