Indefinite Leave to Remain (ILR) is a major immigration milestone, allowing eligible migrants to live in the UK permanently without being subject to immigration time restrictions. However, there is no single set of ILR requirements that applies to everyone.
The route an applicant follows can significantly affect the qualifying residence period, financial requirements, evidence required and practical issues that must be considered before applying. This is particularly important when comparing the family partner route with the Skilled Worker route.
Many applicants assume that reaching ILR after five years involves broadly the same requirements regardless of their visa category. In practice, the rules are quite different. A partner applying for settlement must demonstrate that their relationship remains genuine and that the relevant financial requirements are met, while a Skilled Worker must continue to meet employment and salary requirements linked to their sponsored role.
This blog post provides a side-by-side comparison of the two routes and explains the main ILR requirements for partner vs worker applicants.
ILR, also known as settlement, gives a person the right to live in the UK without a time limit. Once granted, the individual can generally work without sponsorship restrictions, change employment without applying for a new work visa and access public funds where they meet the relevant eligibility requirements.
The route to settlement depends on the immigration category under which the applicant has been living in the UK. A person on a family visa as the partner of a British citizen or settled person will normally apply under the family settlement rules. A person sponsored under the Skilled Worker route will generally apply under the work-route settlement rules.
This distinction is important because the qualifying residence period is only one part of the assessment. The financial, relationship, employment and documentary requirements can differ substantially.
An indefinite leave to remain comparison should therefore consider more than the length of time spent in the UK. Understanding these ILR eligibility differences early can help applicants plan their visa extensions, employment arrangements and settlement applications more effectively.
Applicants on the standard five-year partner route can normally apply for ILR after completing five years of qualifying residence in the UK.
In most cases, this consists of:
The applicant must normally complete the full qualifying period before applying. They should also ensure that they submit their ILR application before their current permission expires.
It is important to distinguish the standard five-year route from the ten-year family route. Some applicants are granted leave on a ten-year route because they did not meet all of the usual requirements when they first applied or because their case relied on exceptional circumstances. Time spent on the ten-year route does not automatically lead to settlement after five years.
Applicants should also check whether any changes in their immigration status, periods without valid leave or switches between routes affect the qualifying period. The rules concerning whether time can be combined are route-specific and should be reviewed carefully.
Applicants on the Skilled Worker route can normally apply for ILR after completing five years of qualifying residence.
The five-year period does not necessarily have to be covered by a single visa grant. A worker may receive several periods of Skilled Worker permission and combine them to complete the qualifying period.
In addition, time spent on certain predecessor or eligible work routes may count towards the qualifying period. For example, time previously held under the Tier 2 (General) route may generally be relevant where the applicable settlement rules permit it.
However, not all time spent in the UK can be counted. Time spent as a dependant, visitor or under an unrelated immigration route may not count towards Skilled Worker settlement. Applicants who have changed immigration categories should therefore review their full immigration history before assuming that they have completed the required five years.
The Partner visa ILR requirements include meeting the relevant financial requirement, unless an exemption or alternative provision applies.
For many applicants who first entered the partner route after April 2024, the minimum income requirement is generally £29,000 per year. Applicants who entered the route before that date and have remained on the same route with the same partner may benefit from transitional arrangements under which the earlier financial threshold continues to apply.
Income can potentially be demonstrated through different permitted sources, including employment income, self-employment income, certain non-employment income, pensions or qualifying cash savings. The applicable evidence rules are detailed and can depend on the source and timing of the income.
The financial requirement at the ILR stage should not be treated as an automatic formality. Applicants must still provide the specified evidence required by the Immigration Rules and demonstrate that they meet the applicable threshold.
The Skilled Worker ILR requirements on the other hand focus on the applicant’s continuing employment and salary rather than a family income threshold.
At the time of application, the worker must generally be paid at least the salary required under the applicable settlement rules. This may involve the relevant general salary threshold and the going rate for the occupation, with the higher applicable requirement normally being decisive.
The increase in the standard Skilled Worker salary threshold from £38,700 to £41,700 has made salary planning particularly important. However, transitional provisions may apply to workers whose first Skilled Worker or equivalent permission was granted before 4 April 2024 and who have held continuous qualifying permission since then.
If a worker’s salary no longer meets the applicable requirement when they apply for ILR, the application may be at risk even if they have completed five years of residence. Employers and applicants should review salary compliance well before the planned settlement date.
Both partner-route and Skilled Worker applicants normally need to meet the Knowledge of Language and Life in the UK requirements.
Applicants are generally required to pass the Life in the UK Test before submitting their settlement application. The test assesses knowledge of British history, institutions, traditions and everyday life.
