Important Updates
Important Updates
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
July 25, 2025 | BulgariaBulgaria: Mandatory New Health Insurance Requirement for Single Work and Residence Permit Holders
July 25, 2025 | PolandPoland: New Rule Requires Submission of Employment Contracts Online
July 25, 2025 | Slovak RepublicSlovakia: Mandatory Online Submission for Some Processes
July 25, 2025 | SpainSpain: Certain Work Permits Can Now Be Issued for Less Than 90 Days
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
July 25, 2025 | BulgariaBulgaria: Mandatory New Health Insurance Requirement for Single Work and Residence Permit Holders
July 25, 2025 | PolandPoland: New Rule Requires Submission of Employment Contracts Online
July 25, 2025 | Slovak RepublicSlovakia: Mandatory Online Submission for Some Processes
July 25, 2025 | SpainSpain: Certain Work Permits Can Now Be Issued for Less Than 90 Days
July 25, 2025 | ThailandThailand: Digital Arrival Card System Replaces Electronic Travel Authorization System
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

When does the clock restart for ILR?

January 25, 2023

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Louisa Blundell, Amelia Haynes

Indefinite leave to remain (ILR), also known as settlement, gives an individual the right to live permanently in the UK (subject to limited restrictions), undertake employment of any type in the UK, set up in business and access public funds, if eligible. A person holding ILR may eventually be eligible to apply for British citizenship.

To apply for ILR, applicants must, along with the other mandatory criteria, meet the qualifying period.

What is the qualifying period?

The qualifying period is the amount of time an applicant must have lawfully been in the UK, in the relevant visa category, before they are eligible to apply for ILR.

For example, the qualifying period for Tier 2 (General)/Skilled Worker visa holders and their family members is five years. For those in the Innovator or Global Talent (Exceptional Talent) categories, the qualifying period is three years.

Not all immigration categories in the UK lead to settlement. For example, usually time spent as a student does not count. If the qualifying period for ILR is broken, this can cause the clock to “restart.”

What does a clock restart mean for ILR?

Quite simply, the clock ‘restarting’ for ILR means that any time already spent in the UK will not count towards the qualifying period. The applicant will therefore need to spend a longer period of time in the UK before they become eligible to settle.

What can cause the clock to restart for ILR?

Below are some examples of circumstances which may cause the clock to restart.

Relationship breakdowns

When a UK visa is granted to a dependent family member, that visa is inextricably linked to the ‘main applicant. If the family tie ceases to exist, the dependent family member’s right to live in the UK is directly impacted.

If there is a relationship breakdown between the main visa holder and a spouse or partner, this must be reported to the Home Office, who will curtail the spouse or partner’s leave. The spouse or partner must then decide to leave the UK within a specified period or switch immigration categories. It is at this point that the clock for ILR will restart.

Scenario:

A is the spouse of B, a Skilled Worker migrant. Their relationship has broken down after two years in the UK together. As a result, A obtains a Skilled Worker visa in their own right. The two years spent in the UK as B’s dependent spouse will not count, and A must complete a further five years in the UK as a Skilled Worker before they will be eligible for ILR.

Switching immigration categories

Like the above scenario, changing immigration categories can cause the clock to restart. If a Skilled Worker migrant changes employer but remains in the Skilled Worker category, the 5-year qualifying period is maintained. However, if a Skilled Worker migrant changes to a dependent visa, the clock will restart.

Some categories, such as the Global Talent/Tier 1 (Exceptional Talent) category, permit using time spent in a combination of categories to meet the qualifying period.

Scenario:

C entered the UK as a Skilled Worker migrant and spent two years in this category before switching to the Global Talent category and spending an additional year in the UK. C can combine the two years in the Skilled Worker category and the one year in the Global Talent category to meet the qualifying period.

Gaps between employment

As above, it is often the case that applicants must remain in their original qualifying visa category to maintain the qualifying period. This can be across multiple jobs and/or employers. If a migrant ceases to work for their sponsor, it will usually be appropriate for the Home Office to curtail the migrant’s leave to 60 days, allowing the migrant to file a new application or to make arrangements to leave the UK.

Provided that a new application is filed within the period specified in the curtailment letter, any gap between employment will not affect that individual’s ability to settle in the UK.

Scenario:

D entered the UK as a Tier 2 (General) migrant. After three years, D was made redundant by their current sponsor, their Certificate of Sponsorship was cancelled, and they were issued with a curtailment letter. D filed a Skilled Worker application within the period specified in the curtailment letter. The qualifying period is therefore maintained despite the change in employer/gap between employment. D must complete an additional two years in the UK as a Skilled Worker before they will be eligible to apply for ILR.

Absences from the UK

Unless an exemption applies, absences from the UK of more than 180 days in any 12-month period may essentially restart the clock for ILR. Excessive absences may therefore require an applicant to remain in the UK for a longer period of time, until the absence requirement is met.

Need to know more?

For further information on ILR requirements, or if you are concerned that a change in your circumstances may affect your ability to apply for ILR and need assistance, please contact Senior Associate Louisa Blundell at [email protected].

This blog was published on 25 January 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louisa-Blundell

Louisa Blundell

Manager

London, United Kingdom

Email

[email protected]

T:+44 20 7090 9201

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.