The ultimate guide to settling in the UK: What every mum should know about ILR

For many mums planning to make the UK their long-term home, indefinite leave to remain (ILR) is an important milestone that can provide greater stability and, eventually, a pathway to British citizenship. ILR affords holders the right to live, work, study, and engage in other activities with minimal immigration restrictions.

However, keeping up with ILR’s intricate eligibility rules, documentation, and application process can be challenging. While you can use the ILR eligibility calculator to assess your eligibility and consult an immigration expert for guidance with the entire application process, this article provides a detailed indefinite leave to remain guide for mums intending to settle in the UK.

What is Indefinite Leave to Remain?

Indefinite leave to remain allows foreign nationals to live in the UK without a time limit. The status allows you to work or set up a business, study, vote in certain elections and referendums, access healthcare services, claim public benefits, and freely leave and re-enter the UK. It also provides a direct pathway to citizenship.

Despite the permanency of ILR, it is possible to lose it in extreme circumstances, such as if:

• You have long absences of at least two continuous years outside the UK, the Channel Islands, or the Isle of Man
• You commit a serious crime or face a deportation order
• The Home Office finds out that you committed fraud, lies, or deception in the obtainment of your ILR
• You received ILR on humanitarian or refugee grounds, and the Home Office cancels it.

Indefinite Leave to Remain Eligibility Requirements 2026

To be eligible for ILR, you must have lived in the UK for either 10, 5, or 3 years depending on your circumstances, and must not have spent more than 180 days out of the UK in a 12-month period during the qualifying window.

The 10-year long residence route applies if you have spent a long time in the UK, typically across different visa categories, but have been unable to accumulate enough time on a single five-year route.

Time spent on the following visas can make you eligible for ILR:

• Spouse/Civil Partner/Unmarried Partner
• Skilled Worker
• Health and Care Worker, British Nationals (Overseas)
• UK Ancestry
• Scale-Up Worker visa
• Representative of Overseas Business
• International Sportsperson
• Minister of Religion

Other visas such as the Innovator Founder and Global Talent allow 3 years of residency to qualify for ILR. However,  if you were sponsored as an exceptional promise by Tech Nation and Arts Council England on the Global Talent visa, you must have spent 5 years on the route to apply for ILR.

Other requirements for ILR include:

• Passing the Life in the UK test if you are aged 18 to 64
• Meeting the minimum income threshold of £29,000 for the Spouse/Partner visa or the salary requirement for the Skilled Worker visa or other work pathways
• Proving B1 English proficiency on the Common European Framework of Reference for Languages (CEFR) through taking a proficiency test, by nationality, or a degree obtained or researched in English
• Having a clean criminal record and no history of UK immigration breaches

Can Motherhood and Family Life Impact Eligibility for ILR?

Motherhood and family life do not automatically prevent you from qualifying for settlement. For instance, if you are on a work visa and you take parental leave, your employer must report your maternity absence to the Home Office within ten working days in line with sponsorship duties. However, as long as your visa remains valid and you do not travel overseas for extended periods, parental leave itself does not affect the continuous residence requirement for ILR.

Note that changes in family circumstances, such as marriage, divorce, or changes to your partner’s immigration status may have implications depending on the visa you hold. If your current immigration permission is based on your relationship with a partner, a change in that relationship could affect your settlement plans.

Applying for Indefinite Leave to Remain

Here is a step-by-step process to apply for indefinite leave to remain:

1. Verify that you meet the requirements and prepare the required documents. Documents to submit include:
   1. Passport, BRP (if you hold it), and eVisa proof
   2. Tax papers, payslips, tenancy agreements, or other documents showing proof of continuous residency
   3. Life in the UK test result
   4. Proof of a successful Secure English Language Test (SELT) “result
   5.  A complete list of travel history for the qualifying period
   6. An employer letter, recent payslips, or matching bank statements (for Spouse/Partners visas pathway) as proof of meeting financial evidence
   7. And other documents required for your specific category
2. Complete the application form online or by post. Note that there are different forms for different categories such as SET O (many work-based categories and dependents), SET M and SET F for children under 18.
3. Pay the £2,885 application fee and the £19.20 biometric fee.
4. Book and attend a biometric appointment at a UKVCAS centre to submit your fingerprints and photograph. You can choose to upload documents at the centre if you have not already done so yourself
5. Await the Home Office processing. The standard processing time is 8 weeks, but it may take up to six months at peak times.

Indefinite Leave to Remain for Family Members

When a mother obtains ILR in the UK, her family members may also be able to qualify for settlement, but their eligibility will depend on their current immigration status, relationship to her, and the requirements of the relevant immigration route.

A spouse or partner may become eligible for ILR if they have spent the required period in the UK under a qualifying route and meet the relevant settlement requirements. Depending on their circumstances, they may be able to apply at the same time as the mother or once they have completed their own qualifying residence period.

Children may also be eligible for ILR where they meet the requirements for settlement as the child of a person who has obtained or is applying for ILR. Their eligibility can depend on factors such as their age, immigration status, and whether they have established an independent life.

Family members who are not yet eligible for ILR may be able to extend their existing permission to stay and apply for settlement once they meet the requirements. Therefore, obtaining ILR as a mother does not necessarily mean that every family member will receive settlement at the same time.

Planning Your Family’s Long-Term Future from Settlement to Citizenship

If citizenship is part of your family’s long-term goals, it is important to understand the additional requirements and when you may become eligible to apply. In many cases, a person with ILR can apply for British citizenship after holding settled status for at least 12 months. If you are married to a British citizen, you can apply immediately after obtaining ILR.

Family members may also be eligible for citizenship at different times. For instance, any child that you bear while you or your spouse/partner holds ILR status automatically becomes a British citizen. Children born before you obtain ILR do not automatically receive citizenship, but you may be able to register them as citizens.

Citizenship affords you stronger rights than ILR, such as holding a UK passport and voting in all elections.