Most Indefinite Leave to Remain refusals are not caused by missing documents. They happen because applicants get their timing wrong or miscalculate absences. Applying even a few days too early can trigger an automatic refusal under the 28-day rule. Miscounting days outside the UK—especially under the rolling 180-day limit—is another common reason otherwise strong applications fail.

This guide covers the three main routes to ILR—Skilled Worker and work routes using SET(O), partner routes using SET(M), and 10-year long residence—with practical checklists that address the specific refusal triggers each route faces.

Which ILR form applies to your route: SET(O) vs SET(M)

SET(O): Skilled Worker, Global Talent, Innovator Founder, UK Ancestry, Scale-up, and their dependants. Typically a 5 years qualifying period.

SET(M): Partners (spouse, civil partner, unmarried partner) of British citizens or settled persons. 5 years on a partner visa route (2y 9m + 2y 6m).

Wrong form = automatic refusal. Skilled Worker dependents use SET(O), not SET(M). Partner visa holders use SET(M), not SET(O).

The 28-day application window: when "too early" means refused

Applications submitted more than 28 days before completing the qualifying period will be refused. This catches people who misunderstand when their 5 years actually completes.

The calculation that matters: Count backwards from whichever date is most beneficial—application date, decision date, or any date up to 28 days after application. Most applicants benefit from counting 28 days forward from their intended application date, then working backwards 5 years to find their earliest qualifying start point.

Example: Skilled Worker entered the UK on 15 January 2021. Five years will be completed on 15 January 2026. Earliest safe application date: 18 December 2025 (28 days before 15 January 2026). Applying on 10 December would trigger refusal for premature application.

For partner routes on the 2y 9m + 2y 6m structure, calculate from the end date of your current visa grant, not from arbitrary dates. Spouse visa, you can apply after 5 years living in the UK.

Core eligibility: the 180-day absence rule that trips most applicants

How the rolling 12-month calculation works

The 180-day limit applies to ANY rolling 12-month period during your qualifying residence, not just calendar years or visa years. You must check multiple overlapping periods.

Worked example:

  • Applicant qualifying period: 1 March 2021 to 1 March 2026
  • Check: 1 Mar 2021 – 28 Feb 2022 (total absences)
  • Check: 1 Apr 2021 – 31 Mar 2022 (total absences)
  • Check: 1 May 2021 – 30 Apr 2022 (total absences)
  • Continue checking every possible 12-month window

If ANY single 12-month window exceeds 180 days, continuous residence is broken.

What counts as absence

  • Day of departure: presence (counts toward residence)
  • Day of return: presence (counts toward residence)
  • A Friday-to-Monday trip = 1 day absence (Saturday and Sunday), not 4 days.

Long residence: the April 2024 transition

For 10-year long residence applications where part of the period falls before 11 April 2024:

  • Pre-April 2024 portion: maximum 548 total days absence, no single absence exceeding 184 days
  • Post-April 2024 portion: standard 180-day rolling 12-month rule applies

UK immigration firms like A Y & J Solicitors are increasingly seeing refusals where applicants calculated only the total days without checking the absence limits for pre-transition periods.

Knowledge of language and life requirements

Language and life requirements

English language:

  • ILR requirement: B1 (speaking and listening)
  • Must use Home Office-approved test provider
  • Degrees taught in English may qualify with UK NARIC verification

Life in the UK test:

  • Required for most ILR routes
  • Cost: approximately £50
  • Book well in advance—slots fill quickly
  • Valid indefinitely once passed

Age exemptions: Under 18 or 65 and over: exempt from both

Document checklist by route

Skilled Worker (SET O)

  • Current and expired passports covering full qualifying period
  • Current BRP
  • Life in UK test pass notification
  • B1 English language certificate (unless exempt)
  • Employer letter confirming: role, salary, employment dates, SOC code
  • Payslips: Most recent payslip
  • P60s for each tax year in the qualifying period - Not a ‘mandatory doc’
  • Bank statements for the most recent payslip
  • Comprehensive absence log with entry/exit dates
  • Proof salary still meets ILR threshold

Partner route (SET M)

  • All documents listed above, except employment evidence
  • Marriage certificate / civil partnership certificate/cohabitation evidence (2+ years for unmarried partners)
  • Cohabitation proof spanning full visa period: joint tenancy, joint bank statements, joint utility bills, council tax (aim for 2 items per quarter)
  • UK partner's passport and proof of settled status
  • Financial evidence meeting £29,000 threshold (or transitional £18,600 if applicable)
  • Absence log for applicant
  • Accommodation evidence 

Long residence (10 years)

  • Documents proving lawful residence for full 10-year period
  • All BRPs and visa stamps covering the decade
  • Detailed absence calculation showing compliance with both 548-day total AND 184-day single absence limits (pre-April 2024) plus 180-day rolling rule (post-April 2024)
  • Explanation letters for any gaps in evidence or status changes
  • Supporting letters from employers/organisations spanning the period

What actually causes refusals

Absences miscalculated or not evidenced

Submit a spreadsheet showing every trip, dates, days counted, running total for each 12-month window.

Wrong form selected

Verify route eligibility before starting application.

Evidence mismatch

Employer letter states £45,000, payslips show £42,000 → refusal. Salary must match across all documents - this is not necessarily true for SET M

Job details don't match CoS

CoS stated SOC code 2136 (programmers), current role performing duties of SOC 2139 (IT operations) → refusal for duties drift.

Suitability issues

Undisclosed criminal convictions, immigration breaches (overstays, working in breach). Declare everything—Home Office already knows via database checks.

Address history inconsistencies

Bank statements show Birmingham address, tenancy shows Manchester, employer letter shows London → where do you actually live?

Fees, processing times and travel restrictions

Fees (2026):

  • Application: £3,029 per person
  • Priority service: £500 (5 working days)
  • Super priority: £1000 (next working day, limited availability)

Standard processing: 6 months for most routes when applying inside UK

Critical travel restriction: Leaving the Common Travel Area (UK, Ireland, Channel Islands, Isle of Man) after submitting an ILR application withdraws the application automatically. Travel to Spain, France, anywhere outside CTA = application void.

Common mistakes with serious consequences

  • Not checking every 12-month rolling period.
  • Using estimated dates instead of passport stamps
  • Applying exactly on the 5-year anniversary without buffer days
  • Separate dependent applications instead of a family application
  • Missing short residential addresses from the address history

After ILR: proving status and next steps

ILR status will transition to eVisa format. Physical BRP cards are being phased out. Successful applicants should:

  • Create a UKVI account to access digital status
  • Use an online service to share status with employers, landlords, and service providers
  • Understand that ILR can be lost by staying outside the UK for 2+ consecutive years
  • Consider a British citizenship application after 12 months of holding ILR (if eligible)

The document requirements prove continuous compliance during your qualifying period. Prepare evidence with that scrutiny in mind—caseworkers are trained to spot inconsistencies, not to give applicants the benefit of the doubt when dates don't align, or evidence gaps appear.