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ILR on Other Grounds
Indefinite Leave to Remain, also known as ILR or settlement, allows a person to live in the UK without time limits. Once granted, ILR can provide long-term stability, the right to work, the ability to study, access to qualifying public funds where eligible, and a possible future route to British citizenship.
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How to Apply for ILR on Other Grounds
At A Glance
- Settlement status: ILR allows you to live in the UK without a time limit.
- Other grounds: This page covers routes that may not fall under the standard 5-year work/family route or the 10-year long residence route.
- Possible categories: Refugee status, humanitarian protection, discretionary leave, statelessness, returning residents, Armed Forces settlement and other complex circumstances
- Application fee: Many ILR applications currently cost £3,226 per person, but some protection-based routes may be fee-free.
- Processing time: Many settlement applications can take up to 6 months, although times vary depending on the route and case complexity.
- English and Life in the UK: Many ILR applicants aged 18 to 64 must meet the Knowledge of Language and Life in the UK requirement unless exempt.
- Legal risk: Using the wrong route, missing documents or misunderstanding the rules can lead to refusal.
Table of Contents
What is ILR on Other Grounds?
ILR on other grounds refers to settlement applications that do not fit neatly into the most common categories, such as ILR after 5 years on a work or family route, or ILR after 10 years of lawful residence.
These applications often involve more complex immigration histories. For example, a person may have protection status, discretionary leave, statelessness, previous ILR that has lapsed, Armed Forces service, private life residence, human rights-based leave, or another case-specific basis for settlement.
The key point is that ILR is not one single application with one single set of rules. The correct route must be identified before the application is prepared. This is especially important where an applicant has changed visa categories, had periods of leave outside the rules, faced refusals, or relies on exceptional circumstances.
Who Can Apply for ILR on Other Grounds?
You may need advice on ILR on other grounds if you do not clearly qualify under a standard 5-year work route, a standard 5-year family route, or the 10-year long residence route.
Possible applicants may include:
- Refugees or people with humanitarian protection who are applying for settlement after holding protection status.
- People with discretionary leave who may qualify for settlement after the required period of permission.
- People with section 67 leave or related protection-based permission.
- Stateless persons who have been granted permission under the statelessness route and may now qualify for ILR.
- Returning residents who previously held ILR but have been outside the UK and need to return.
- Current or former Armed Forces personnel or eligible family members applying under the Armed Forces rules.
- Applicants with private life or human rights-based leave where settlement may be available after the relevant qualifying period.
- Applicants with complex immigration histories where different routes, refusals, appeals or exceptional circumstances need careful legal assessment.
Refugee Status and Humanitarian Protection ILR
People who have refugee status or humanitarian protection may be able to apply for settlement if they meet the rules that apply to their protection route.
This can be an important step because ILR gives greater long-term stability than limited permission to stay. However, protection-based settlement rules have changed over time, so the correct position depends on when protection was granted and which rules apply to the applicant.
A protection-based ILR application may need evidence of identity, current immigration status, family members, residence in the UK, ongoing eligibility and any Home Office correspondence. Some protection-based settlement applications may be fee-free, but this depends on the specific status and category.
Discretionary Leave ILR
Discretionary leave is permission granted outside the usual immigration routes in certain limited circumstances. A person with discretionary leave may be able to apply for ILR after completing the required period, depending on the basis and timing of the grant.
These cases need careful preparation because the Home Office will look at the original reason discretionary leave was granted, whether the applicant still meets the relevant requirements, their conduct, residence history, any criminality issues, and whether settlement is appropriate.
Applicants with discretionary leave may also need to meet English language and Life in the UK requirements unless exempt. Unlike some protection-based settlement applications, discretionary leave ILR may carry a Home Office application fee.
Stateless Person ILR
A stateless person is someone who is not considered a national by any country under the operation of its law. A person who has been granted permission to stay in the UK as a stateless person may be able to apply for ILR after meeting the relevant qualifying period and requirements.
