What is the Difference Between the 5-Year and 10-Year Route to ILR?

The 5-year route and 10-year route to Indefinite Leave to Remain (ILR) in the UK offer different paths to settlement, but both lead to the same goal: permanent residency. The 5-year ILR route allows certain visa holders, such as those on a Skilled Worker visa or Spouse visa, to apply for ILR after five years of lawful residence. In contrast, the 10-year ILR route is designed for individuals who have lived in the UK for a decade, often under a combination of different visa types or on a family-based visa.

The key distinction between the two routes lies in the time it takes to qualify for ILR. The 5-year route offers a quicker path, but the 10-year route is essential for long-term residents who don’t meet the criteria for the faster option. Both routes require continuous lawful residence and completing the Life in the UK test, demonstrating your knowledge of British culture and history.

Choosing the correct route is critical for a successful application. For instance, if you’re on a Skilled Worker or Spouse visa, you’ll likely be eligible for the 5-year route. If you’ve lived in the UK for a decade but don’t meet the 5-year route’s specific visa requirements, the 10-year route may be the right option.

What is the 5-Year Route to ILR?

The 5-year route to ILR allows certain visa holders, such as those on a Skilled Worker visa or Partner visa, to apply for permanent settlement after five years of continuous residence on the same type of visa. This route is the fastest way to secure Indefinite Leave to Remain (ILR), enabling individuals to enjoy the benefits of permanent residency, including the right to live, work, and access public services without restrictions.

Applicants must hold specific visas to qualify for the five-year route. For instance, individuals on a Skilled Worker visa, a Spouse visa (partner of a British citizen or settled person), or a UK Ancestry visa are eligible. These visa types allow a path to ILR after five years of residence in the UK, provided that certain conditions are met.

The most essential condition is continuous residence on the same type of visa. Applicants must live in the UK for five years under an eligible visa. Absences from the UK are permitted but cannot exceed 180 days in any 12 months, meaning the total absences must not exceed 450 days over the five years. This ensures that the UK remains your primary place of residence throughout this period.

In addition to meeting the residency requirement, applicants must pass the Life in the UK test, which assesses knowledge of British customs and culture, and demonstrate proficiency in English at the B1 level or above. These requirements are crucial steps in the application process, and individuals must meet them before applying for ILR.

This 5-year route is the quickest path to ILR for those who qualify, making it an appealing option for visa holders who want to settle in the UK sooner.

Eligibility Criteria for the 5-Year ILR Route

The 5-year route to Indefinite Leave to Remain (ILR) is available to applicants holding specific UK visas that lead to settlement. To qualify, you must complete five continuous years in the UK under a visa that is part of the standard ILR pathway.

In addition to the residence requirement, applicants must meet other criteria. These include meeting the specific requirements of their visa, such as the financial requirements for a Spouse visa or the salary thresholds for a Skilled Worker visa. Furthermore, applicants must meet the general ILR requirements, which include passing the Life in the UK test, demonstrating English proficiency at B1 level or higher, and proving good character.

• Eligible visas:
  • Skilled Worker visa
  • Spouse or Partner visa
  • Ancestry visa
  • Other qualifying work and family visas
• Residence requirement:
  • 5 continuous years of residence in the UK under a qualifying visa.
  • No more than 180 days absence in any given year, total absences of no more than 450 days across the 5 years.
• Other criteria:
  • Meet the financial requirements of your specific visa (e.g., proof of income for a Spouse or Skilled Worker visa).
  • Pass the Life in the UK test and show English proficiency at the B1 level. English proficiency may also be proven by evidence that you’ve completed a degree which was taught in English.
  • Maintain good character and comply with all UK immigration rules.
  • Remain on the same type of visa for the whole 5 years.

Switching from one visa type to another—such as moving from the High Potential Individual Visa to a Skilled Worker Visa will reset your Indefinite Leave to Remain (ILR) clock. The only exception is the 10-year-long residence route, which counts continuous lawful residence across multiple visa types. If you aim to reach ILR via a 5-year route, you must start that count again from when you switch to the qualifying visa.

With eligibility clarified, the next step is understanding how to navigate the application process for the 5-year route.

