Settled Status vs ILR in the UK: What’s the Difference and Who Can Apply?
Gabriella Bettiga
on
If you plan to live in the United Kingdom long term, you will likely hear about two immigration statuses: Settled Status and Indefinite Leave to Remain (ILR).
Both allow people to stay in the UK permanently, and in practice mean the same thing, but they apply to different groups of people and follow different immigration rules.
Many migrants are unsure about the difference between these two statuses.
Understanding the distinction is important because applying for the wrong route can lead to delays or complications in your immigration journey.
Both statuses provide permanent residence; they differ in terms of eligibility rules, application processes, absence limits, and costs.
Knowing these differences can help you understand which route may apply to your situation.
In this guide, you will learn the key differences between Settled Status and Indefinite Leave to Remain, who can apply for each status, and what rights they provide.
What Is EUSS Settled Status in the UK?
Settled Status is a form of permanent residence granted under the EU Settlement Scheme (EUSS).
It was introduced during the Brexit transition period to allow eligible EU, EEA, and Swiss citizens who were already living in the United Kingdom before 31.12.2020 to continue living here lawfully.
If you are granted Settled Status under the EUSS scheme, you can live, work, and study in the UK without time restrictions. Settled status provides the same rights as other forms of Indefinite Leave to Remain, including access to public services and pathway to British citizenship, provided you meet the relevant eligibility requirements.
Who Can Apply for Settled Status
Settled Status is primarily available to individuals who were living in the United Kingdom before the end of the Brexit transition period.
You may be eligible to apply if you are:
- An EU, EEA, or Swiss citizen who lived in the UK before 31 December 2020
- A family member of an eligible EU, EEA, or Swiss citizen
- A person who has already been granted pre-settled status and has now completed five years of residence in the UK
Family members may include spouses, civil partners, unmarried partners, children and grandchildren under 21, dependent children and grandchildren over 2, and dependent parents or grandparents.
Basic Eligibility Requirements
To qualify for Settled Status, you must meet several key requirements under the EU Settlement Scheme.
- Continuous residence requirement: You must usually have lived in the UK for at least five continuous years. This means you have not spent more than six months outside the UK in any 12-month period, with some limited exceptions. If you already have pre-settled status and rely on the last five years of residence, you need to show that you were in the UK for 30 months out of the last 60 months.
- Proof of identity and residence:Applicants must provide documents confirming their identity and evidence showing they have lived in the UK during the required period.
- Application through the EU Settlement Scheme:Applications must be submitted through the EU Settlement Scheme. Many applications can be completed online, and identity verification is usually done using a passport or national identity card. Mostly via a dedicated App on your smartphone.
What Is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain, often referred to as ILR, is a form of permanent residence that allows you to live and work in the United Kingdom without time restrictions.
Unlike temporary visas, ILR gives you the right to remain in the UK indefinitely as long as you continue to meet certain conditions.
ILR is commonly granted to individuals who have lived in the UK for several years on a qualifying visa route. Once granted, you are no longer subject to immigration time limits, and you gain greater stability in your immigration status.
Although ILR allows you to remain in the UK indefinitely, it can still be lost if you spend extended periods outside the country.
In most cases, ILR will lapse if you remain outside the UK for more than two consecutive years.
Who Can Apply for ILR
Indefinite Leave to Remain is available to individuals on several different immigration routes.
Many people apply for ILR after living in the UK for a specific number of years on a qualifying visa.
Common visa routes that may lead to ILR include:
- Skilled Worker visa holders who have lived and worked in the UK for the required period
- Spouse or partner visa holders who meet the settlement requirements
- Global Talent visa holders working in specialised fields
- Individuals who qualify under the long residence route after living in the UK for ten years
Each immigration route has its own eligibility rules and timelines for applying for ILR.
Basic Eligibility Requirements
Although the requirements vary depending on the visa category, most ILR applications must meet several common criteria.
- Continuous residence requirement: Applicants must usually have lived in the UK for a specific number of years without exceeding the permitted absence limits.
- Life in the UK Test:Many applicants must pass the Life in the UK Test, which assesses knowledge of British history, culture, and society.
- English language requirement:Applicants are generally required to demonstrate English language proficiency through an approved English test or recognised qualification. Currently, a B1 exam is required, likely to become B2 in due course.