Statelessness applications can be evidence-heavy. The applicant may need to show identity, nationality history, residence, attempts to obtain nationality or documentation, and compliance with UK immigration conditions.
Legal advice is particularly important where the person has no passport, limited identity documents, disputed nationality, or a complex immigration history.
Returning Resident Applications
If you previously had ILR but spent a long time outside the UK, your ILR may have lapsed. In many cases, ILR can lapse after more than 2 continuous years outside the UK. A returning resident application may allow a person to return to the UK and resume settlement, but the Home Office will assess the circumstances carefully.
A returning resident application may involve evidence of:
- Your previous ILR status.
- How long you lived in the UK before leaving.
- Why you left the UK.
- How long you have been outside the UK.
- Your continuing ties to the UK.
- Family, property, employment, financial or community links.
- Your intention to make the UK your permanent home again.
These applications are highly fact-specific. Strong evidence of continuing connection to the UK can be important.
Armed Forces Settlement
Some current or former members of HM Armed Forces and eligible family members may qualify for settlement under Armed Forces immigration rules.
These applications can involve service history, discharge status, length of service, family relationship evidence, immigration status, residence, conduct and route-specific requirements.
Because Armed Forces settlement rules are distinct from ordinary work and family routes, applicants should make sure they use the correct category and supporting documents.
Private Life and Human Rights Settlement
Some applicants may have been granted permission to stay in the UK on private life or human rights grounds. Depending on the category and qualifying period, settlement may eventually be available.
Private life and human rights cases can involve long residence, childhood residence, social and cultural integration, family life, medical circumstances, exceptional factors, or obstacles to leaving the UK.
The settlement route and qualifying period depend on the exact type of leave granted, the date of the grant, and the rules that apply to the applicant. This is an area where route-checking is essential before submitting an ILR application.
ILR Eligibility Requirements
The eligibility requirements for ILR on other grounds depend on the exact route. However, many applications involve some or all of the following:
- Valid immigration status: You must normally hold a form of permission that leads to settlement, unless applying as a returning resident or under a specific exception.
- Qualifying residence: You may need to complete a specific period of residence in the UK.
- Continuous residence: You may need to show that your absences from the UK do not break the qualifying period.
- Knowledge of Language and Life in the UK: Many applicants aged 18 to 64 must pass the Life in the UK Test and meet the English language requirement unless exempt.
- Suitability: Criminal convictions, deception, unpaid NHS debt, litigation debt, poor immigration history or other conduct issues can affect an application.
Route-specific documents: Each category has its own evidence requirements.
Continuous Residence and Absences
Many ILR routes require the applicant to show continuous residence in the UK. Continuous residence rules can be strict, and the absence limits may depend on the route and the period being counted.
For many routes covered by Appendix Continuous Residence, an applicant must not have been outside the UK for more than 180 days in any 12-month period, unless a relevant exception applies.
Absence evidence may include:
- Passport stamps and travel history.
- Flight bookings and tickets.
- Employer letters confirming work travel or annual leave.
- Medical evidence for unavoidable absences.
- Evidence of travel disruption, conflict, pandemic restrictions or compassionate circumstances.
- Personal records showing when you left and returned to the UK.
If you have high absences, legal advice should be taken before applying. In some cases, the timing of the application or the way absences are evidenced can be crucial.
Academic qualifications that have not been obtained in the UK will need to be certified by UK ENIC (Formerly UK NARIC), through a Statement of Comparability or a Visa and Nationality Statement. A Statement of Comparability is needed if the qualification has been obtained in one of the following countries below.
For any other country, you may need a Visa and Nationality Statement.
English Language and Life in the UK Test
Many ILR applicants aged 18 to 64 must meet the Knowledge of Language and Life in the UK requirement. This usually means proving English language ability and passing the Life in the UK Test.
The English language requirement can often be met by passing an approved English test at B1 level or above, or by having a qualifying academic degree taught or researched in English. Some applicants are exempt because of age, nationality, health, disability, route-specific rules or other recognised exceptions.
Not every ILR category has the same Knowledge of Language and Life in the UK requirement. This must be checked against the applicant’s exact route.
