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Indefinite Leave to Remain
By the time a settlement application is due, most of the facts that decide it have already happened.
Indefinite leave to remain is settlement: permission to stay without a time limit and without conditions on your work or study. Most routes require a qualifying period of continuous residence, alongside knowledge of language and life in the UK.
Applications are rarely refused because someone was ineligible. They are refused because the record does not support eligibility — absences beyond what the route allowed, a gap between permissions, a period in a route that does not count, evidence held by an employer who no longer exists.
That is why settlement is better advised on years before the application, and why a review at the application stage is often a reconstruction exercise.
Where the question is longer-term, see Settlement Strategy.
Who this is for
- Anyone approaching the end of a qualifying period
- People with absences they are unsure about
- Applicants who changed route or employer during the period
- Families settling at different times
- Anyone previously refused, or told they may not qualify
Common questions
How long do I need to have lived in the UK?
It depends on the route. Qualifying periods differ, and time in some routes does not count at all. The first thing to check is whether the route you are on leads to settlement, and on what timescale.
Will absences from the UK affect my application?
They can. Each route sets limits on absences within the qualifying period, and how absences are counted is not always intuitive. Keep a record of travel as you go; reconstructing years of it from passport stamps is unreliable.
Does changing employer affect settlement?
It can affect continuous residence if there is a gap, and it can affect which qualifying period applies where the change involves a change of route. Timing a move badly is one of the more common avoidable problems.
What if the rules change before I am eligible?
Rules do change, and no adviser can prevent that. What planning does is identify which parts of your position depend on the current rules and where a second option is worth keeping open.
Can I apply if I have had a refusal in the past?
Often yes, but the earlier refusal and its reasons form part of your immigration history and need addressing rather than omitting. How it is handled affects the outcome.
This page is general information and is not advice on your circumstances. Immigration Rules and Home Office guidance change; where a specific requirement, fee or threshold affects a decision you are taking, check the position in force at that date or ask us. Information on this page last reviewed August 2026.
Settlement is decided across the qualifying years, not on the application form.
Book a consultation for advice on your own position, or send an enquiry if you would rather speak to us first.
