ILR After 5 Years on a Work Visa: A Step-by-Step Pathway

You’ve worked hard to build a life here; this is the practical route to make it permanent. This guide walks you through eligibility, salary checks, absences, the Life in the UK Test, documents and fees—plus common pitfalls that trip up otherwise solid applications.

Who this guide is for (qualifying routes)

This pathway covers people aiming for settlement (ILR) after 5 years on a qualifying work route. You can usually combine time across these visas: Skilled Worker / Health & Care Worker (Tier 2), Scale-up, T2 Minister of Religion, International Sportsperson, Innovator Founder, Global Talent, Tier 1 (except Graduate Entrepreneur), and Representative of an Overseas Business.

Step 1. Check you qualify (time & absences)

Time in the UK (qualifying period): you need 5 years on a route that leads to settlement. Time with section 3C leave(while a valid in-time application is pending) counts towards residence. You may count back from the date of application, any date up to 28 days after the application, or the decision date — whichever is more beneficial.

Absence rule: don’t exceed 180 days in any rolling 12-month period within the 5-year window (unless a permitted reason applies in the official guidance). Keep a simple absence table with dates, destinations, and reason codes. Caseworkers will cross-check passports/records and may query gaps.

Edge cases, clearly stated in policy:

• Offshore work on the UK continental shelf (beyond 12 nautical miles) does not count towards residence. 
• Crown Dependencies time (Jersey, Guernsey, Isle of Man) may count as UK time provided your most recent grant is in the UK on the relevant route. 

Tip: time spent as a dependant does not count towards the worker’s 5 years on this route.

Step 2. Salary — meet the ILR threshold for your code

For Skilled Worker / Health & Care Worker ILR, you must usually be paid whichever is higher: the cash floor below the standard going rate for your occupation code. (Health/education use national pay scales; some roles and transitional cases have different numbers.) 

Current ILR salary floors (from GOV.UK):

Two common salary mistakes:

1. Relying on an allowance to bridge a gap (not usually countable).
2. Hourly staff quoting >48 hours/week — only up to 48 hours count for salary calculations. 

Step 3. Suitability checks (pass these, or the case fails)

Caseworkers must consider Part 9 – Grounds for Refusal, including:

• Criminality (e.g., custodial sentence thresholds),
• Deception/false documents,
• NHS debts of £500+,
• Unpaid Home Office litigation costs, and
• Previous immigration breaches. 

If any of these could apply, resolve them (e.g., settle NHS debt and keep proof) before you submit.

Step 4. Knowledge of Language & Life (KoLL)

For ILR you normally need:

• Life in the UK Test (fee £50), and
• **English at CEFR B1 (speaking & listening) — via an approved test or an eligible degree. 

Good to know: If you already met the English requirement in a previous successful application, caseworkers can confirm this and you don’t need to re-test, provided it meets the route’s rules. Keep your previous proof handy. 

Step 5. Your job is still needed — what the employer letter must say

GOV.UK explicitly says your sponsor must confirm you’re still required and that you meet salary/role requirements. Include this letter in your bundle. 

Copy-paste template (edit the bracketed parts):

To Whom It May Concern

This is to confirm that [Employee full name, DOB] (National Insurance: [XXXX]) is employed by [Sponsor name] (Sponsor licence no. [XXXX]) as [Job title], occupation code [SOC code].

Employment is [permanent/fixed-term], [full-time/part-time X hours/week], at an annual gross salary of £[amount] (base pay; allowances excluded) effective [date].
The role remains genuine and ongoing, and [Employee] is still required for the position. Work locations: [addresses/hybrid policy].

Contact: [Authorised signatory name, position, email, phone].
Signed: [Name], Authorising Officer / HR for [Sponsor]. Date: [date].

Step 6. Do not travel (and keep 3C leave intact)

Once you submit an in-country ILR application, do not leave the Common Travel Area (UK, Ireland, Isle of Man, Channel Islands) until a decision is made or your application will be treated as withdrawn on the date you left. This is black-letter rule paragraph 34K. 

Also note: section 3C leave lapses if you leave the UK. If you need to travel urgently, seek advice on varying or withdrawing before travel. 

Step 7. Fees & decision speed

• ILR application fee: £3,029 per applicant (adults and children). 
• Priority (5 working days): +£500; Super Priority (next working day): +£1,000 — where available. 
• IHS: Not payable for ILR (you only pay IHS if you end up granted limited leave instead). 

