The UK government has released official guidelines identifying nine distinct groups eligible to apply for Indefinite Leave to Remain (ILR) by 2026. ILR grants individuals the right to live, work, and study in Britain indefinitely and serves as a key step toward British citizenship.
Who Can Apply for ILR?
The categories outlined include:
- Workers holding qualifying visas such as Skilled Worker, Global Talent, Innovator Founder, Scale-up Worker, or Tier 1 visas.
- Family members of British citizens or ILR holders, including partners, parents, children, or other relatives.
- Individuals with continuous residence in the UK for 10 or more years.
- Commonwealth citizens residing for five years on a UK Ancestry visa or those with the right of abode.
- British National (Overseas) visa holders living in the UK for at least five years.
- Refugees, those under humanitarian protection, or on Discretionary Leave.
- People returning to the UK who previously held ILR.
- Former members of the British armed forces.
- Stateless persons granted permission to remain.
Residency Periods and Special Cases
Residency requirements before applying vary by visa type. Most work visa holders must complete five years in the UK, with some Tier 1 visa holders eligible after two or three years. Holders of Global Talent or Innovator Founder visas can apply after three years.
Family-based applicants' eligibility depends on the visa held and the status of their UK-based relatives. Special provisions exist for cases involving death of a partner or domestic violence.
EU, EEA, and Swiss nationals are directed to the EU Settlement Scheme rather than the standard ILR process. Additionally, some Commonwealth citizens, including those under the Windrush scheme, may apply for British citizenship directly without first obtaining ILR.
