Indefinite Leave to Remain Solicitors — Skilled Worker and Spouse Visa Settlement
One miscounted absence period can cost you the £3,226 application fee and put your entire settlement plan at risk.
Quick Answer: Indefinite Leave to Remain is permanent settlement in the UK. KQ Solicitors prepares and submits ILR applications for Skilled Worker and spouse/partner route applicants. We check eligibility, calculate the qualifying window, review evidence, draft the application and submit it for a fixed fee from £1,000.
The ILR application is the most expensive immigration decision most people make in the UK — and the one with the least room for error. The form asks the questions. But the evidence gives the answer. If you are not certain yours is strong enough, speak to us before you submit.
What Is Indefinite Leave to Remain?
ILR removes most immigration conditions on your stay. No visa expiry. No restriction on employment. You can access public funds. ILR can also support future eligibility for home fee status at university, depending on residence and student finance rules, and it is usually the gateway to British citizenship.
But ILR is not permanent in the same way as citizenship. If you stay outside the UK for more than two consecutive years, your ILR can lapse. That is why many ILR holders go on to apply for naturalisation once eligible.
For a full explanation of ILR requirements, absence calculations and qualifying periods, read our complete guide to Indefinite Leave to Remain.
Who Can Apply for ILR Through KQ Solicitors?
This service covers the two most common ILR routes:
- Skilled Worker route, SET(O): you have completed 5 years of continuous residence on a Skilled Worker visa, your salary meets the settlement salary threshold for your occupation, and your employer can confirm your ongoing employment.
- Spouse or partner route, SET(M): you have completed the 5-year qualifying period under Appendix FM with your British or settled partner, your relationship is genuine and subsisting, and you meet the financial requirement at settlement stage.
- You may also be eligible as a dependant on either route.
Warning: If you switched visa categories during your qualifying period, your 5-year clock may have reset. Time already served may still count toward the 10-year long residence route, but it does not automatically carry over to a new 5-year category. Check before you assume you qualify.
If you are on the 10-year route, long residence route, refugee settlement, BNO, EU settled status or another pathway, contact us to discuss. These cases require individual assessment and may fall outside this fixed-fee service.
We Can Help If…
- You are unsure how absences should be calculated for your specific route.
- You have a previous refusal, overstay or suitability concern.
- Your Skilled Worker salary is close to the settlement threshold or the threshold for your occupation is unclear.
- Your spouse or partner evidence has gaps, different addresses, inconsistent documents or weak cohabitation proof.
- You are applying close to the 28-day window and cannot afford to get the timing wrong.
- You want a solicitor to check your application before you pay £3,226 to the Home Office.
- Your employer has not provided the right confirmation letter or your payslips do not clearly show your settlement salary.
A cheap application can become expensive if the first refusal damages the next one. Depending on the reason, it may mean paying again, switching strategy, or rebuilding a compliant qualifying period.
Key ILR Requirements — Skilled Worker Route
The Home Office assesses your SET(O) application against route-specific requirements. Get one wrong and the fee is at risk.
Continuous lawful residence — 5 years
You must have held valid Skilled Worker leave throughout the qualifying period. Section 3C leave can count, but only while you remain in the UK and the conditions are met.
Absence limits — Appendix Continuous Residence
You must usually not have been outside the UK for more than 180 days in any 12-month period, unless an exception applies. If your qualifying period started before 11 April 2024, the rules that applied to your specific grant may govern the earlier portion. The detail is route-specific and grant-specific.
Caseworker Insight: UKVI can cross-reference declared absences against passport stamps and internal records. Business trips, conferences and overseas secondments all count. Inconsistencies between your form and their records can become a suitability concern — not just a recalculation.
Settlement salary threshold
Your salary must meet the settlement threshold at the point of ILR application. The threshold depends on your occupation code, going rate, sponsor history and whether transitional salary rules apply. A pay cut or job change can put you below the line without you realising.
English language and Life in the UK
You must meet the English language requirement that applies to your route on the date you apply. Many settlement routes historically required a B1 SELT, but 2026 changes raised English standards for many applicants. Do not book a test until the current level for your exact route has been checked. You must also pass the Life in the UK test before submission.
