Indefinite Leave to Remain Requirements for South Africans

You will not automatically qualify for ILR on completion of 5 years of continuous and lawful residence in the UK. When submitting your application form, the UKVI will consider your case against several eligibility criteria, such as:

• No criminal convictions or breach of UK immigration law
• Absences from the UK not exceeding 180 days within any 12 months of your qualifying period
• Evidence of your English proficiency to the required standard
• Evidence you have passed the Life in the UK Test
• Qualifying for Indefinite Leave to Remain

ILR Qualifying Periods

Before applying for ILR as a South African citizen, you must have spent a specified number of years in the UK on a visa category that specifically leads to settlement. This includes:

ILR Qualifying Period of 5 Years

Family of British Citizen (or Settled Person)

For families of British citizens or settled people, the qualifying period for ILR is currently 5 years and expected to remain 5 years, as it is likely these visa routes will be exempt from the change to a 10 year route to settlement (ILR). This is not guaranteed. Family visa routes include:

• Spouse or Civil Partner Visa or Unmarried Partner visa
• Adult Dependent Relative visa
• UK Ancestry Visa

ILR eligibility for children and Settlement for the EU Settlement Scheme is different:

Family visa (Child) – 7 years to ILR
EUSS Settlement Scheme (Not ILR) – 30 months in 60 months

UK Worker Visas & Family

Currently, qualifying for ILR via a Skilled Worker visa, or a similar route, and having family members on such routes is 5 years for all in this category. It is likely to transition to a contribution-based model in 2026, with the default ILR qualifying period increasing to 10 years. This is pending consultation, though ministers have announced the change.

• Skilled Worker visa
• Health and Care Worker visa
• Minister of Religion visa
• International Sportsperson visa
• Scale Up Worker visa
• UK Dependent visa

3 Year Route – Talent/Business Visas

You can apply for accelerated ILR after 3 years if you:

• Demonstrate impact on the UK economy society after gaining endorsement as an exceptional talent on a Global Talent visa
• Reach the requirements (such as employing 10 people and making a significant economic contribution to the country on an Innovator Founder visa

What if I am in the UK legally, but not on one of these visas?

If you are not in the UK on a visa listed above, you may still be eligible to settle in the UK over time through ILR.

There are other visas eligible for settlement after 5 years, including:

• The Hong Kong BN(O) visa
• Those on the Windrush Scheme who came to the UK before 1988 may get ILR or a direct route to citizenship
• Those already on the Family Reunion or Asylum pathway (though this is subject to change). Note that the Family Reunion route has been replaced by Appendix FM, also known as a Family visa. Also, asylum seekers who arrived in the UK illegally by dangerous means, such as by small boat, will not be eligible for citizenship and are unlikely to gain ILR (as it counts against you on the “good character requirement”.

However, if you are not on any of the above permissions or UK visas that are ILR eligible, you should contact a lawyer to understand your options. You will likely be eligible instead for the 10 year route.

10 Year (Long Residence) Route

If you don’t qualify for ILR after 5 years on an economic or family visa route, you might still qualify after 10 years. To qualify for the 10 year route, you will need to ensure you have lived in the UK for 10 continuous years. This means no breaks in your visa permissions.

The ILR continuous period requirement is the minimum amount of time that you must have spent in the UK, being active in the economy of the country (i.e., being in employment). Long absences may reset the clock and require you to restart your route to ILR.

Absences

Any days of absence will be checked and calculated. Guidance suggests a maximum of 180 days outside the UK within any 12-month period

• For family visa routes, this is not mandatory
• For work visa routes (and their accompanying family members), the absence requirement is mandatory. You may face an ILR refusal if this requirement is not met.

It is important to prepare an extensive portfolio of documents when applying for ILR. You will need to provide the Home Office with all the necessary paperwork to demonstrate your eligibility and support your application.

All ILR documents must be in their original form and, when not written in English, they must be accompanied by a certified translation.

The following are some of the documents that you need to include in your ILR application bundle:

• Your passport or any other valid travel document
• Pass certificates of both the English language exam (if not exempt) and the Life in the UK Test
• Any documents detailing the time you spent outside the UK during your qualifying period.
• Your complete immigration history
• Relevant financial information (i.e., your bank statements).

Absences on 10 year route

If there is a break in your visa permissions to stay in the UK and you have not been granted further leave to remain (FLM) you may have to return to your home country, and your 10 year route will reset when you return.

If you overstay in the UK, you could be deported and/or harm your chances of returning. Some curtailment periods, such as those resulting from the end of a job or a relationship, are permitted. Waiting periods while a visa is being processed are allowed.

Visa Combinations

If you have lived in the UK for 10 years on various visa permissions, you may qualify for ILR. Time spent on most visas can count towards the long residence route, unlike for the 5 year route. Eligible visas can also be combined to make up 10 continuous years.
Visas that can count towards 10 year residence period include:

• Student visas
• Graduate visas
• Skilled Worker visas
• Family visas
• Dependent visas
• Global Business Mobility visas
• Youth Mobility visas

Visas that do not count towards the 10 year residence period include:

• Visitor visas
• Seasonal Worker visas

How to Apply for ILR for South African Citizens

It must be noted that only the time spent lawfully in the UK counts towards your ILR eligibility. Besides, time spent in the Isle of Man or the Channel Islands will not count.

As a general rule, your qualifying period is counted backwards from one of the following:

• The date of your application
• The date your ILR status was issued
• Any date which is up to 28 days after your application.
• ILR for South Africans required documents
• It is important to prepare an extensive portfolio of documents when applying for ILR. You will need to provide the Home Office with all the necessary paperwork to demonstrate your eligibility and support your application.

It costs £50), the English language test cost, and the charges for professional translation of any of your documents which are not written in English.

Call us today and book your first advice session with one of our lawyers, to receive a detailed breakdown of the costs of your application.

Once you have submitted your ILR application from South Africa, the Home Office will take up to six months to provide you with a response.

If your application is successful, you will need to collect your Biometric Residence Permit (BRP) for South Africans before your enter the UK., and withing seven days after the decision on your case has been made.

If you are seeking a quick decision, or if your application is time-sensitive, you can either apply for one of the following:

• The Home Office Priority Service, which will guarantee your response within five working days for an additional cost of £500.
• The Home Office Super Priority Service, which will get your decision within one working days (additional charge: £1000).

None of these special services will affect the Home Office ultimate decision on your case.