Many people living in the UK are unsure whether Settled Status and Indefinite Leave to Remain mean the same thing. Both provide long-term rights to live in the UK, but they’re granted under different immigration routes and come with important differences.
Understanding how these two statuses compare is essential, particularly if you’re planning to travel, apply for British citizenship or protect your long-term right to remain in the UK.
In this article, we outline what Settled Status and Indefinite Leave to Remain are, how they’re similar and how they differ. We also explain how to arrange a free 30-minute consultation with an immigration solicitor to discuss which status applies to you.
What is Settled Status?
Settled Status is a form of permanent residence granted under the EU Settlement Scheme. It was introduced following the UK’s exit from the European Union to protect the rights of EU, EEA and Swiss citizens and certain family members, who were living in the UK before the relevant cut-off date.
Settled Status allows holders to live, work and study in the UK without time limits. It also provides access to public funds, healthcare and other services, provided eligibility requirements are met.
Unlike traditional immigration status, Settled Status is held digitally. There is no physical document or visa vignette. Instead, status is proved online through the Home Office’s digital checking service.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain, often referred to as ILR, is a form of permanent immigration status granted under the UK’s wider immigration system. It’s usually obtained after a qualifying period of lawful residence, such as five or ten years, depending on the visa route.
ILR allows individuals to live and work in the UK without restriction. Holders can also access public funds and services, subject to the relevant rules.
Proof of ILR may be provided through a biometric residence permit or digital status, depending on when and how it was granted. ILR isn’t linked to the EU Settlement Scheme and applies to a wide range of immigration routes, including work, family and long residence categories.
How Settled Status and Indefinite Leave to Remain are similar
Both Settled Status and Indefinite Leave to Remain provide a permanent right to live in the UK. Holders of either status can work without restriction, study and access public funds where eligible.
Both statuses also allow travel in and out of the UK and can lead to British citizenship, provided all other requirements are met. In practical terms, many day-to-day rights are very similar, which is why the two are often confused.
However, despite these similarities, the legal basis and conditions attached to each status aren’t the same.
Key differences between Settled Status and Indefinite Leave to Remain
The main difference lies in how each status is granted and maintained. Settled Status is granted under the EU Settlement Scheme, while Indefinite Leave to Remain is granted under the UK Immigration Rules.
One important distinction is how long you can be absent from the UK. Settled Status can usually be lost after an absence of five consecutive years or four years for Swiss citizens. Indefinite Leave to Remain is typically lost after an absence of two consecutive years.
There are also differences in how status is evidenced. Settled Status is entirely digital, while ILR may be held digitally or through a biometric residence permit, depending on when it was granted.
Because the two statuses are granted under different legal frameworks, the rules around losing status, upgrading status or applying for citizenship can also differ.
Travel and absence rules
Absence rules are a key area where misunderstandings can cause serious problems. Long periods spent outside the UK can lead to loss of status without warning.
Those with Settled Status generally have greater flexibility when it comes to long absences, but it’s still essential to keep accurate records of travel. ILR holders must be particularly careful, as an absence of more than two years can result in status being lost.
Understanding these limits is especially important for people who travel frequently or spend extended time abroad for work or family reasons.
Which status is better?
Confusion about immigration status can lead to serious consequences, including loss of the right to live in the UK. Mistakes often occur when people assume Settled Status and ILR are interchangeable.
There is no simple answer to whether Settled Status or Indefinite Leave to Remain is better. Each status reflects a different immigration history and route.
What matters most is understanding which status you hold, the conditions attached to it and how to protect it. In some cases, individuals with Settled Status may later apply for British citizenship or another form of status. Others may already hold ILR through a different route.
Speak to an immigration solicitor about your status
If you’re unsure whether Settled Status is the same as Indefinite Leave to Remain or how your status affects your long-term rights, professional advice can help provide clarity.
An immigration solicitor can confirm your current status, explain the rules that apply to you and help you plan for the future, whether that involves travel, settlement or citizenship.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
