ILR vs Settled Status — what's the difference?

The short version

• ILR (Indefinite Leave to Remain) — granted after 5+ years on a UK work, family, or other visa. Available to anyone (not just EU citizens).
• Settled Status — granted under the EU Settlement Scheme (EUSS) to EU/EEA/Swiss citizens and their family members who were in the UK by 31 December 2020.
• Both give you permanent residency rights — but with different legal frameworks, different proof, and different ways they can lapse.

Side-by-side comparison

Why two different systems exist

Before Brexit, EU citizens didn't need a UK visa to live and work in the UK — they had EU free movement rights. When the UK left the EU, the government created the EU Settlement Scheme (EUSS) as a one-time process to grant permanent residency to EU citizens already living in the UK. Settled Status was the "5+ years lived in the UK" version; Pre-Settled Status was the "less than 5 years" version that converts to Settled Status after 5 years.

ILR is the older system, used for non-EU nationals on work visas, family visas, Ancestry, and similar routes. It still exists — anyone on a UK work or family visa today is on the ILR track.

Practical differences

1. Travel and re-entry

ILR holders can be out of the UK for up to 2 years before ILR lapses. If you exceed 2 years away, you'll need to apply for a Returning Resident visa to come back as a permanent resident (or restart the immigration process).

Settled Status holders can be away for up to 5 years (4 if Swiss) before Settled Status lapses. This is significantly more generous than ILR for people who travel home frequently.

2. Proving your status

ILR holders historically had a stamp in their passport, then a BRP card, now an eVisa accessed via their UKVI account. The transition to digital-only is ongoing — many ILR holders still have physical BRPs that need to be replaced.

Settled Status has always been digital-only. You prove your status by sharing a code from the View & Prove service. This means landlords, employers, and the NHS need to look it up each time — which has caused friction for some Settled Status holders.

3. Family members

Bringing family members to the UK works differently for each status. ILR holders apply under family visa routes (spouse, child, parent). Settled Status holders sponsor family under the EUSS family permit route (broader than ILR family routes for now).

Citizenship after both

The good news: the path to British citizenship is the same regardless of which status you hold.

• Live in the UK with ILR or Settled Status for 12 months (no waiting period if you're married to a British citizen).
• Meet the residence requirements (3 years presence, ≤270 days absent, ≤90 days absent in the last year).
• Pass the Life in the UK Test (if you haven't already — Settled Status doesn't require it but citizenship does).
• Meet the English language requirement (B1 CEFR).
• Be of good character.
• Apply for naturalisation (£1,630), attend ceremony, get British passport.

If you have Pre-Settled Status

Pre-Settled Status is the EUSS version for EU/EEA citizens who hadn't yet been in the UK for 5 years by 31 Dec 2020. It's NOT permanent residency — it expires (originally 5 years; rules have changed multiple times). You upgrade to Settled Status once you've completed 5 years in the UK.

If you're on Pre-Settled Status, you're not yet eligible for British citizenship. Get Settled Status first, wait 12 months (or same-day for British spouses), then apply for naturalisation.

BNO (Hong Kong) visa holders

The British National (Overseas) visa scheme for Hong Kong citizens follows the ILR route — 5 years on the BNO visa, then ILR, then 12 months to citizenship. This is one of several niche routes that lead to ILR specifically, not Settled Status.