When does the 5-year ILR qualifying period start?

The qualifying period starts on the date your qualifying visa began, not the date you entered the UK or the date your visa was granted. For Skilled Worker visas, it is the start date of your first qualifying visa in this category. For spouse visas, it is the start date of your first spouse visa.

Does time on a previous visa count towards ILR?

It depends on the route. Time on a student visa does not count towards Skilled Worker ILR. Time on a fiance visa does not count towards spouse visa ILR. However, time on any lawful visa counts towards the 10-year long residence route. Each route has specific rules about which periods count.

Can I apply for ILR before the 5-year period ends?

No. You cannot submit your ILR application until you have completed the full qualifying period. Applying too early will result in a refusal. You can submit on the date the qualifying period ends or any date after that, as long as you still have valid leave.

Does time spent waiting for a visa decision count?

If you applied for a visa extension before your previous visa expired, you are on section 3C leave during the waiting period. Whether this time counts towards your qualifying period depends on the specific route. On the Skilled Worker route, section 3C leave generally does count.

When Does Your ILR Qualifying Period Start?

Your ILR qualifying period starts on the date your qualifying visa in the relevant category began. For most routes, this is a 5-year period. The start date depends on your specific route: Skilled Worker, spouse, parent, or long residence. Time on non-qualifying visas generally does not count, except on the 10-year long residence route where all lawful residence counts.

Skilled Worker Route

On the Skilled Worker route, your qualifying period starts on the date your Skilled Worker visa (or former Tier 2 General visa) began. Key points:

First visa start date: If your first Skilled Worker visa started on 1 April 2021, your 5-year qualifying period runs until 1 April 2026.
Extensions count: If you extended your Skilled Worker visa, the time is continuous as long as there were no gaps.
Switching from another visa: If you switched from a student visa to a Skilled Worker visa, only the time from when the Skilled Worker visa started counts. The student visa time does not count.
Tier 2 to Skilled Worker: Time on the old Tier 2 (General) visa counts towards Skilled Worker ILR, as the Skilled Worker visa replaced Tier 2.

Check the GOV.UK Skilled Worker ILR page for the official guidance.

Spouse or Partner Route

On the spouse visa route, the qualifying period starts when your first spouse or partner visa began:

Initial visa: The 5-year period starts from the date your first spouse visa was granted (for entry clearance, this is the date you entered the UK on the visa).
Fiance visa time does not count: If you entered on a fiance visa and then switched to a spouse visa after marriage, only the spouse visa period counts.
Extensions: If you extended your spouse visa at the 2.5-year mark, the time is continuous.

Long Residence Route

The long residence route is different because it counts all time on any lawful visa:

Start date: The qualifying period starts on the date exactly 10 years before your application date. You choose your application date, so you can optimise this.
All lawful leave counts: Student visa, work visa, family visa, and other forms of lawful leave all count.
Visitor leave does not count: Time spent as a visitor does not count, even if you were in the UK.

Parent Route

On the parent route, the qualifying period starts when your first grant of leave on the parent route began:

5-year route: Starts from the date your first parent route leave was granted. ILR is available after 5 years.
10-year route: Same start date, but ILR requires 10 years of continuous leave.

Section 3C Leave and the Qualifying Period

If you applied for a visa extension before your previous visa expired, you are on section 3C leave while waiting for a decision. In most cases, this time counts towards your qualifying period. However, check the specific rules for your route.

Common Mistakes

Applying too early: If you apply before completing the full qualifying period, your application will be refused. Count carefully.
Counting non-qualifying time: Student visa time does not count for Skilled Worker ILR. Fiance visa time does not count for spouse ILR.
Ignoring gaps: If there was a gap between visas and you did not have section 3C leave, this may break your continuous residence.
Confusing entry date with visa start date: Your qualifying period may start on the visa grant date or the date you entered the UK, depending on your route and circumstances.

For help preparing your application, see our ILR documents checklist and consider whether you need an immigration solicitor.