Applying for Indefinite Leave to Remain (ILR) Early: What You Need to Know.
With significant changes to the UK settlement system expected later this year (possibly as early as April) many people are considering whether they can apply for Indefinite Leave to Remain (ILR) sooner than usual. While early applications are common for limited leave, settlement applications have strict residency requirements, and careful planning is essential.
What Does “Applying Early” Mean?
Applying early means submitting your ILR application before you have officially completed the required period of residence in the UK. Most routes require three, five, or ten years of continuous stay, depending on the visa type. Some exceptions exist, such as bereaved partners or victims of domestic abuse, who may qualify immediately.
How the Residency Requirement Is Calculated
For most ILR applications, the qualifying period is determined using guidance in Appendix Continuous Residence. There are several reference points for calculating the period:
- The date you submit your application
- Up to 28 days after your application – sometimes called the “28-day rule”
- The date your application is decided
- For UK Ancestry visa holders – the most recent period of permission under that route
Key insight: Many applicants who wish to apply early choose the 28-day window before completing their qualifying period, as this allows the Home Office to consider the full residency period even if processing takes several weeks.
Applications can also be submitted earlier, but the full qualifying period must be complete by the decision date. Different calculation methods cannot usually be combined.
Bridging Gaps with Placeholder Applications
If your current visa is expiring before you meet the residency requirement, you can submit a placeholder application (for example, FLR(HRO)) to remain legally in the UK. Once the qualifying period is complete, this application can be changed to an ILR application.
- This method is widely accepted as long as the application is honest and paid.
- It is not recommended to use fee waiver applications simply to extend your stay if you are not eligible.
Partner Routes and Other Exceptions
- On the Appendix FM (partner) route, ILR normally requires a full five years of residence, but in practice, applications submitted within 28 days of completing five years are usually accepted.
- Applicants with asylum or humanitarian protection should aim to apply within a month of their current leave expiring. In some cases, processing may be delayed until the five-year period is reached.
When Does the Residency Clock Start?
- Long Residence and Partner Routes: From initial entry to the UK or the start of the most recent visa.
- Skilled Worker and UK Ancestry Routes: From visa grant, with the time between visa issuance and entry counting as lawful residence.
- COVID-19 Concessions: Certain Skilled Worker applications submitted between January 2020 and June 2021 may include waiting periods for decisions as part of the qualifying time.
Can You Apply Early to Avoid Upcoming Rule Changes?
Possibly, but timing is critical.
- If your qualifying period ends before the new rules take effect, early application carries no risk.
- If it ends after the changes, your eligibility will depend on any transitional provisions introduced by the Home Office.
Transitional provisions may appear in two forms:
- Statements of Changes: Applications submitted before the effective date may be considered under the existing rules.
- Updated Immigration Rules: Certain rules may allow applicants who entered a route before a specific date to rely on older, more favorable requirements.
These provisions are not guaranteed. It is important to review official announcements and seek professional guidance if needed.
Key Takeaways
- Early ILR applications are often possible, particularly within 28 days of meeting the qualifying period.
- Careful planning is essential, especially with upcoming changes to immigration rules.
- Placeholder applications can help maintain lawful status if your visa expires before you meet residency requirements.
- Professional legal advice is recommended for complex situations or if you want to secure settlement under the current rules before any changes.