Application Process for the 5-Year ILR Route

Applying for ILR via the 5-year route involves several steps, including filling out the correct application form, providing supporting documents, and paying the necessary fees. Below is a clear, step-by-step guide to help you through the process.

Step-by-Step Application Process:

• When to apply:
  • You can apply for ILR up to 28 days before completing the 5 years on your eligible visa.
  • Important: Do not apply too early or after your visa expires. Applying too early can result in your application being rejected.
• Application form:
  • Fill out the correct ILR application form based on your visa type.
    • For work visas (e.g., Skilled Worker), use Form SET(O).
    • For partner visas, use Form SET(M).
  • Complete the form online through the official gov.uk website. Ensure all details are accurate.
• Supporting documents:
  • Gather all necessary documentation to prove your continuous residence and eligibility.
    • Passport or Biometric Residence Permit (BRP).
    • Proof of continuous residence (e.g., tenancy records, utility bills, employer letters, or any other documentation showing you’ve been living in the UK for five years).
    • Life in the UK test pass certificate.
    • English language certificate (B1 level or higher).
  • Ensure that all documents are up-to-date and accurately reflect your time spent in the UK.
• Fees and biometrics:
  • Pay the ILR application fee. According to current guidelines, standard processing costs approximately £2,885, increasing to  £3,029 on April 9.
  • Additional costs may include the biometric fee (around £19.20) for providing your fingerprints and photograph and a priority service fee if you opt for faster processing. The costs are £500 for priority and £1000 for super priority.
  • After submitting the application, schedule and attend your biometric appointment to provide fingerprints and a photograph.
• Processing time:
  • Standard processing usually takes around 6 months.
  • Faster options are available at an additional cost, such as 24-hour processing for a premium fee or priority service for a quicker decision.
  • Remember that processing times may vary depending on your circumstances and the workload of the Home Office.

Reassurance and Professional Help:

The ILR application process may seem rigorous, but with careful preparation, many applicants succeed. Suppose you are uncertain about the documentation or how to handle any part of the process. In that case, Cromwell Wilkes’ immigration lawyers can help ensure everything is prepared for a smooth application. With expert guidance, you can navigate the complex requirements with confidence.

What is the 10-Year Route to ILR?

The 10-year route to ILR, also known as the long residence route, is designed for individuals who have lived lawfully in the UK for ten years. This route provides an option for people who may not meet the criteria for the faster 5-year route but have established a long-term residence in the UK, even if that time was spent on various visa types.

Applicants must have resided in the UK for 10 years under any combination of work, study, or family visas to qualify for this route. For example, someone who initially arrived on a Tier 4 Student visa, then moved to a Tier 2 Work visa, and later transitioned to a Family visa could still qualify for ILR under the 10-year route. The key requirement is that all residents be lawful and continuous during this period.

Applicants aiming for Indefinite Leave to Remain (ILR) under the 10-year-long residence route must prove they have lived lawfully in the UK for ten continuous years.

Time spent on most long-term visas—including Student Visas and Graduate Visas—does count towards this period. However, short-term visas, such as Visitor Visas or any visa valid for six months or less, do not count.

To qualify, the residence must be continuous, with no significant gaps or periods of overstaying.

Additionally, applicants must meet the exact core eligibility requirements of the 5-year route, including passing the Life in the UK test, demonstrating English proficiency at the B1 level, and having good character.

This route is especially relevant for people who entered the UK as children and have lived here for most of their lives or for those who have lived in the UK for an extended period but don’t meet the requirements of the 5-year route. The 10-year route also serves individuals who have built a private life in the UK and have legally resided here for a significant amount of time.

Eligibility Criteria for the 10-Year ILR Route

To be eligible for ILR via the 10-year-long residence route, you must have lived in the UK legally for 10 continuous years, maintaining lawful residence without significant gaps or extended absences. Additionally, you must meet all other legal and immigration requirements, including maintaining good character throughout your stay.

