Indefinite Leave to Remain (ILR), also known as UK settlement, grants individuals the right to live, work, and study in the UK indefinitely, with access to public funds and the opportunity to apply for British citizenship. To qualify for ILR, applicants must meet the required continuous residence period, known as the qualifying period. This post provides an overview of when an individual’s ILR clock can be reset, meaning any previously accumulated time spent in the UK may not count towards the qualifying period for Indefinite Leave to Remain in the UK.
What is the Qualifying Period for ILR?
The qualifying period is the minimum time a person must lawfully reside in the UK before applying for ILR. The required period varies depending on the visa type:
- Skilled Worker Visa: 5 years
- Spouse Visa: 5 years
- Global Talent, Innovator, or Investor Visa: 3 years
- Long Residence Route: 10 years
Certain visa categories, such as Student Visas, typically do not count towards ILR. If the qualifying period is broken, the ILR clock may restart, requiring applicants to restart their time in the UK.
What Causes the ILR Clock to Restart?
1. Changing Visa Categories
Switching from one visa category to another may reset the ILR clock, depending on the visa types involved. For example, switching from a Skilled Worker Visa to a Dependent Visa will restart the ILR clock.
Some categories allow previous time in other eligible visa categories to count towards ILR. For example, the Global Talent Visa allows time spent in a Skilled Worker Visa category to be combined.
Switching between Skilled Worker Visa jobs under a new employer within the same category does not restart the ILR clock.
In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:
- any Tier 1 visa – except Tier 1 (Graduate Entrepreneur)
- Skilled Worker, Health and Care Worker or Tier 2 (General)
- Scale-up Worker
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- Innovator Founder
- Global Talent
- Representative of an Overseas Business.
2. Relationship Breakdown (Spouse or Partner Visa)
If an individual holds a visa as a dependent partner and their relationship ends, their visa will be curtailed, and the ILR clock will restart if they switch to a different visa category.
For example, A was the spouse of B, a Skilled Worker migrant, and lived in the UK for 2 years. After their relationship ended, A switched to a Skilled Worker Visa in their own right. The 2 years spent as a dependent will not count, and A must complete a further 5 years before becoming eligible for ILR.
3. Gaps Between Employment (Skilled Worker Visa Holders)
For work visa holders, losing a job does not automatically reset the ILR clock. If a Skilled Worker visa holder is made redundant, they are typically given 60 days by the Home Office to find a new sponsor. If a new Skilled Worker application is filed within this timeframe, the ILR clock continues.
4. Absences from the UK
Excessive absences from the UK can reset the ILR clock by breaking continuous residence. The absence limit states that applicants must not spend more than 180 days outside the UK in any 12-month period.
- Exceptions may apply for serious reasons such as:
- Serious illness
- Conflict or war in home country
- Natural disasters
5. Visa Curtailment
Visa curtailment occurs when the Home Office cancels a visa early, requiring the holder to leave the UK or switch to a different visa. Common reasons for visa curtailment may include:
- Job Loss (Skilled Worker Visa holders who no longer meet salary requirements)
- Business Closure (Innovator Visa holders losing endorsement)
- Dependent Status Change (Spouse Visa holders following relationship breakdowns)
If an individual switches to a new visa following curtailment, the ILR clock may reset depending on the new category.
For example, F held an Innovator Visa, but their business endorsement was withdrawn. They switched to a Skilled Worker Visa. Since these categories cannot be combined, their ILR clock was reset.
How to Avoid an ILR Clock Reset
- Stay within an ILR-qualifying visa category for the required period.
- Ensure you do not exceed 180 days outside the UK in any 12 months.
- If changing jobs, apply for a new Skilled Worker Visa within 60 days to maintain continuity.
- Seek legal advice before switching visas to understand the impact on ILR eligibility.
How Whytecroft Ford Can Help
Navigating UK immigration laws and ILR requirements can be complex. Whytecroft Ford offers expert legal assistance for:
- ILR applications and eligibility assessments
- Advising on visa switches and curtailments
- Documentation support
Contact us today to ensure your ILR application remains on track and avoid unnecessary delays in securing UK settlement. Call our friendly professional team on 0208 757 5751 our use our contact form.