Step 8. Evidence pack — make it “tick-box easy”

• Identity: current passport(s) for each applicant.
• Residence & absences: passports with stamps, travel list, and (if needed) boarding passes/bank statements that triangulate presence. 
• Employment: employer letter (above), recent payslips, contract/HR letter for hours and work locations.
• Salary/role mapping: brief note showing how your pay meets the right floor and the going rate for your SOC. 
• KoLL: Life in the UK pass; English evidence (or note that it was met previously). 
• Suitability: police certificates if requested; NHS debt clearance if relevant. 

Name files sensibly (e.g., A1_Payslips_Apr–Sep_2025.pdf) and include a 1-page index mapping each rule to a document.

Changing jobs or SOC code near ILR?

You can change sponsor/SOC while on Skilled Worker, but at ILR you must meet the ILR salary rules for the code you’re in at decision and your sponsor must still need you in that role. If a change would drop you below the relevant ILR floor/going rate (or move you into a non-eligible route), consider delaying the change until after ILR.

After ILR — what next?

• eVisa & share codes: most grants are now digital. Keep your UKVI account updated (new passport, email, phone), and use a share code to prove right to work/rent or when travelling. 
• Citizenship planning: many apply for naturalisation 12 months after ILR (or sooner if married to a British citizen), subject to separate residence and good character rules. Life in the UK already done; your B1 English from ILR can usually carry across to citizenship. 

Common pitfalls (and quick fixes)

• Salary checked against the wrong figure. Use the current ILR floors for your scenario and the standard pay rate list; pick the higher. 
• 180-day absences exceeded in a particular 12-month slice. Re-cut the 5-year window using the “28-days early” flexibility where helpful; document any permitted reasons. 
• Travel after applying. Don’t — paragraph 34K leads to an automatic withdrawal. 
• Unresolved NHS debt. Clear it and carry the receipt. 
• English/LitUK admin. Book the Life in the UK test early; reuse prior B1 English where permissible.

FAQs — ILR After 5 Years on a Work Visa (2025)

1) When can I apply?
Within 28 days of hitting your 5-year qualifying period. Give yourself a small buffer so biometrics don’t push you over.

2) Can I combine time on different visas?
Yes—eligible work routes can be combined (e.g., Skilled Worker + Scale-up + Global Talent). Time as a dependent doesn’t count to the main worker’s 5 years.

3) How are absences counted?
No more than 180 days outside the UK in any rolling 12-month period across the 5 years. Keep a simple trip log (dates, reason, evidence). Crown Dependencies time can count in narrow circumstances; offshore days beyond UK territorial waters don’t.

4) What salary do I need at ILR?
Your current job must meet the higher of: the route’s cash floor or your occupation’s going rate. As a quick steer:

• £41,700 (standard Skilled Worker), or going rate if higher.
• £33,400 if on the Immigration Salary List, or going rate if higher.
• Healthcare/education often use national pay scales (e.g., £31,300/£25,000 scenarios apply by code/scale).
• Transitional rates exist if your first Skilled Worker CoS was before 4 April 2024.
  Use basic pay only; if hourly, only up to 48 hours/week counts.

5) Do I need Life in the UK and English again?
You’ll need Life in the UK (18–64). English (B1) may not need re-proving if the route accepts your previous evidence—carry it anyway.

6) Can I travel while my ILR is pending?
If you applied inside the UK, don’t leave the Common Travel Area. Travel withdraws the application and ends your section 3C leave.

7) What documents matter most?
A clean bundle: Life in the UK pass; payslips/contract; employer letter stating job title/SOC, hours, base pay, work locations, and that you’re still required after ILR; absence table with proofs. Name files clearly and include a 1-page index.

If refused — realistic remedies

• Administrative Review (AR) for case-working errors: apply within 14 days in the UK (7 if detained) — fee £80. Don’t submit new evidence unless asked; focus on rule-by-rule error. 
• Fresh application if the problem is evidence/salary timing.
• Judicial Review only for public-law error; take advice first.

One-look checklist (print this)

•  5 years on a qualifying route; section 3C periods included. 
•  Absences within 180 days/12 months rule. 
•  Salary meets the correct ILR floor/going rate for your SOC. 
•  Sponsor letter confirms you’re still required. 
•  KoLL: Life in the UK pass; English B1 (or rely on previous proof). 
•  Suitability: no unresolved NHS debt; no deception; check criminality thresholds. 
•  Fees: £3,029; consider Priority/Super Priority if available. 
•  Do not travel outside the CTA until decided. 

Disclaimer: UK immigration rules, regulations and government fees are subject to change at short notice. Applicants should consult the latest Home Office guidance and official fee schedules—or seek qualified legal advice—before submitting an application.