Indefinite Leave to Remain (ILR) in the UK (2026): The Current 5-Year Rules, the 180-Day Absence Trap, and the Earned Settlement Reform

Indefinite leave to remain (ILR), also called settlement, is permanent immigration status in the UK. It allows the holder to live and work in the UK without time restriction, to access most public funds and, once further requirements are met, to apply for British citizenship. As at October 2026, most work and family routes qualify for ILR after five years of continuous lawful residence, although the government has consulted on reforms that would make ten years the standard qualifying period for most applicants.

That reform has not yet been introduced. The consultation on an earned settlement system closed on 12 February 2026, and in March the Home Secretary said the government was reviewing the responses, so the current five-year rules continue to apply. A separate change has already been made: an Immigration Rules change on 5 March 2026 raises the English language requirement for most settlement applicants from March 2027. Because the position may change again, anyone planning an application should verify the rules in force on gov.uk at the date they apply.

This article covers the current requirements, the rolling 180-day absence rule, the tests, the proposed earned settlement reform and who would be exempt from it, and the common reasons applications are refused.

What ILR gives you

ILR removes the time limit on your stay, which means you can:

• live and work in the UK without visa restrictions;
• access most public funds and services;
• leave and re-enter the UK, provided you are not absent long enough to lose the status;
• apply for British citizenship by naturalisation once the further requirements are met.

ILR has no expiry date, but it can be lost. Two years of continuous absence from the UK generally causes it to lapse, and serious criminality can lead to its revocation.

The current qualifying period (October 2026)

The qualifying period depends on the route. As at October 2026:

Route	Qualifying period
Skilled Worker and most work routes	5 years
Partner of a British citizen or settled person	5 years
Global Talent	3 years (in some cases)
Innovator Founder	3 years
Long residence (lawful)	10 years
EU Settlement Scheme (pre-settled to settled)	5 years

The qualifying period must be continuous and lawful, so time spent in breach of immigration laws, or on a route that does not lead to settlement, generally does not count.

The 180-day absence rule

For most five-year routes, the applicant must not have spent more than 180 days outside the UK in any rolling 12-month period during the qualifying period. The limit is assessed across every 12-month window in the qualifying period, working backwards from any date, rather than by calendar year. An applicant who spent 100 days abroad late in one year and 100 days abroad early in the next can therefore breach the limit even though neither calendar year exceeded 180 days, because a 12-month window spanning both periods captures 200 days.

Absences count whatever their reason, including holidays, business travel, remote work abroad and family emergencies. Limited exceptions exist for serious or compelling reasons, and some routes have specific carve-outs, but the default position is that every day outside the UK counts. Mapping your absences across every rolling 12-month window in the qualifying period before you apply is the most effective way to identify a problem while there is still time to deal with it.

The tests

Life in the UK test. A 24-question multiple-choice test taken in 45 minutes at an approved centre, with a 75% pass mark, covering British history, culture and government, and it costs £50.

English language. Currently demonstrated at B1 level or higher, through an approved test, a degree taught in English, or nationality of a majority English-speaking country. Under the Immigration Rules change made on 5 March 2026, most settlement applicants will need to meet a higher standard, equivalent to a UK A level qualification, from March 2027, which the government estimates takes around 200 hours of learning to reach from the current level.

Applicants aged 65 or over, and those with a long-term physical or mental condition that prevents them meeting the requirements, are exempt from both tests.

The earned settlement reform

The government consulted on an earned settlement system, with the consultation closing on 12 February 2026. The central proposal is that ten years would become the standard qualifying period for most routes, which could then be reduced for people who meet particular contribution, skills and integration criteria, including:

• higher earners;
• applicants with English at C1 level;
• Global Talent and Innovator Founder visa holders (three years);
• public service workers (five years).

The proposals also exempt partners of British citizens, BN(O) visa holders and those with EU Settlement Scheme status from the extension.

The government has said that it intends to apply any changes to people already in the UK who have not yet received settlement, which is why the reform matters to people part-way through a qualifying period now. As at October 2026, however, the ten-year period has not been introduced and the detail and timing remain to be confirmed. The practical course is to verify the rules in force on gov.uk at the date of application and to take advice if your timeline is likely to overlap with the reform.

The application and fee

1. Confirm eligibility and absences, mapping every rolling 12-month window before anything else.
2. Pass the Life in the UK test and meet the English requirement, unless exempt.
3. Complete the online application on gov.uk and pay the fee. The ILR fee is £3,226 for each applicant, including dependants, under the fee schedule in force since 8 April 2026, and it was unchanged in the schedule from 8 October 2026.
4. Enrol your biometrics at a service point.
5. Wait for the decision. Standard processing usually takes up to six months, and a faster service is available on many routes for an additional fee.
6. Receive the decision. Once granted, ILR has no time limit.

Common reasons ILR applications are refused

• Exceeding the 180-day rolling absence limit, for example because the applicant counted absences by calendar year rather than across rolling 12-month windows.
• A gap in lawful leave, since even a short period of overstaying during the qualifying period can break continuous residence.
• Applying on a route that does not lead to settlement, or switching routes part-way through in a way that resets the qualifying period.
• Failing the Life in the UK or English requirement, or relying on an exemption that is not properly evidenced.
• Criminality or character issues disclosed or discovered during checks.
• Applying too early, more than 28 days before the qualifying period completes, or too late, after leave has expired.

When to instruct a solicitor

A refusal costs a substantial, non-refundable fee and can delay the route to citizenship, so specialist advice is worthwhile where any of the following applies:

• your absences are close to or over the 180-day limit in any rolling window;
• you have had a gap in lawful leave during the qualifying period;
• you have switched immigration routes during the qualifying period;
• you have a criminal record, caution or other character issue;
• your timeline may overlap with the earned settlement reform and you need to understand which rules will apply;
• a previous settlement application has been refused.

You can find an immigration solicitor through the Law Society directory, or an adviser registered with the Office of the Immigration Services Commissioner (OISC) at Level 2 or 3.

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Fees and the English requirement were checked against gov.uk on 3 October 2026: the Home Office fee schedules of 8 April 2026 and 8 October 2026, and the Home Office announcement of 5 March 2026. This page is general information, and the law is under active reform: the earned settlement proposals described here were not in force when it was checked, and the current rules continued to apply. Verify the rules in force on gov.uk at the date you apply, and for your specific circumstances instruct a qualified immigration solicitor or OISC-registered adviser.

Part of the Janus Compliance UK Immigration cluster. Part of the route to settlement: see UK Spouse Visa Financial Requirement and Naturalisation as a British Citizen. See also: Legal hub, Family law, Employment law.