Indefinite Leave to Remain in the UK Explained for Canadian Citizens

Indefinite leave to remain (ILR) is the immigration status that allows Canadians to reside in the UK without the restrictions and limitations typically associated with most visa categories. It doesn’t need to be extended or reapplied for. It’s also a great path to becoming a British Citizen, so you can enjoy full rights in the UK.

 

In this blog, discover how indefinite leave to remain applies to Canadian citizens and how you can go about applying for it.

Requirements You Need to Fulfill for ILR

With near-unrestricted right to remain in the UK and a clear path to citizenship, ILR is closely guarded with strict eligibility requirements. The main requirement is that you must have lived continuously and lawfully in the UK for a specified period, typically five years. Only certain visas can contribute to ILR, including the Spouse, Innovator, and Skilled Worker visas. During the residency period, you are not allowed to leave the UK for longer than 180 days in any 12-month period.

 

In some instances, you can make a claim that your absence from the UK is permissible. Examples include if you couldn’t return due to a conflict, a natural disaster, or a serious illness. Extended absences can also be permissible if they relate to work undertaken while serving in the Army Reserves. Finally, some Global Talent visa and PhD-level Skilled Worker visa holders can also be outside the UK for over 180 days. Make sure to keep accurate records of any time you spend outside the UK in case you need to account for the reason.

 

Further requirements ensure that you will fit well into life in the UK. Firstly, you must pass the Life in the UK test, which covers Britain’s history and culture. You also need to speak English to at least a B1 level on the Common European Framework of Reference for Languages, although this requirement is typically waived for Canadian citizens. It must, however, be met by those coming from Canada from a country where English isn’t the majority language.

The Three Paths to UK ILR for Canadians

The most common path to ILR is the route requiring five years of lawful residence in the UK. Visas allowing Canadians to take this route include, but are not limited to, family visas, long-term and skilled worker visas, and the UK Ancestry visas. You will need to investigate the visa type that you are on to understand whether you are eligible for this route. Furthermore, some visas will allow you to count time spent on other eligible visas towards the lawful residence period.

 

In most cases, those without a visa eligible for the five-year route can apply after ten years of lawful residence, typically after being in the UK under a combination of immigration categories. The continuous residence rules are slightly different under this route, although the sanctions against time spent abroad for over 180 days in any 12-month period still apply. If you time abroad began before 11 April 2024, you also cannot have spent over 548 days abroad in total during your qualifying period.

Finally, there are some visas that allow for accelerated residency periods before you apply for ILR. These are detailed below:

 

• Innovator Founder Visa: three years if your business has made notable achievements.
• Tier 1 (Entrepreneur) visa: three years if you’ve created 10 full-time jobs or have £5 million in business income.
• Tier 1 (Investor): two or three years, depending on the size of your investment and the date you initially applied.
• Global Talent visa: three years, depending on the type of endorsement you have received.

When Don’t Canadians Need ILR for Settled Status

ILR applications are taxing. Canadians who can access other routes to Settled Status in the UK may decide to avoid ILR. Such routes include the following:

 

• You can get British citizenship by descent.
• You are an adult dependent requiring the long-term care of a British citizen or person with settled status.
• You are a child dependent requiring the care of a British citizen or person with settled status.

 

People who are refugees resettled in the UK via the Gateway Protection Program can also get settled status. However, this is unlikely to be relevant to Canadian citizens.

New Rules For Canadian Citizens

The British Government published the Immigration White Paper in May 2025. This document proposes a range of rules around ILR that could be introduced in the near future. For most Canadians, it will make it harder to get ILR by increasing the qualifying period from five to ten years. The proposals also suggest introducing an “earned settlement” factor into the points-based system to assess the Canadian applicant’s contribution to Britain’s society and economy.

 

It remains unclear when these rules will be introduced or if they will be applied to those already working towards ILR, but we can likely expect them by the end of 2025. Furthermore, pressure has come from the right of British politics to end ILR, such as from Reform leader Nigel Farage. The Labour Government may decide to further tighten the rules as a result.

How Can Total Law Help?

Indefinite leave to remain is the most substantial step towards becoming a permanent resident and later a citizen of the United Kingdom. As such, it comes with stringent requirements that are often harder to meet than those for the original visa you applied for. Yet, as has been explained, the benefits are enormous and life-changing.

 

Many Canadians seeking to apply for indefinite leave to remain often receive assistance from immigration lawyers and advisers, such as those at Total Law. Our team can help you understand if you are eligible before guiding you through the application process. Our support continues after you

 

Partner Content Notice: The ILR details in this article were provided by Total Law and are published for general information only. This Is Luxury Travel does not offer legal advice and accepts no responsibility for errors, omissions, or changes in law. Always verify with official UK Home Office sources and a qualified immigration professional.