Here are the key eligibility conditions:

• Continuous Legal Stay:
  To qualify for Indefinite Leave to Remain (ILR) under the 10-year-long residence route, you must have lived in the UK continuously for ten years under valid visas or leave to remain. Each period of leave must follow the previous one without gaps. You must not have overstayed your visa at any point. However, submitting a new visa application before your current visa expires protects your stay under Section 3C of the Immigration Act 1971. This provision extends your lawful status while your new application is pending. It ensures that the time between visa grants remains legally continuous and does not break your 10-year residence. Failing to apply before your visa expires, without the protection of S.3C, will break continuity and reset your ILR clock.

• Absence Limit:
  To qualify for Indefinite Leave to Remain (ILR) under the 10-year-long residence route, you must not have spent more than 540 days outside the UK over the 10-year period. Additionally, you cannot be absent from the UK for over 180 days in 12 months. This isn’t limited to a single trip and refers to the total number of days spent outside the UK within any 12-month window. This ensures that the UK is your primary place of residence for the entire 10-year period. The Home Office rules are strict on this, and exceeding these limits could jeopardise your application.

• Good Character:
  You must demonstrate that you have complied with all the conditions of your visas or leave to remain. This means you cannot have worked without authorisation or stayed in the UK illegally. Any criminal activity or serious offences can negatively impact your ILR application, as the Home Office requires applicants to prove they have maintained good character throughout their stay in the UK.

Notably, the 10-year route does not have a financial requirement, unlike some 5-year routes, which may have salary or financial thresholds, such as for the Skilled Worker and Spouse visa. However, you must still meet the English language requirement and pass the Life in the UK test.

If there have been any short gaps in your visa status or if you exceeded the absence limits slightly, it’s a good idea to consult an immigration lawyer. Sometimes, careful documentation or discretionary allowances can help you overcome minor issues. Cromwell Wilkes can assist in reviewing your case and advising on the best course of action.

Application Process for the 10-Year ILR Route

To apply for ILR after 10 years of continuous lawful residence in the UK, you must submit the SET(LR) long residence application form. This application process is similar to other ILR routes but requires additional documentation to prove your 10 years of stay.

Step-by-Step Application Process:

• When to apply:
  • You can apply up to 28 days before completing the entire 10 years of lawful residence. Applying any earlier will result in the application being refused because you haven’t met the required time period.
• Form SET(LR):
  • Individuals applying for ILR through the long residence route must complete the SET(LR) application form online, which is available on the UKVI website.
• Gather necessary documents:
  • Provide proof of 10 continuous years of residence in the UK. Essential documents include:
    • Old passports or BRPs showing visa stamps.
    • Home Office letters or records of your visa status.
    • Tenancy records, utility bills, or other documents prove your continuous UK residence.
    • Employment or study records (e.g., employer confirmation, university letters).
• Absence evidence:
  • If you travelled outside the UK for 10 years, you must provide evidence of those trips. This can include:
    • A cover letter listing the dates of all absences.
    • Any supporting documents (flight tickets, travel itineraries, etc.) to show the duration and purpose of your travel.
• Submit & pay:
  • Pay the ILR application fee and the Immigration Health Surcharge (IHS), if applicable. Note that the IHS is typically paid as part of the initial visa application, but you may need to pay for any additional healthcare access when applying for ILR.
  • Attend your biometric appointment to provide fingerprints and photographs. This is a requirement for all ILR applications.
• Application submission:
  • You can submit your application and documents online through the UKVI website. You must upload scanned copies of all supporting documents.
  • Use a UKVCAS centre for biometric collection (fingerprints and photographs), which is part of the application process.
• Processing time:
  • Standard processing typically takes around 6 months for the long residence ILR route.
  • Options for priority processing may be available, but they may not always apply to long-residence cases. It’s advisable to apply as early as possible to avoid any delays.

The application process for the 10-year ILR route can be document-heavy, requiring detailed proof of your entire 10 years in the UK. Professional guidance can make a significant difference in ensuring your application is thorough, and all necessary documents are included. Cromwell Wilkes can help you navigate this complex process and ensure everything is submitted correctly.

Next, we’ll compare the 5-year and 10-year routes side-by-side so you can understand the key differences.

Key Differences Between the 5-Year and 10-Year ILR Routes

The 5-year ILR route is a faster path to settlement, designed for those holding specific visas like the Skilled Worker or Spouse visa. On the other hand, the 10-year ILR route offers a longer path that allows applicants to combine different types of visas, such as student, work, or family visas, to qualify for permanent residency after an entire decade of lawful residence.

