In most cases, to be able to obtain ILR (Indefinite Leave to Remain - also known as 'Settlement') in the UK, you must have spent a certain number of years in the UK continuously. For example, if you are applying for ILR through the UK Skilled Worker visa route, you must have lived in the UK for 5 years continuously on the date of your application. Some visas, such as the Innovator Founder visa, allow you to apply for ILR after 3 years of continuous residence in the UK.

On the other hand, you also have a route to ILR on the basis of long residence in the UK. 10 years of continuous residence.

On most visas (whether you are applying for entry clearance to the UK from abroad or switching to that visa from inside the UK), you do not get 5 years' permission against your initial application except skilled worker visa. Therefore, you need to apply for an extension. For example, a UK spouse visa allows you to stay in the UK initially for 2.5 years, after which you can apply for an extension of another 2.5 years. Thus, when you have completed 5 years in the UK (initial visa period + extension period), you may be eligible to apply for ILR in the UK.

Can you count time on different visas for ILR in the UK?

Yes, you may count time spent on different UK visas towards ILR. However, it depends on which ILR route you are applying under. Different visa categories have different settlement rules.

For example, permission on a visitor visa cannot be counted towards meeting the required number of years of continuous residence in the UK.

You also need to remember that not all UK visas lead to settlement, but you can switch to another visa to continue living in the UK and later settle through that visa that does lead to ILR. For example, a UK Graduate Visa does not lead to settlement. But you can switch to another visa, such as the Skilled Worker visa, which will enable you to obtain ILR later.

Let us see which routes allow you to count time on different visas for ILR in the UK.

1. UK family visa as a spouse/civil partner/unmarried partner (5-year route)

If you are in the UK on a spouse/civil partner/unmarried partner visa, you can usually apply for ILR in the UK once you have been in the country for 5 years continuously with permission on this route. You should check the email/letter granting your leave as a spouse/civil partner/unmarried partner to see whether you are on the five-year route to settlement. 

This visa, however, does not allow you to count time spent in the UK with leave as a fiancé (e) or proposed civil partner towards the 5 years.

You also cannot combine time spent on any other UK visa to reach the 5-year qualifying period. Your leave as a partner in the UK has to have been on the basis of your relationship with the same person (partner) throughout the period.

2. ILR on the basis of the UK’s 10-year long residence route

This is one of the most flexible ILR routes where you can combine time spent on most lawful UK visas towards 10 years of continuous years in the UK.

Examples of time spent on some different visas for ILR include, but are not limited to, the following: 

• Student visa / Tier 4

• Skilled Worker visa / Tier 2

• Scale-up Worker

• Spouse / Partner visa

• Start-up visa

• Youth Mobility Scheme

• Ancestry visa

• PBS dependent visas

You cannot count time spent on a seasonal worker visa, a visitor visa, or a short-term study visa towards 10 years’ continuous residence. 

3. Skilled Worker Visa, Health and Care Worker, T2 or Tier 2 visa

As a Skilled Worker, you can apply for settlement in the UK after living here for a continuous period of 5 years on this route.

When counting 5 years of residence for ILR, you can combine this with time spent on the following visas: 

• Any UK Tier 1 visa - except Tier 1 (Graduate Entrepreneur)

• UK Skilled Worker visa, Health and Care Worker visa, or Tier 2 (General)

• Scale-up Worker visa

• T2 Minister of Religion visa or Tier 2 (Minister of Religion) visa

• International Sportsperson visa, T2 Sportsperson visa, or Tier 2 (Sportsperson) visa

• Innovator Founder visa

• Global Talent visa

• Representative of an Overseas Business visa

4. Scale-up Visa 

A scale-up visa is a 5-year route to settlement. 

When applying for ILR through this route, you can combine time spent on this visa with time spent on the following visas: 

• UK Skilled Worker visa, 

• UK Global Talent visa, 

• UK Innovator Founder/Innovator visa, 

• T2 Minister of Religion visa, 

• UK International Sportsperson visa, 

• Representative of an Overseas Business visa, 

• Tier 1 visas (except Graduate Entrepreneur)

5. International Sportsperson Visa 

This visa leads to ILR after 5 years’ continuous residence in the UK, and you are allowed to combine time spent on this visa with time spent on the following visas: 

• Skilled Worker, 

• Global Talent, 

• Innovator Founder, 

• T2 Minister of Religion, 

• Representative of an Overseas Business 

• Tier 1 visas (except Graduate Entrepreneur)

• and Scale-up

6. Sole Representative of an Overseas Business visa

This visa is also a 5-year route to settlement.

If your last permission to be in the UK when applying for ILR is the Sole Representative of an Overseas Business visa, you cannot combine time spent on this visa with time spent on other visas to meet the 5-year requirement. That means the qualifying period is usually limited to time spent on:

• Sole Representative visa 

• Representative of an Overseas Newspaper, News Agency, or Broadcasting Organisation visa  

7. T2 Minister of Religion Visa

If you want to apply to settle in the UK through the T2 Minister of Religion visa, you must have spent 5 years’ continuous residence in the UK;

You can combine time spent in the UK on this visa with time spent in the UK on the following visas: 

• Skilled Worker

• International Sportsperson

• Sole Representative of an Overseas Business

• Tier 1 visas (except Graduate Entrepreneur)

• Innovator Founder 

• Global Talent and 

• Scale-up.

8. Global Talent visa 

Through a Global Talent visa, you can apply for ILR after 3 or 5 years of residence in the UK.  The 3-year rules applied if:

• You were endorsed by the British Academy, Royal Society, Royal Academy of Engineering (RAEng), or UKRI (UK Research and Innovation); or

• You were endorsed by ACE (Arts Council England) or Tech Nation (this is a UK organisation supporting startups and the technology sector) under the exceptional talent criteria; or

• You were granted your initial Global Talent visa application using a prize listed in Appendix Global Talent: Prestigious Prizes - It is an official UK immigration rules appendix containing a list of globally recognised awards in fields such as science, engineering, medicine, etc.  For example, an Academy Award, a Nobel Prize.

The 5-year rule for ILR applies if you were endorsed by Arts Council England or Tech Nation under the exceptional promise criteria.

The continuous period can include a combination of time spent on different visas, which include the following routes: 

• Skilled Worker

• Innovator Founder 

• International Sportsperson

• T2 Minister of Religion 

• Tier 1 visas (except Graduate Entrepreneur)

• Scale-up

• Representative of an Overseas Business. 

9. Innovator Founder visa

This visa leads to ILR in the UK after 3 years’ continuous residence in the country. 

You are not permitted to use time spent on other visas to count towards these 3 years. However, you can use time spent on the Innovator Founder visa to count towards 5 years’ continuous residence on some other work visas, as mentioned above.

10. Hong Kong BN(O) Visa 

If you hold the Hong Kong BN(O) visa, you can apply for settlement after 5 years’ continuous residence in the UK;

To calculate the 5-year period, you can include time spent on any visa that leads to settlement (any of the above visas), as long as your most recent leave was on the Hong Kong BN(O) route.

How can Visa and Migration help?

We have tried to outline the different UK visas that lead to settlement in the UK, and the situations in which you can combine time on different visas for ILR. However, this is still complex, and you should seek legal advice before making an application for ILR, whether applying through a single route or combining time spent in the UK on different routes.

For expert advice and assistance in relation to a UK ILR application, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com