Foreigners may request Indefinite Leave to Remain after 5 or 10 years in the UK. The 5-year settlement option for family, work, and business visa holders is the most common path to ILR. Long residency, or the indefinite leave to remain 10 years, permits a foreign person to achieve ILR even without a qualifying settlement visa provided they have resided legally in the UK for at least 10 years.
What distinguishes 5-year and 10-year routes?
The 5-year settlement option requires applicants to have held qualifying visas (e.g. spouse visa) for 5 years before applying for ILR. The 10-year method requires applicants to have lived in the UK legally and in compliance with immigration regulations for at least 10 years. See our article 10 years lengthy residency path to ILR for more on the 10-year settlement route.
Other differences include the 5-year spouse visa settlement procedure and the 10-year approach. If they fulfill all visa eligibility requirements within the 5-year settlement term, spouse visa holders may explore the 5-year path. Spouse visa holders who don’t fulfill visa eligibility requirements may settle for 10 years. If they don’t fulfill the 5-year route’s financial criteria, they may apply for ILR after 10 years.
UK time for 5-year journey
At least 5 years must have passed on a qualified settlement visa in the UK. The kind of visa you possess determines whether you may settle after 5 years on multiple visas.
- Your spouse/partner visa does not allow you to include time as a fiancé, fiancée, or planned civil partner.
- A Skilled Worker visa allows Time spent on:
- Exception: Tier 1 Graduate Entrepreneur visa
- Visa for skilled workers or Tier 2 (General)
- Minister of Religion T2 visa
- International or Tier 2 sportsperson visa
- Visa for innovator
- Global Talent visa
- Visa representative for overseas business
- You can only count UK time on an Ancestry visa.
If you are interested in other visas, such as a temporary worker visa follow this link https://www.qc-immigration.com/work-visas/temporary-worker-visa.
Continuous residency needed
ILR requires continuous residency, meaning you cannot spend more than 180 days outside the UK in any consecutive year during the 5-year term.
Financial needs
The 5-year approach to ILR may involve financial qualifications. Again, they depend on your visa, such as:
- Spouse visa holders must fulfill family visa financial criteria.
- Skilled Worker visa holders must continue to meet the minimum salary requirements set when applying for ILR, the going rate for your occupation, or a lower amount if you work in a shortage occupation or have a relevant Ph.D.
Can you switch to 5 year UK route from 10 year?
Your UK time may be reset if you switch from 10-year to 5-year ILR as a spouse visa holder. Because only time spent inside limits counts toward 5 year settlement. If you resided in the UK for 5 years as a spouse visa holder but did not meet the financial criterion, you may switch to the 5-year option, but you must stay for 5 years to qualify for ILR. If you have less than 5 years remaining and can use a tourist or student visa, the 10-year settlement path may be best.
You may switch settlement option if you can convince the Home Office that you meet all spouse visa eligibility conditions. Thus, you must:
- Earn at least £18,600 (plus any extra money for your children).
- Maintain a real bond with your spouse and satisfy English language standards.
- Passed the Life in the UK exam and stayed legally in the UK.
The 5-year ILR path is available if the Home Office believes you fulfill all qualifying requirements.
Contact QC Immigration lawyers for 5 or 10 year settlement assistance.