Factual Comparison:

 

Factor	5-Year Route	10-Year Route
Qualifying Visas	Specific visas (e.g., Skilled Worker, Spouse)	Any lawful visas (e.g., Student, Work, Family)
Timeframe	5 years to apply for ILR	10 years to apply for ILR
Absences	<=180 days/year; no more than 450 days total	<=180 days/year; no more than 540 days total
Requirements	English B1, Life in the UK, specific visa requirements	English B1, Life in the UK, long residence documentation
Application Form	SET(O), SET(M), or others based on visa type	SET(LR) form for long residence
Typical Applicant Scenarios	Skilled Worker visa holders, Spouse visa holders	Long-term residents, former students, family-based applicants
Financial Requirements	Specific to visa (e.g., salary requirements for work visas)	No financial requirement for long-residence ILR

 

Pros and Cons:

• 5-Year Route Pros:
  • Quick settlement—you can achieve ILR in 5 years, half the time of the 10-year route.
  • It is more structured and straightforward if you meet the visa-specific rules.
• 5-Year Route Cons:
  • This is limited to specific visas. If your visa status changes (e.g., due to a job loss or relationship breakdown), you may have to switch visas, potentially resetting your ILR clock.
• 10-Year Route Pros:
  • More flexible as it allows a combination of different visa types to contribute to the 10 years of residence (e.g., from student to work to family visas).
  • An option for those who don’t qualify for the 5-year route due to visa type or other restrictions.
• 10-Year Route Cons:
  • Longer wait—it takes 10 years to qualify for ILR.
  • You must maintain continuous lawful status for the entire period; any lapses or absences may affect your application.
  • No early ILR under a shorter route unless you switch visas.

If you are eligible for the 5-year route, it’s generally the best option for faster settlement. However, if you do not meet the requirements for the 5-year route or have already accumulated time under multiple visa types, the 10-year route can still help you reach Indefinite Leave to Remain.

Next, we’ll look at the implications of ILR status, whether it can expire, and the advantages of switching to British citizenship.

Does ILR Expire?

While Indefinite Leave to Remain (ILR) offers permanent residency in the UK, it does not last forever under all circumstances. ILR does not come with an expiry date like a visa, but it can be lost if certain conditions are violated.

• No expiry date: ILR is permanent residency, meaning it has no fixed end date. Unlike a visa, you don’t need to renew your status annually or biannually. Once granted, you can live, work, and access services in the UK without restrictions.

• 2-year absence rule: However, if an ILR holder stays outside the UK for 2 years or more, their ILR status will automatically lapse. To return, you must apply for a Returning Resident visa, which can be complicated.

• Revocation conditions: ILR can be revoked in extreme cases, such as deportation due to criminal activity or fraudulently obtained ILR. Serious violations of UK immigration law or criminal conduct can also result in the loss of ILR status.

Once you’ve obtained ILR, you can live and work in the UK without restrictions and no longer need to pay the Immigration Health Surcharge. However, it’s important to note that ILR is not the same as citizenship.

• Absences: The 2-year rule is crucial to understand. If you plan to stay outside the UK for over two years, your ILR will lapse by law. For example, if you’re moving abroad or planning long-term travel, you must be mindful of this rule. To maintain your status, the best practice is to avoid staying out of the UK for an extended period.

• Maintaining ILR means avoiding absences of two years or more and ensuring your immigration status remains verifiable. While Biometric Residence Permits (BRPs) have now been phased out, all ILR holders are issued eVisas. Retaining any previous BRP as supporting evidence of your settled status is still advisable.

• Path to Citizenship: Many ILR holders consider applying for British citizenship after holding ILR for 12 months (unless married to a British citizen, in which case they can use it immediately). Becoming a citizen not only gives you a UK passport but also removes the 2-year absence rule, ensuring you won’t lose your rights if you live abroad for an extended period.

How Cromwell Wilkes Can Help

Navigating the ILR application process can be complex, but Cromwell Wilkes offers expert guidance to make the journey smooth and straightforward. Our experienced immigration lawyers specialise in the 5-year and 10-year ILR routes, ensuring clients understand their options, avoid mistakes, and complete a robust application.

