Settle in the UK: How to do it and what it entails
Permanent residence in the United Kingdom is called settlement or an indefinite leave to remain (ILR). This status gives right to live in the country for an unlimited period of time, subject to extension. However, not all people can apply for it – some stay in the country on a temporary work or another visa by constantly extending it.
If you want to know which visas lead to settlement and which of them are the fastest route to ILR, read on. For your convenience, we have written this article in a Q&A format.
What is settlement in the UK?
An Indefinite Leave to Remain is an immigration status that gives its holder the following rights to unrestrictedly:
- Live and travel anywhere in the UK.
- Leave the country and come back after 2 years.
- Study, work, do business or do nothing while enjoying a comfortable and safe lifestyle.
A permanent resident in the UK is almost no different from British citizens who were born and have been living here on the Isles. If, however, you do not want to stop at that, you can apply for British citizenship one year after obtaining ILR. A British passport is your opportunity to visit over 180 countries without a visa, including Schengen zone and USA.
If you have not decided yet where you want to relocate and are looking into different options, our article will give you insights into many different options of relocating abroad.
Who can apply for settlement in the UK?
- A spouse, partner or family member of a British citizen or a settled person after living in the country for at least 5 years.
- Foreign specialists, businessmen and investors, and their immediate families, after continuously living in the UK for 5, 3 or 2 years. How fast you can settle depends on how successful a business is or how much you have invested in the UK economy.
- Other foreign nationals who have lived in Great Britain for not less than 10 years.
What is the difference between residence and settlement in the UK?
Residence or a leave to enter or remain in the UK is a temporary permit that allows a foreign national to stay on the British Isles for a long period of time. It is a long-term visa that would be normally given for a few years, as opposed to a standard visitor visa. In simple terms, a visa is your temporary residence permit.
Key differences between residence and settlement in the UK
- A visa has an expiry date while ILR does not. However, most visas can be extended before a current one expires.
- Most long-term visas, with a few exceptions, would limit you in what you can do in the UK.
For example, a Start-up visa would require you to dedicate all your working hours to the development of your business idea not to give reason for an endorsing body to withdraw their support. If you come on a Student visa, you cannot quit your studies. A Spouse visa is only valid if you continue living with your British partner in a genuine relationship. - Some long-term visas do not require any English language skills.
An Investor visa is granted in exchange for your contribution to British economy of at least £2,000,000 which might be the reason why the requirements are more flexible. However, if an investor decides to apply for ILR after living in the UK for some time, they must show a better integration in the British society by learning the language, culture and history of the country.
Please bear in mind that to be able to apply for an indefinite leave to remain in the UK, you must live in the country for several years on a temporary visa.
Which UK visas lead to permanent residence (ILR)?
The time required to obtain permanent residence in the UK depends on the immigration route and the applicant’s ability to meet the requirements of the relevant category.
Permanent residence in the UK is generally known as Indefinite Leave to Remain – ILR.
Completing the required period of residence does not automatically guarantee ILR. Applicants must also meet the continuous residence rules, remain within the permitted absence limits, continue to satisfy the conditions of their visa and meet all other settlement requirements.
Other long-term visas do not lead to settlement in the UK though you can switch from them to another category. If your business idea has been successful, you can switch from a Start-up visa to an Innovator visa.
| Immigration category | Who it is for | Time required before applying for ILR | Key conditions |
| Skilled Worker and Health and Care Worker | Qualified professionals employed by a UK organisation holding a sponsor licence | 5 years | The applicant must usually continue working in an eligible role, meet the applicable salary requirements and obtain confirmation from the employer |
| Scale-up Worker | Qualified professionals with a job offer from an eligible fast-growing UK company | 5 years | The applicant must meet the relevant earnings and residence requirements when applying for ILR |
| Global Talent | Recognised leaders and potential leaders in academia, research, arts, culture and digital technology | 3 or 5 years | The qualifying period depends on the applicant’s field, endorsement and the basis on which the visa was granted |
| Innovator Founder | Entrepreneurs establishing a new, innovative, viable and scalable business in the UK | 3 years | A new endorsement is required, together with evidence that the business has developed. There is no longer a fixed minimum investment requirement of £50,000 |
| T2 Minister of Religion | Ministers of religion and other religious workers sponsored by a UK faith organisation | 5 years | The applicant must continue to meet the route requirements and remain employed in an eligible sponsored role |
| International Sportsperson | Elite professional athletes and internationally established coaches | 5 years | The applicant must retain the relevant sporting endorsement, sponsorship and professional eligibility |
| Family visa – partner or spouse | Spouses and partners of British citizens or people with permanent status in the UK | 5 or 10 years | The qualifying period depends on whether the applicant is on the 5-year or 10-year family route. Time spent on a fiancé, fiancée or proposed civil partner visa does not count |
| Family visa – parent | Parents of a child who is British or permanently resident in the UK | 5 or 10 years | The applicant must continue meeting the parent route requirements and demonstrate an active role in the child’s upbringing |
| UK Ancestry visa | Commonwealth citizens with an eligible grandparent born in the UK, the Channel Islands or the Isle of Man | 5 years | The applicant must be able and intend to work in the UK and comply with the continuous residence rules |
| British National Overseas visa | British National Overseas status holders and certain eligible family members | 5 years | The applicant’s most recent permission before applying for ILR must have been granted under the BN(O) route |
| Dependant partner of a work or Global Talent visa holder | Spouses and partners of main applicants under eligible work, business and talent routes | Usually 5 years | The dependant partner must independently complete the required qualifying period as a dependant |
| Representative of an Overseas Business | Overseas media representatives and existing participants in the closed Sole Representative route | 5 years | New applications under the Sole Representative category are no longer accepted. The route remains available to certain existing participants and media representatives |
| Tier 1 Investor | Existing participants in the closed investment route | 2, 3 or 5 years | The route is closed to new applicants. The qualifying period depends on the amount and timing of the investment, and transitional deadlines apply |
| Tier 1 Entrepreneur | A limited group of participants in the closed entrepreneur route | 3 or 5 years | The ILR deadline has passed for most applicants. Limited transitional provisions remain available to certain former Tier 1 Graduate Entrepreneur visa holders |
| Long Residence | People who have lived lawfully in the UK under one or more immigration categories for an extended period | 10 years | This is not a separate visa. Most forms of lawful residence may be combined, subject to specific exclusions |
Which work visas do not lead directly to ILR?