Documents Required
The documents required for ILR on other grounds depend on the route, but may include the following:
Identity and Status Documents
- Current passport or travel document.
- Previous passports.
- Biometric Residence Permit or eVisa evidence.
- Home Office decision letters.
- Immigration status documents.
- Asylum, protection, discretionary leave or statelessness documents where relevant.
Residence Evidence
- Tenancy agreements or mortgage statements.
- Utility bills.
- Council tax letters.
- Bank statements.
- Employment letters or payslips.
- HMRC records.
- School, college or university letters.
- NHS or GP letters.
- Official correspondence covering the qualifying period.
Route-Specific Evidence
- Protection status documents for refugees or people with humanitarian protection.
- Discretionary leave grant letters.
- Evidence of statelessness and attempts to obtain nationality documents.
- Armed Forces service records where relevant.
- Evidence of previous ILR and UK ties for returning resident applications.
- Private life, family life or human rights evidence where relevant.
English and Life in the UK Evidence
- Life in the UK Test pass certificate or reference details.
- Approved English language test certificate where required.
- UK degree certificate or approved qualification evidence where applicable.
- Medical exemption evidence where relevant.
Processing Time
Processing times depend on the route and whether priority services are available. Many ILR applications can take up to 6 months for a standard decision.
Some routes may allow super priority or faster processing, but this is not guaranteed and is not available for every settlement category. Protection-based applications may have different service availability from paid ILR routes.
Urgent factors, missing documents, Home Office enquiries, complex immigration history, criminality concerns or safeguarding issues can affect processing times.
ILR Application Fees
The Home Office fee depends on the settlement route. Many ILR applications currently cost £3,226 per applicant from inside the UK. Some categories are different, and some protection-based settlement applications may be fee-free.
Possible additional costs may include:
- Legal fees: For advice, preparation, representation and document review.
- Translation costs: For documents not in English or Welsh.
- English test fees: If an approved English language test is required.
- Life in the UK Test fee: If required for your route.
- Priority service fee: If available for your application category.
- Expert evidence: Where specialist reports are needed in complex cases.
Aspen Crown Solicitors can confirm the correct fee position after reviewing your exact settlement route.
Common Reasons for Refusal
ILR on other grounds may be refused for several reasons, including:
- Applying under the wrong route.
- Not completing the required qualifying period.
- Excessive absences from the UK.
- Insufficient evidence of residence.
- Failure to meet English language or Life in the UK requirements where required.
- Criminal convictions or suitability concerns.
- Deception or inconsistencies in previous applications.
- Unresolved immigration breaches.
- Missing Home Office documents or status evidence.
- Failure to show that the route-specific requirements are met.
A refusal can have serious consequences, especially where the applicant’s current leave is close to expiry. Legal advice should be taken quickly if your ILR application has been refused.
What Happens After ILR is Granted?
If your ILR application is successful, you can usually live in the UK without a time limit.
ILR can allow you to:
- Work in the UK without needing a work visa.
- Study in the UK.
- Access qualifying public funds where eligible.
- Use the NHS in the usual way.
- Leave and return to the UK, subject to the rules on maintaining settlement.
- Apply for British citizenship if you later meet the naturalisation requirements.
ILR can be lost in some circumstances, including long absences from the UK. You should take advice before spending extended periods outside the UK.
British Citizenship After ILR
ILR may be a route towards British citizenship, but citizenship is a separate application with separate rules.
Depending on your circumstances, you may need to hold ILR for 12 months before applying for naturalisation. Some applicants, such as spouses of British citizens, may not need to wait 12 months if they meet the citizenship requirements.
Before applying for citizenship, you should check residence, absences, good character, immigration history, English language and Life in the UK requirements.
How Aspen Crown Solicitors Can Help
ILR on other grounds can be legally complex because the correct route is not always obvious. A strong application starts with identifying the right legal basis, checking the full immigration history, and preparing evidence that directly answers the Home Office requirements.
Aspen Crown Solicitors can assist with:
- ILR eligibility assessments.