• Expert advice: Our experienced lawyers assess your eligibility for ILR and provide tailored advice on the best route for your circumstances. Whether you’re eligible for the 5-year route or need to apply through the 10-year route, we ensure you understand the requirements and the most effective way to proceed.

• Application support: We offer professional assistance in preparing your ILR application, including checking documents, ensuring you meet all the requirements, and guiding you through the process from start to finish. From helping you with Life in the UK test preparation to form filing, we take the stress out of the application process.

• Successful outcomes: With Cromwell Wilkes, clients benefit from a higher confidence level and reduced stress, knowing that experts are handling the complexities of UK immigration law on their behalf. Our team stays updated on the latest Home Office rules and understands how to navigate tricky cases, including situations with past gaps or those switching from a 10-year route to a 5-year route.

We can identify potential issues early—such as absences or missing documents—and provide solutions before they become roadblocks. For example, if you’re unsure which ILR route you qualify for, our lawyers can clarify this and potentially help you switch to a faster route if eligible.

Get Your Visa Effortlessly with Cromwell Wilkes

Contact Cromwell Wilkes today for personalised advice on your ILR journey. Whether you’re aiming for the 5-year route or building towards the 10-year-long residence route, our experts will guide you every step of the way to secure your Indefinite Leave to Remain. 

Please complete this form with as much information as possible for your consultation. This will enable your appointed Cromwell Wilkes lawyer to provide you with the best service and support. Rest assured that we will prioritise your inquiry, and you should receive a response within 24-48 hours.

FAQs (Frequently Asked Questions)

Can I switch from the 10-year route to the 5-year route for ILR?

A: Yes, it’s possible to switch to the faster 5-year route if you become eligible. For instance, you could switch to a visa that qualifies for the 5-year ILR, such as a Spouse visa or Skilled Worker visa. However, note that time spent on the 10-year route may not count towards the 5-year requirement, and the clock typically resets when switching. Professional advice is recommended to fully understand the implications of making this change.

Does time as a student or on a Youth Mobility visa count towards the 10-year ILR route?

A: Yes, any lawful stay in the UK can count towards the 10-year-long residence ILR, including time spent on a Student visa or a Youth Mobility Scheme visa. If you maintain continuous legal residence, this time can be added to your 10-year period. However, time spent on a visitor visa or during an illegal stay doesn’t count.

Do I need to pass the Life in the UK test for the 5-year and 10-year ILR routes?

A: Yes, the Life in the UK test is required for the 5-year and 10-year ILR routes (with minimal exceptions, such as certain age groups or individuals with disabilities). This test is a standard requirement to ensure applicants understand British life, culture, and history before being granted Indefinite Leave to Remain.

How long does ILR application processing take, and is it different for 5-year vs 10-year routes?

A: The processing time for ILR applications generally takes 3-6 months for both the 5-year and 10-year routes. The time it takes primarily depends on the Home Office workload, not the route you apply under. However, priority services are available for an additional fee, which can speed up the process to just a few weeks or even 24 hours in some cases. To account for potential delays, applying as early as possible (up to 28 days before meeting the requirements) is best.

What happens if I had a small gap or overstayed briefly during my 10-year period?

A: A brief gap or overstay can complicate a 10-year ILR application since the long residence rule requires continuous legal residence. While the Home Office may show discretion for minor gaps or overstays, there is no guarantee that this will be accepted. It’s essential to seek legal advice if you have any period where you were not legally allowed to stay in the UK. Cromwell Wilkes can assess whether your 10-year clock remains intact and help you address any potential risks.

 Are there any fees for applying for ILR?

A: Yes, there are fees associated with the ILR application. The standard ILR application fee is around  £2,885, increasing to  £3,029 on April 9.) Applicants may also need to pay for biometric services. Additionally, if you are applying through a priority service, that will incur an extra fee. 

Can dependants apply for ILR with me?

A: Yes, Dependants (your spouse or children) can apply for ILR with you if they live in the UK under an eligible visa. Dependants must meet the exact requirements as the primary applicant, including passing the Life in the UK test and meeting residency and character conditions.