Not every UK work visa provides a direct route to permanent residence.
The Global Business Mobility routes do not lead directly to ILR:
- Senior or Specialist Worker
- UK Expansion Worker
- Graduate Trainee
- Service Supplier
- Secondment Worker
This means that an internal company transfer to a UK branch of an overseas business does not normally provide a direct 5-year route to settlement.
To establish a route to permanent residence, the applicant may need to switch to Skilled Worker or another eligible immigration category.
Student, Graduate, Youth Mobility Scheme, Seasonal Worker, Standard Visitor and most temporary work visas also do not provide a direct route to ILR.
However, time spent under some of these categories may count towards ILR based on 10 years of lawful residence.
Important requirements
The 3, 5 or 10-year residence period is only one part of the ILR eligibility criteria.
Depending on the immigration route, applicants may also need to:
- meet the continuous residence requirements
- remain within the permitted absence limits
- pass the Life in the UK Test
- demonstrate the required level of English
- meet the applicable employment, salary, business or relationship requirements
- satisfy the suitability requirements
The applicant’s immigration history and the possibility of combining time spent under different visa categories should be assessed individually before an ILR application is submitted.
Three main conditions of applying for settlement in the UK
1. Continuous residence
You cannot spend more than 180 days outside the UK in any 12-month period from your first arrival in the country on a long-term visa till you apply for settlement. If you decide to stay in Great Britain for good, but you must travel a lot for business and/or personal matters, do track how much time you spend on your trips.
2. Good language skills
To apply for settlement in the UK, you and your family must speak English at an intermediate level which corresponds to Level B1 in the European classification.
An intermediate level means that you can freely express your thoughts in English, chat about everyday and business matters and understand someone speaking English at a normal pace.
To prove your language skills, you must pass a test in one of the centres approved by the Home Office. However, if you have already passed a test to Level B1 for your visa, you do not have to do it again.
Neither do you need to take a test if you can show that you studied in a university for more than 12 months, your studies were in English and you received a degree equivalent to bachelor, master, PhD or higher.
3. Passing Life in the UK test
An applicant and their family must also pass a test to prove their knowledge of customs, traditions, culture and history of the United Kingdom. A test consists of 24 questions and can be challenging even to British nationals. Good thing is, all the questions are available in the Internet so you practice them before the test.
Can my settled status be revoked?
Yes, you can lose your settled status and British nationality as well. However, because an ILR application is not an easy one, the system almost never fails. The UK authorities would not apply drastic measures unless it is something serious and involves breaking a law. Moreover, family members of law breakers can also lose their status even though they themselves have a clean criminal record.
To enjoy your freedom with a UK settled status, it is enough:
- To make sure that you made your ILR application to the Home Office without providing any misleading information about you and your dependants.
- To do your best to integrate in British society before you apply for settlement – take your kids to English nurseries and schools, pay your bills on time and do not limit yourself to a local community.
- Not to spend more than 2 years outside the UK after you get your status, or it will be revoked, and you will have to start the same procedure again.
- Not to commit serious offences or be involved in any terrorist activities.
How to avoid mistakes when moving to the UK and applying for ILR?
You have just seen that UK laws are full of nuances and are not tolerant to those who break them. If you do not want your UK visa to be refused and wish to settle successfully in Great Britain, you must be attentive to detail and be aware of relevant legislation.
Not all of us, however, have such knowledge. Therefore, it would be advisable to get in touch with a legal firm that has experience in the field and a lot of positive reviews from happy clients. This will free your mind for more important matters and minimise potential risks. Qualified immigration advisers at Imperial & Legal have many years of experience in solving the most challenging cases of clients relocating to Europe. Our experts will help you at every step of the way – from obtaining a visa to the UK or another country, searching for a property to corporate management to tax planning. They will make sure the United Kingdom becomes your second home as easy and as fast as possible.