Suitability
Part Suitability gives caseworkers a structured basis to refuse for criminality, false representations, NHS debt and immigration non-compliance. The threshold for settlement is higher than for limited leave.
Key ILR Requirements — Spouse and Partner Route
Your SET(M) application is assessed differently from a Skilled Worker case. The focus is on your relationship, your evidence, and whether you and your partner intend to live together permanently in the UK.
Continuous lawful residence — 5 years under Appendix FM
You must have held valid leave under Appendix FM throughout the qualifying period.
Absences — no fixed numerical cap, but long absences damage the case
The spouse and partner route under Appendix FM does not use the same 180-day rolling calculation that applies to Skilled Worker applicants. There is no single numerical absence limit on this route — but spending a significant proportion of the qualifying period outside the UK raises doubts about whether you intend to live permanently in the UK with your partner.
Caseworker Insight: For spouse and partner cases, the caseworker looks at the overall pattern, not just the total number of days. Extended separations weaken the case for settlement. Consistent cohabitation evidence matters more here than on almost any other route.
Genuine and subsisting relationship
You must demonstrate that your relationship is genuine and that you intend to live together permanently. Strong evidence includes joint tenancy, council tax, joint bank statements, HMRC/DWP correspondence, insurance documents and other official address-linked evidence. Photographs and messages are peripheral only.
Financial requirement at settlement
You must meet the Appendix FM financial requirement. At settlement stage, the savings calculation can differ from earlier extension-stage calculations, so do not reuse old figures without checking.
Exceptional circumstances
In an Appendix FM case falling for refusal, the caseworker may need to consider whether exceptional circumstances would make refusal unjustifiably harsh. If the Home Office fails to address this properly, the decision may need legal review.
ILR Fees and Costs in 2026
| Cost | Amount |
|---|---|
| KQ Solicitors fixed fee | From £1,000 (complex cases up to £2,000) |
| Home Office ILR application fee | £3,226 per applicant |
| Immigration Health Surcharge | £0 — exempt at ILR stage |
| Priority service, optional | +£500 — target 5 working days where available |
| Super Priority, optional | +£1,000 — faster decision where available |
| Life in the UK test | £50 per attempt |
| English language test, approximate | £150 |
| Estimated total, single applicant, standard | From £4,426 including KQ fee |
There is no family discount on the Home Office fee. Every applicant, including children, pays the ILR fee in full. Priority and Super Priority services operate at daily caps and are not always available.
Home Office fees and rules can change. Always check the current GOV.UK fee schedule before submitting.
Quick ILR route and fee check
Choose the situation closest to yours. This is not legal advice, but it helps you spot the likely starting point.
What Our ILR Service Includes
- Initial eligibility assessment — we review your immigration history, qualifying period, absence record and route.
- Tailored legal advice and document checklist — specific to SET(O) or SET(M), not a generic list.
- Evidence review and gap identification — including cohabitation evidence for spouse/partner applications and salary documentation for Skilled Worker cases.
- Application preparation and drafting — we complete the form, draft the cover letter and structure your evidence.
- Document uploading and submission — we submit the application, upload documents and guide you through biometrics or the ID Check app.
- Post-decision support — we advise on eVisa verification, citizenship planning or next steps after refusal.
Our ILR Application Process
How Long Does ILR Take to Process?
Standard processing is usually up to 6 months from when you submit your application and prove your identity. Straightforward cases may be resolved more quickly, but the Home Office does not publish a median processing time.
Priority service normally targets 5 working days where available. Super Priority can be faster where available. If UKVI requests additional evidence or treats the case as complex, timings can be longer.
Critical: Do not travel outside the UK, Ireland, Jersey, Guernsey or the Isle of Man while your in-country ILR application is pending. The application can be treated as withdrawn.