Key Differences Between EUSS Settled Status and ILR
Although Settled Status and Indefinite Leave to Remain (ILR) both allow you to live in the UK permanently, they are not the same.
These immigration statuses apply to different groups of people and follow different rules.
Immigration Routes and Eligibility
Settled Status is part of the EU Settlement Scheme, which was created for EU, EEA, and Swiss citizens who were living in the UK before Brexit. It also applies to some eligible family members of those citizens.
ILR, on the other hand, is granted through a variety of immigration routes. People on work visas, family visas, and other long-term visas may apply for ILR after meeting the required residence period.
Application Process
The application process for Settled Status is different from the process used for ILR.
Applications for Settled Status are submitted through the EU Settlement Scheme. Many applicants can complete the process online by verifying their identity and providing evidence of residence in the UK.
ILR applications depend on the visa route the applicant currently holds. Each visa category has its own application process and documentation requirements.
For example, Skilled Worker visa holders must show they meet salary requirements and employment conditions, while spouse visa holders must demonstrate that their relationship remains genuine.
Because of these differences, the application process for ILR is often more complex than the Settled Status process.
Residence Requirements
Both statuses usually require applicants to have lived in the UK for a certain period before applying.
For Settled Status, applicants generally need five years of continuous residence in the UK. This means they must have lived in the country without extended absences during that period.
ILR residence requirements depend on the visa category. Many visa routes require five years of residence, but some routes may require a longer period.
For example, individuals applying under the long residence route must usually have lived in the UK for ten years.
Absence Rules
Another important difference relates to how long you can stay outside the UK after achieving settled status or ILR, without losing your immigration status.
With Settled Status, you can usually remain outside the UK for up to five consecutive years without losing your status.
With ILR, the absence rules are stricter. In most cases, ILR will lapse if you stay outside the UK for more than two consecutive years.
Understanding these rules is important if you plan to spend long periods outside the UK.
Cost of Application
The cost of applying for these statuses is also different.
Applications for Settled Status under the EU Settlement Scheme are free of charge for eligible applicants.
ILR applications involve significant government fees. The cost can be substantial, and the exact amount may change depending on immigration policies.
Access to Public Services and Benefits
Both Settled Status and ILR provide similar rights when it comes to living and working in the United Kingdom.
People with either status can:
- Work in the UK without restrictions
- Study in the UK
- Access the National Health Service (NHS)
- Access certain public benefits if they meet eligibility rules
Although the rights are similar, the immigration route through which you obtain the status determines which requirements you must meet.
EUSS Settled Status and ILR (Indefinite Leave to Remain): Quick Comparison Table
Understanding how these two immigration statuses differ is essential for choosing the right path to permanent residence in the UK.
| Category | Settled Status | Indefinite Leave to Remain (ILR) |
|---|---|---|
| Immigration Route & Eligibility | Granted under the EU Settlement Scheme for EU, EEA, and Swiss citizens living in the UK before Brexit, including eligible family members. | Granted through multiple immigration routes such as work visas, family visas, and other long-term visa categories. |
| Who It Applies To | Primarily EU, EEA, Swiss citizens and their families. | Non-EU immigrants who have lived in the UK under qualifying visa routes, and EEA, EU and Swiss nationals who did not live in the UK before Brexit. |
| Application Process | Usually completed online through the EU Settlement Scheme. Requires identity verification and proof of UK residence. | Varies depending on visa type. Requires detailed documentation such as salary proof, employment status, or relationship evidence. Generally more complex. |
| Residence Requirements | Typically requires 5 years of continuous residence in the UK. | Usually requires 5 years, but some routes require up to 10 years. |
| Absence Rules once status is obtained | Can stay outside the UK for up to 5 consecutive years without losing status. | Status usually lapses after 2 consecutive years outside the UK. |
| Cost of Application | Free under the EU Settlement Scheme. | Requires a significant application fee, which may vary depending on immigration policies. |
| Rights & Benefits | Can work, study, access NHS, and claim eligible public benefits. | Same rights as Settled Status: work, study, NHS access, and eligible public benefits. |
| Complexity Level | Simpler application process. | More complex due to different visa requirements and documentation. |
Rights Granted by Settled Status and ILR
Both Settled Status and Indefinite Leave to Remain (ILR) provide individuals with long-term residence in the United Kingdom.