- Route selection and legal strategy.
- Reviewing immigration history and absences.
- Checking Home Office letters and previous decisions.
- Preparing protection-based settlement applications.
- Preparing discretionary leave ILR applications.
- Preparing stateless person ILR applications.
- Preparing returning resident applications.
- Preparing Armed Forces settlement applications.
- Preparing private life or human rights-based settlement applications.
- Drafting legal representations.
- Reviewing and organising supporting documents.
- Responding to Home Office concerns.
- Advising after refusal.
Our aim is to make the process clear, reduce avoidable risk, and help you submit the strongest possible application.
ILR on Other Grounds Legal Fees
Legal fees depend on the complexity of your case, the volume of evidence, your immigration history, and whether urgent work is required.
Initial ILR Advice
A consultation allows us to assess your immigration history, identify your possible settlement route and explain the next steps.
ILR Eligibility Review
Fixed fee available after assessment
Route assessment and document review
We can review your Home Office documents, immigration status, absences and route-specific eligibility before you apply.
ILR Application Preparation
Fixed fee available after assessment
Full application support
This may include preparing the application form, reviewing documents, drafting legal representations and guiding you to submission.
Complex ILR Application
Fixed fee available after assessment
Complex settlement matters
Suitable for cases involving refusals, absences, discretionary leave, protection status, statelessness, human rights issues or previous immigration problems.
ILR Refusal Advice
Fixed fee available after assessment
Post-refusal legal advice
We can review the refusal letter and advise on administrative review, appeal, judicial review, reconsideration or fresh application options.
Additional Costs
- Home Office fee: The current ILR fee is usually £3,226 per applicant for many categories, although some routes have different fees or no fee.
- Translation of documents: Costs may apply for documents not in English or Welsh.
- English language test: Costs may apply if you need a Secure English Language Test.
- Life in the UK Test: Costs may apply if the test is required for your route.
- Priority or super priority service: May be available for some categories at extra cost, subject to Home Office availability.
- Expert reports: May be required in some complex cases.
Frequently Asked
Common questions, answered honestly.
Immigration law is rarely simple. Here are the questions we hear most often. If yours isn’t here — just ask.
What is ILR on other grounds?
ILR on other grounds refers to settlement applications that do not fall neatly under the standard 5-year or 10-year routes. This may include protection status, discretionary leave, statelessness, returning resident applications, Armed Forces settlement and other complex categories.
Is ILR the same as settlement?
Yes. Indefinite Leave to Remain is often called ILR or settlement. It allows you to live in the UK without a time limit.
Can refugees apply for ILR?
People with refugee status or humanitarian protection may be able to apply for settlement if they meet the rules that apply to their protection route.
Is protection-based ILR free?
Some protection-based settlement applications may be fee-free, but the correct fee depends on your exact status and route.
Can I apply for ILR if I have discretionary leave?
You may be able to apply after completing the required period of discretionary leave, depending on the basis of your leave and the rules that apply to your case.
Can a stateless person apply for ILR?
A person granted permission as a stateless person may be able to apply for ILR after meeting the relevant qualifying period and requirements.
What if I previously had ILR but left the UK?
If you were outside the UK for too long, your ILR may have lapsed. You may need advice on a returning resident application.
Do I need the Life in the UK Test?
Many ILR applicants aged 18 to 64 must pass the Life in the UK Test unless exempt. The requirement depends on your route.
Do I need an English language test?
Many applicants must prove English language ability at B1 level or above unless exempt. Some applicants can rely on a degree taught or researched in English.
How long does an ILR application take?
Many settlement applications can take up to 6 months. Some routes may have faster services, but availability depends on the application category.
What happens if my ILR application is refused?
You should seek legal advice immediately. Depending on the route and decision, options may include administrative review, appeal, judicial review, reconsideration or a fresh application.
Can Aspen Crown Solicitors help with complex ILR cases?
Yes. We can assess your route, review your immigration history, prepare evidence, draft legal representations and advise on refusal risks before submission.
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