Common ILR Mistakes That Lead to Refusal
| Mistake | Why It Causes Problems | How We Help |
|---|---|---|
| Absence miscalculation, Skilled Worker | Exceeding the permitted absence pattern can lead to refusal. | We calculate every relevant period and check which rules apply to your grant. |
| Extended absences, spouse route | Long absences undermine the intention to live permanently with your partner. | We review the full absence pattern before submission. |
| Applying outside the 28-day window | One day too early can lead to refusal. Applying after leave expires creates overstay risk. | We calculate your earliest safe application date. |
| Wrong English test booked | The required level and test type depend on the current rules and route. | We confirm the current test requirement before you book. |
| Weak cohabitation evidence | Gaps across the qualifying period can trigger credibility concerns. | We review cohabitation evidence across the full period. |
| Salary below settlement threshold | The threshold depends on occupation code and current rules. | We check your role and salary against the applicable threshold. |
| Undisclosed suitability issue | Criminal record, NHS debt or previous overstay can create refusal risk. | We review your full history before submission. |
| Leaving the UK while pending | The application can be treated as withdrawn. | We advise on timing before submission. |
Browser-only ILR document checklist
This checklist is saved only in your browser. It is not sent to KQ Solicitors.
When Should You Speak to a Solicitor?
Not every ILR application needs a solicitor. If your case is straightforward — five clear years of residence, well within the absence limits for your route, strong documents and no suitability issues — you may be able to submit confidently on your own.
But if your absence record is close to the limit, your income is near the threshold, your relationship evidence has gaps, or you have anything in your history that a caseworker might question, legal advice before submission is significantly cheaper than dealing with a refusal after.
When This Service May Not Be Right for You
This fixed-fee service is designed for Skilled Worker and spouse/partner ILR applications where the qualifying period is complete or nearly complete and the main evidence is in order.
- You are on the 10-year long residence route and need more complex continuity advice.
- You have a serious suitability issue such as a criminal conviction, deportation order or ongoing Home Office investigation.
- Your qualifying period has not yet started or is several years away.
- You need advice on a route not covered here, such as refugee settlement, BNO or EU settled status.
If you are unsure whether your case fits, contact us and we will tell you. There is no obligation.
Approaching Your ILR Date?
The most expensive mistake in ILR is not the fee — it is submitting before your evidence is ready. A short legal review now can prevent a £3,226 problem later.
Frequently Asked Questions
KQ Solicitors charges a fixed fee from £1,000 for ILR applications on the Skilled Worker or spouse/partner route. Complex cases, such as those involving suitability concerns, absence issues, or non-standard evidence, may cost up to £2,000. This is separate from the £3,226 Home Office application fee.
Standard processing takes up to 6 months. Priority service targets 5 working days. Super Priority can be faster, subject to availability and the route. Premium services have daily caps and are not always available.
Leaving the UK, Ireland, Jersey, Guernsey, or the Isle of Man while your in-country application is pending can lead to it being treated as withdrawn, usually without a refund.
It depends on your route. Skilled Worker applicants are assessed under Appendix Continuous Residence and must usually not have been outside the UK for more than 180 days in any 12-month period, unless an exception applies. Spouse and partner applicants under Appendix FM are not subject to the same fixed numerical cap, but extended absences can undermine the case for settlement.
The English language level depends on the route and the rules in force when you apply. Many settlement applications historically required a SELT at B1 level, but the Home Office announced higher English standards for many settlement applicants in 2026. Do not book a test until the current requirement for your exact route has been checked.
You may request an Administrative Review if the decision letter gives you that right. In some spouse or partner cases, the Home Office may consider whether further limited leave should be granted instead of a full refusal, depending on which requirements were not met. You can also fix the issue and submit a fresh application, but you pay the Home Office fee again.
If your last application used SET(O) for a work route or SET(M) or FLR(M) for a family route, you may be on the 5-year route. If it used FLR(FP), you may be on the 10-year route. Always check your Home Office approval letter and route history before relying on this.
The Home Office has announced and consulted on settlement changes, including longer qualifying periods for some routes. The safest approach is to check the current rules before applying. If you are close to eligibility, get advice before delaying your application.
Speak to KQ Solicitors About ILR
KQ Solicitors prepares and submits ILR applications on the Skilled Worker and spouse/partner routes for a fixed fee from £1,000.