Common mistakes on settlement applications

Mistake 1: Getting the 28-Day Window Wrong

Applying early is allowed, within a limit. Paragraph CR 1.3 of Appendix Continuous Residence says the qualifying period is counted back from whichever date is most beneficial to the applicant: the date of application, a date up to 28 days after it, or the date of decision. In practice that is the 28-day early window. See our 28-day rule guide.

The mistake runs in both directions. Some applicants believe that applying before the last day of the qualifying period is fatal, and wait unnecessarily. Others apply months early, when the qualifying period is not complete on any of the permitted dates.

Working out the qualifying date is route-specific. It is not always 5 years from the day you landed. See our settlement requirements guide and the GOV.UK settlement route list.

Mistake 2: Counting Absences the Wrong Way

The continuous residence requirement is no more than 180 days outside the UK in any 12-month period. Three things are commonly got wrong:

• Counting the travel days. Home Office guidance says only whole days of absence count, and the dates of departure and arrival are not counted. Leaving on the 1st and landing back on the 10th is 8 days, not 10.
• Using calendar years. For permission granted on or after 11 January 2018 the 12-month periods roll, so two trips in different calendar years can fall in the same window.
• Assuming work travel is excused. The absences that do not count are a closed list in paragraph CR 3.4. Business travel is not on it.

See our 180-day rule guide and evidence of residence guide.

Mistake 3: Using the Old Salary Rules

On work routes the salary rules that apply are the ones in force when the settlement application is made, not the ones that applied when the visa was granted. Thresholds have moved: the general Skilled Worker threshold has been £41,700 since 22 July 2025, with a lower threshold of £33,400 for the categories that qualify for it.

Going rates are set per occupation code and are published in the GOV.UK going rates tables. Transitional provisions apply to some people sponsored before 4 April 2024, so the figure that applies depends on the case. See our settlement salary guide and our going rate guide.

Mistake 4: Missing or Expired Evidence

• Life in the UK test: a pass does not expire, and GOV.UK says you do not need to take it again once you have passed it. People under 18 and people aged 65 or over do not need to take it. See our test guide.
• English language evidence: GOV.UK says some recognised test qualifications only last for 2 years, but an expired qualification can still be used for settlement if it is on the current list of recognised tests and was accepted for another UK immigration application. See our English for settlement guide.
• Employer letter: where a route requires it, it needs to be current and to confirm the role, the salary and that the employment continues.

The full list is in our documents checklist.

Mistake 5: The Wrong Route or Form

Settlement is not one application. GOV.UK lists separate routes for work visas, family members, 10 years' continuous residence, UK Ancestry, British National (Overseas), refugees and people with humanitarian protection, stateless people, armed forces veterans and returning residents. Each has its own requirements and its own form. See our forms guide.

Mistake 6: Not Disclosing Convictions

Undisclosed convictions, cautions and immigration breaches are found by Home Office checks, and non-disclosure is itself a ground for refusal.

The test being applied is not good character. That is the citizenship test. A settlement application is assessed against the suitability grounds in the Immigration Rules, which set out sentence lengths and the time that must have passed since a sentence ended. The two sets of rules are different, so meeting one says nothing about the other.

Mistake 7: Expecting a Healthcare Surcharge Refund

The immigration health surcharge is not charged on a settlement application, and no refund of unused surcharge is published for the grant of settlement. GOV.UK sets out refunds where an application is refused, withdrawn or overpaid.

What settlement does cost is £3,226 for the applicant and £3,226 for each person included in the application. See our cost breakdown. There is no fee at all for a settlement application made with refugee status or humanitarian protection, covered in our refugee settlement guide.

Timing and What Happens After Submission

• GOV.UK says a settlement decision usually comes within 6 months of the application or of giving biometric information.
• The priority service is £500 for a decision usually within 5 working days, and the super priority service is £1,000 for a decision by the end of the next working day.
• Applying before existing permission expires keeps that permission running under section 3C while the application is decided.
• The Home Office may make an evidential flexibility request for a missing document, but is not required to. An application can be decided on the evidence submitted.

For help with an individual application, only a person regulated by the Immigration Advice Authority or a solicitor can advise. See our guide to getting help with an application.

Questions and answers