Applying for ILR after five years feels like the finish line. For some people, it is. For others, something they didn't account for a year or two back becomes the reason a £3,029 non-refundable fee disappears, and the clock potentially resets.

Most refusals are preventable because they follow the same patterns.

The Absence Calculation Is More Complex Than People Realise

The 180-day rule isn't "don't spend more than 180 days abroad per year." It applies across every rolling 12-month window throughout your qualifying period. That's not the same thing.

If you left the UK on 1 October 2022 and returned on 30 March 2023, that's 181 days across a rolling 12-month window that could span any combination of months. Most applicants check calendar years. The Home Office checks rolling windows. That gap is where continuous residence breaks happen.

ILR Applications After April 2024:

It gets more complicated for applications that span past 11 April 2024. New rules under Appendix Continuous Residence introduced a rolling 12-month assessment from that date. Applications that cross that date require dual analysis: the old fixed-block calculation for absences before April 2024, and the new rolling method for absences after that date. Getting this wrong could mean a refusal.

Timing the Application Wrong

Applying too early results in automatic refusal. You can submit up to 28 days before your five-year point, not a day earlier. Day 28 is fine. Day 29 is a refusal, and you've lost the fee.

The five-year calculation isn't always from your visa grant date. If you entered the UK within 180 days of your entry clearance being granted, the qualifying period can run from the grant date rather than from your entry. That's an earlier start point, and potentially an earlier application date.

The Salary and Duties Drift Problem

Your salary at the point of application must meet the current threshold: £41,700 or the going rate for your SOC code, whichever is higher, for those whose CoS was issued from April 2024. Your payslips, employer letter, and application all need to reflect the same figure. A mismatch, even of a few 100 pounds between documents can trigger a refusal.

Duties drift is the other issue. A Y & J Solicitors have seen cases where an applicant's CoS stated one SOC code at the start of their visa, but their role genuinely evolved over five years into something closer to a different occupation entirely. The Home Office checks whether your current duties match the original occupation code. If they don't, the application becomes complicated.

Character and Criminality Checks

The Home Office accesses criminal record databases before deciding. Any undisclosed conviction, caution, or civil judgment can lead to refusal on good character grounds, including outstanding NHS debts and unpaid government charges.

Past issues don't automatically make ILR impossible. Disclosing everything accurately and providing context matters more than hoping the Home Office doesn't find it.

English Language and Life in the UK

If B2 English wasn't proven at your original visa stage, you'll need to demonstrate it now. New ILR applicants from 8 January 2026 need B2 (CEFR), up from B1. Check whether a previous test result still satisfies this.

Book the Life in the UK test early. Failing it once isn't a disaster, but it delays applications and causes problems if your visa is close to expiring.

After a Refusal: What Actually Happens

An administrative review (AR) challenges a refusal where a caseworker error can be demonstrated. It doesn't introduce new evidence. If something was genuinely wrong with the application itself, AR is unlikely to succeed.

Reapplying is the other route. But check your status carefully first. If your visa has expired by the time the refusal arrives, you may need urgent legal advice, not just another application form.

Preparing an Application That Holds Up

Track absences from day one, not month five of year five. Build a spreadsheet showing every trip, entry and exit dates, days counted, and running totals for every rolling 12-month window. Reconcile this against your passport stamps before you apply.

Gather payslips for the full five years. Employment gaps, salary changes, or reduced pay during sick or parental leave all need explaining.

If anything in your history is unusual, address it in a covering letter before a caseworker has to ask.

The 5-Year Mark Shouldn't Be Where It Falls Apart

A Y & J Solicitors work on ILR applications across the Skilled Worker route, including the ones that aren't straightforward — excess absences, duties drift, character disclosure, and the April 2024 calculation split. Getting an eligibility assessment done well before your application window makes the difference between a clean submission and an expensive refusal. Get in touch with A Y & J Solicitors to assess your specific situation.