ILR After 5 Years: Eligibility Checklist for 2026
Indefinite leave to remain (ILR) lets you live in the UK without a time limit. This checklist covers the five-year routes as they stand in October 2026.
Has the five-year rule changed?
Not yet. The government consulted on an earned settlement model, with a proposed ten-year baseline, between November 2025 and February 2026. As at October 2026 those proposals are not in the Immigration Rules, and most work and family routes still lead to ILR after five years. Applications are decided under the rules in force when they are made, and you can usually apply up to 28 days before completing your qualifying period.
Checklist before you apply
You have spent the qualifying period on an eligible route, such as Skilled Worker or the five-year partner route
Your residence has been continuous, and your absences are within the limits for your route (most routes allow no more than 180 days outside the UK in any 12-month period)
You still meet the route requirements, for example a continuing job and qualifying salary on the Skilled Worker route, or a genuine relationship and the financial requirement on the partner route
You have passed the Life in the UK test, unless exempt
You meet the English language requirement, currently CEFR level B1 in speaking and listening, unless exempt
There are no suitability issues, such as criminality, immigration breaches or unpaid NHS charges
English language: a change is coming
The Home Office has announced a higher English requirement, CEFR level B2, for settlement applications made on or after 26 March 2027. If you qualify before then, applying promptly may avoid the need for a further English test.
After ILR is granted
Your status is held digitally as an eVisa. Most people can apply for British citizenship 12 months after receiving ILR, or straight away if married to or in a civil partnership with a British citizen, subject to the naturalisation requirements.
How we can help
Waltham Law Chambers is an IAA-regulated immigration adviser in Leyton, East London. We review your immigration history, calculate your qualifying period and absences, and prepare straightforward ILR applications where instructed. Cases needing discretion or representations beyond our authorisation are referred appropriately. We do not guarantee outcomes.
This article is general information as at October 2026 and is not advice on your individual circumstances. Always confirm the rules in force on the date you apply.
Comments