UK ILR 3-Year vs 5-Year vs 10-Year Routes: Which One Applies to You?

When pursuing UK Indefinite Leave to Remain (ILR), applicants have three potential pathways available: the 3-year route, 5-year route, and 10-year route. Each pathway carries distinct eligibility criteria, absence allowances, and qualifying timeframes. This comprehensive overview examines each route's specifics to help you identify which pathway aligns with your circumstances.

The 3-Year Route to ILR

The 3-year pathway offers the shortest route to ILR eligibility, though it's restricted to specific categories of applicants. Primarily, this route is available to high-value investors, certain Innovator Founders, and specific Global Talent visa holders who meet accelerated settlement criteria. Most applicants, including spouses/partners of British citizens, follow the standard 5-year route. (UK Government: Indefinite Leave to Remain)

Who Qualifies for the 3-Year Route?

You may be eligible for the 3-year route if you meet one of the following criteria:

• Investor visa holders: If you hold a Tier 1 (Investor) visa with significant investment (£2 million or more), you may qualify for ILR after 3 years of continuous residence. (UK Government: Tier 1 Investor Visa)
• Innovator Founder visa: Individuals on Innovator Founder visas may qualify for ILR after 3 years if they meet specific business growth and investment criteria. (UK Government: Innovator Founder Visa)
• Global Talent visa: Certain individuals on Global Talent visas may be eligible for ILR after 3 years, depending on their specific endorsement and category. (UK Government: Global Talent Visa)
• Other accelerated routes: Some specific visa categories may offer accelerated settlement paths, but these are limited and subject to specific criteria.

Important note: The 3-year route is not a standard route for most applicants. It applies primarily to high-value investors, certain entrepreneurs, and specific Global Talent visa holders. Most family visa holders (spouses/partners of British citizens) follow the standard 5-year route to ILR, not a 3-year route.

Requirements for the 3-Year Route

• Continuous residence: You must have lived continuously in the UK for 3 years without gaps in your visa status.
• Absence limits: You cannot exceed 180 days outside the UK within any rolling 12-month window, and your total absences must not surpass 270 days across the entire 3-year qualifying period. (UK Home Office: Continuous Residence Guidance)
• No criminal record: You must not have any unspent criminal convictions.
• Life in the UK test: You must pass the Life in the UK test. (UK Government: Life in the UK Test)
• English language: You must meet the English language requirement (usually at B1 level). (UK Government: English Language Requirements)
• Investment maintenance: For investor visa holders, you must have maintained your investment throughout the qualifying period and meet the specific investment criteria for your visa category.
• Business requirements: For entrepreneur and innovator visas, you must meet specific business growth, job creation, and investment targets as required by your visa category.

The 5-Year Route to ILR

The 5-year route represents the standard pathway for the majority of UK visa holders seeking ILR. This route is available to individuals who have maintained specific categories of leave to remain continuously for a full five-year period. (UK Government: Indefinite Leave to Remain)

Who Qualifies for the 5-Year Route?

You may be eligible for the 5-year route if you have held one of the following visa types for 5 years:

• Skilled Worker visa (previously Tier 2 General) (UK Government: Skilled Worker Visa)
• Global Business Mobility visa
• Innovator Founder visa (UK Government: Innovator Founder Visa)
• Start-up visa
• Family visa (partner or spouse) (UK Government: Family Visa)
• Turkish Worker visa
• Representative of an Overseas Business visa
• Retired Person of Independent Means visa
• Sportsperson visa (UK Government: Sportsperson Visa)
• Religious Worker visa (if granted after 2012)

Requirements for the 5-Year Route

• Continuous residence: You must have lived continuously in the UK for 5 years without gaps in your visa status.
• Absence limits: You cannot exceed 180 days outside the UK within any rolling 12-month window, and your total absences must not surpass 450 days across the entire 5-year qualifying period. (UK Home Office: Continuous Residence Guidance)
• No criminal record: You must not have any unspent criminal convictions.
• Life in the UK test: You must pass the Life in the UK test. (UK Government: Life in the UK Test)
• English language: You must meet the English language requirement (usually at B1 level). (UK Government: English Language Requirements)
• Employment/income: For work visas, you may need to show you're still working in the same job or for the same employer, depending on your visa type.

The 10-Year Route to ILR

The 10-year route operates on the principle of "long residence" in the UK. This pathway is available to individuals who have maintained legal residence continuously for a decade, regardless of which visa categories they held during that period. (UK Government: Long Residence)

Who Qualifies for the 10-Year Route?

You may be eligible for the 10-year route if:

• You have lived legally and continuously in the UK for 10 years
• You have held valid leave to remain throughout this period (even if you've switched between different visa types)
• You have not broken your continuous residence
• You can demonstrate that you've been living in the UK for the entire period

This route is particularly useful if you've switched between different visa types or don't qualify for the 5-year route due to your specific visa category.