Once you receive either status, you gain several important rights that allow you to live and participate fully in UK society.
Although these statuses come through different immigration routes, the rights they provide are very similar.
Right to Work in the UK
If you hold Settled Status or ILR, you have the right to work in the UK without needing additional work permits or sponsorship from an employer.
This means you can:
- Work for any employer
- Change jobs without immigration restrictions
- Become self-employed or start your own business
Having permanent residence provides greater flexibility in your career because your ability to work is no longer tied to a specific visa or employer.
Access to NHS Healthcare
Individuals with Settled Status or ILR can access healthcare through the National Health Service (NHS) in the same way as UK residents.
This includes services such as:
- Visits to general practitioners
- Hospital treatment
- Maternity services
- Emergency care
Access to healthcare is one of the key benefits of obtaining permanent residence in the UK.
Access to Public Benefits
Depending on your circumstances, individuals with Settled Status or ILR may be able to access certain public funds and benefits.
Examples may include:
- Universal Credit
- Child Benefit
- Housing assistance
- Other social support programmes
Eligibility for these benefits depends on your personal circumstances and whether you meet the relevant requirements.
Ability to Apply for British Citizenship
Both Settled Status and ILR can eventually lead to British citizenship, provided you meet the required criteria.
In many cases, individuals must hold permanent residence status for a certain period before applying for citizenship. Applicants must also meet other requirements such as good character checks and residency conditions.
Obtaining British citizenship allows you to apply for a UK passport and gain full rights as a British citizen.
Which Status Should You Apply For?
Whether you should apply for Settled Status or Indefinite Leave to Remain (ILR) depends largely on your immigration background and the visa route you are currently on.
If You Are an EU, EEA, or Swiss Citizen
If you are an EU, EEA, or Swiss citizen who was living in the UK before the end of the Brexit transition period, the EU Settlement Scheme is usually the correct route for obtaining permanent residence.
Under this scheme, many eligible applicants were granted either:
- Pre-settled status, which allows them to remain in the UK temporarily until they complete five years of residence, or
- Settled status,which grants permanent residence once they meet the five-year residence requirement.
If you currently hold pre-settled status and have now completed five years of continuous residence in the UK, you may be able to apply for Settled Status.
If You Are on a Skilled Worker or Family Visa
If you are in the UK on a visa such as a Skilled Worker visa, spouse visa, or another long-term immigration route, the pathway to permanent residence is usually Indefinite Leave to Remain (ILR).
Most work and family visa routes require you to live in the UK for a specific period before you can apply for ILR.
For many applicants, this period is five years, although some routes may require longer residence.
During this time, you must meet the relevant visa conditions, maintain continuous residence in the UK, and satisfy the requirements for settlement.
If You Are a Family Member of an EU Citizen
Family members of EU citizens may also qualify for Settled Status under the EU Settlement Scheme, depending on their circumstances.
For example, spouses, civil partners, children, and dependent parents of eligible EU citizens may apply under the scheme if they meet the eligibility requirements.
However, in some cases, family members may instead follow other immigration routes depending on when they arrived in the UK and their current immigration status.
Conclusion
Both EUSS Settled Status and Indefinite Leave to Remain (ILR) allow individuals to live in the United Kingdom permanently, but they apply to different immigration routes and eligibility criteria.
They allow you to live and work in the UK without time restrictions, access healthcare through the NHS, and eventually apply for British citizenship if you meet the necessary requirements.
Choosing the correct settlement route can sometimes be complicated, especially if your immigration history involves multiple visa types or family connections. Understanding which pathway applies to your situation is essential for preparing a successful application.
MGBe Legal provides professional immigration support for individuals seeking Settled Status or Indefinite Leave to Remain in the UK. Our team helps clients understand eligibility requirements, prepare strong applications, and navigate complex immigration rules with confidence.
If you need guidance on your settlement options or assistance with your application, contact MGBe Legal for a consultation.
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Gabriella Bettiga
Director of MGBe Legal
I founded MGBe Legal, a firm regulated by the Immigration Advice Authority (IAA), with the mission to provide high-quality, simplified, and accessible legal services to clients from all walks of life.