For the standard settlement routes discussed in this article, applicants must normally demonstrate English language ability at least at CEFR level B1, unless they are exempt or have already satisfied the requirement in a way that can be relied upon under the Immigration Rules. The required standard increases to CEFR Level B2 for applications submitted on or after 26 March 2027
Applicants may be exempt from the English language requirement in certain circumstances, including where they are:
The English language rules contain detailed provisions concerning acceptable qualifications and evidence. Applicants should confirm that their proposed evidence meets the requirements before submitting the application.
Continuous residence is an important requirement for both the partner and Skilled Worker routes.
Under the current rules, an applicant will generally need to ensure that they have not spent more than 180 days outside the UK in any 12-month rolling period during the qualifying residence period. The calculation is based on whole days of absence, meaning that part-days are generally not counted in the same way.
Applicants should keep accurate travel records, including departure and return dates. Frequent business travel, overseas family commitments and extended periods abroad can create issues even where no single trip appears particularly long.
The rules governing ILR absences in the UK can also differ depending on when permission was granted and which route is being relied upon. A detailed review may be necessary where an applicant has older periods of leave, complex travel history or potential breaks in lawful residence.
The government’s proposed “earned settlement” reforms may also change the future settlement framework, including the standard qualifying period and the way residence-related criteria are assessed. These proposals should not be treated as automatically applying to every current applicant until the relevant Immigration Rules and transitional arrangements are confirmed.
Partner-route applicants must demonstrate that their relationship continues to meet the requirements of the Immigration Rules.
Evidence may include:
The Home Office will consider the evidence as a whole. Applicants should provide documents that show the relationship is genuine and subsisting rather than relying solely on a marriage certificate or a small number of photographs.
The financial evidence must also comply with the specified evidence rules. Depending on the income source, this may include payslips, bank statements, employer letters, tax documents or evidence relating to qualifying savings.
Skilled Worker applicants must show that they continue to meet the relevant work-route requirements.
Evidence may include:
The sponsor will normally need to confirm that the worker is still required for the role and that the relevant salary requirements are met.
The evidence is therefore focused primarily on employment continuity and compliance with the sponsorship requirements, rather than relationship evidence or household income.
A: Yes, a person may be eligible to switch from a partner visa to a Skilled Worker visa from within the UK.
However, changing routes can affect the settlement timeline. Time spent on a partner visa does not automatically count towards the five-year Skilled Worker settlement route. Depending on the applicant’s circumstances, a switch may result in a new qualifying period or require the applicant to rely on a different settlement route. Before switching, applicants should compare the long-term immigration consequences rather than considering only the immediate visa requirements.
A: Generally, time spent solely as a partner on a family visa does not count towards the five-year Skilled Worker settlement route.
The Skilled Worker route has specific rules concerning which immigration categories can be combined. Applicants who have spent time on multiple visa routes should review the relevant settlement rules carefully before calculating their qualifying period.
A: If a relationship breaks down before settlement is granted, the applicant may no longer meet the requirements of the partner route. The applicant and, where relevant, the sponsoring partner should notify the Home Office of the change in circumstances. The Home Office may then curtail the applicant’s permission.
Depending on their circumstances, the applicant may be able to switch into another immigration category, such as the Skilled Worker route, or may have other options available. Any switch should be considered carefully because it may affect the settlement qualifying period.
A: Applicants can generally submit an ILR application up to 28 days before completing the required qualifying period.
Applying too early may result in refusal. The calculation should take account of the exact date on which the qualifying residence period is completed, as well as any relevant absence limits and route-specific requirements.
Applicants should also avoid allowing their current visa to expire while waiting to become eligible. If the qualifying period will not be completed before the current permission expires, an extension may be required.
Both the partner and Skilled Worker routes can lead to ILR, but the requirements are not interchangeable.
Partner-route applicants must focus on the continuing relationship, cohabitation and financial requirements. Skilled Worker applicants must demonstrate ongoing sponsored employment and compliance with the applicable salary requirements. Both routes also involve residence, absence, English language and Life in the UK requirements.
Understanding the differences well before the intended application date can help applicants identify potential issues, prepare the correct evidence and avoid unnecessary delays. Where an applicant has switched visa categories, experienced a relationship change or has a complex travel history, specialist advice may be particularly valuable.
Whether you are on a family visa or a Skilled Worker visa, understanding the ILR requirements for your specific route can help you prepare properly and avoid delays.
A specialist immigration adviser can review your immigration history, qualifying residence, absences, financial or salary position and supporting evidence before you submit your application. If you are unsure which settlement rules apply to you, seek advice well in advance of your planned ILR application date.