Requirements for the 10-Year Route

• Continuous residence: You must have lived continuously in the UK for 10 years without any significant gaps.
• Absence limits: For periods on or after 11 April 2024, you cannot exceed 180 days outside the UK within any rolling 12-month window. For periods before 11 April 2024, different rules applied (total absences could not exceed 548 days, with no single absence exceeding 184 days). If your qualifying period spans both periods, you must comply with both sets of rules. (UK Home Office: Long Residence Guidance)
• No serious criminal record: You must not have any serious unspent criminal convictions (the threshold is higher than the 5-year route).
• Life in the UK test: You must pass the Life in the UK test. (UK Government: Life in the UK Test)
• English language: You must meet the English language requirement (usually at B1 level). (UK Government: English Language Requirements)
• Gaps in leave: Gaps of more than 28 days between visas may break your continuous residence.

Key Differences Between the Routes

Which Route Should You Choose?

The route you should choose depends entirely on your individual circumstances. Here's a guide to help you decide:

Choose the 3-Year Route If:

• You hold a Tier 1 (Investor) visa with significant investment (£2 million or more)
• You're on an Innovator Founder visa and have met accelerated settlement criteria
• You're on a Global Talent visa in a category that offers 3-year settlement
• You meet the specific requirements for an accelerated route under your visa category
• You want the fastest path to ILR (3 years) and qualify under one of these limited categories

Choose the 5-Year Route If:

• You hold a Skilled Worker visa, Global Business Mobility visa, or other qualifying work visa
• You're a family visa holder but don't qualify for the 3-year route
• You've held a qualifying visa for 5 years and want the standard route to ILR
• This is the most common route for most visa holders

Choose the 10-Year Route If:

• Your visa type doesn't qualify for the 3-year or 5-year routes
• You've already been in the UK for several years on different visa types
• You're closer to completing 10 years than you are to completing 3 or 5 years on a qualifying visa
• You've had gaps or issues that prevent you from qualifying for shorter routes
• You've switched between different visa types throughout your time in the UK

Important: Always check which route applies to your specific visa type and circumstances. The rules can be complex, and what applies to one person may not apply to another.

Important Considerations

Continuous Residence

Each route demands unbroken legal residence without periods where your permission to remain lapsed. For the 3-year and 5-year routes, any gap between visa renewals potentially breaks continuous residence. The 10-year route allows slightly more flexibility, though gaps exceeding 28 days between visa grants can still disrupt your qualifying period. (UK Home Office: Long Residence Guidance)

Absence Tracking

While all routes share the 180-day rolling window restriction for periods on or after 11 April 2024, they differ in total absence allowances: 270 days (3-year route), 450 days (5-year route). The 10-year route now uses the 180-day rolling limit for periods after 11 April 2024 (previously had a 548-day total limit before this date). Irrespective of your chosen route, meticulous absence documentation is critical. Employing specialized tracking tools helps you monitor compliance across all rolling periods systematically.

Switching Routes

You can potentially switch between routes if your circumstances change. For example, if you're on a 5-year route visa and marry a British citizen, you may be able to switch to the 3-year route. However, you cannot combine periods from different routes, and switching typically means starting a new qualifying period from the date you switch.

If you switch from a shorter route to a longer route, you'll need to start counting from the beginning of the longer route's qualifying period. This is why it's important to plan carefully and understand which route applies to your situation before making any changes.

Planning Your Route to ILR

Planning is crucial for a successful ILR application. Here are some steps to take:

• Determine your route: Assess which route applies to your situation based on your visa history and current status. (UK Government: ILR Eligibility)
• Track your absences: Start tracking your absences from the beginning of your qualifying period. Use a calculator tool to check rolling periods regularly.
• Plan ahead: Be aware of when you'll become eligible and plan your application well in advance. You can typically apply up to 28 days before completing your qualifying period.
• Prepare documentation: Gather evidence of your residence, employment, and any absences throughout your qualifying period.
• Take the tests early: Complete the Life in the UK test and English language requirement well before you plan to apply.

Conclusion

Selecting the appropriate ILR route significantly impacts your settlement timeline. The 3-year route provides the quickest pathway but remains exclusive to high-value investors, certain Innovator Founders, and specific Global Talent visa holders. The 5-year route serves as the standard option for most work visa holders and family visa holders (including spouses/partners of British citizens), while the 10-year route offers an alternative for those whose visa history doesn't align with shorter routes.

Each route maintains strict absence controls and unbroken residence mandates, making careful planning and documentation essential. The primary distinctions lie in the qualifying timeframe and total absence allowances, which differ across routes. Given the complexity of immigration rules, engaging a registered UK immigration adviser can provide clarity on which pathway best suits your specific circumstances.