For many individuals, achieving settlement, also known as indefinite leave to remain, is the ultimate goal after spending time in the UK on a work visa. Settlement allows individuals to stay in the UK without any time restrictions, free from the need to extend their visa or adhere to strict immigration conditions. However, not all visa routes lead to settlement, and understanding the specific requirements for each visa type is essential for a smooth transition.
In this article, our expert immigration team provides an overview of the key work visa routes that lead to settlement and explains some common challenges applicants may face.
What is Settlement?
Settlement, or indefinite leave to remain, grants individuals the right to live and work in the UK without any time limits. This status allows for unrestricted employment, education opportunities, and the option to apply for British citizenship. Although the Home Office has started using the term ‘settlement’ more frequently in recent years, it remains synonymous with indefinite leave to remain.
Once settlement is obtained, individuals no longer need to meet any specific visa requirements. However, it is important to note that this status can be lost under certain conditions, such as prolonged absences from the UK or involvement in criminal activities.
Can Settlement Be Lost?
While settlement is indefinite, it is not entirely permanent. Individuals may lose their settlement if they remain outside the UK for more than two years. This rule applies to most work visa holders. However, those granted settled status under the EU Settlement Scheme can be absent for up to five years before their status lapses.
Settlement can also be revoked if it was obtained fraudulently or under criminal circumstances. It is crucial to regularly return to the UK to maintain your settlement status.
Work Visa Routes Leading to Settlement
Main Applicant Visa Routes
Several work visa routes enable the main applicant to apply for settlement after a certain period of continuous residence in the UK. These include:
- Skilled Worker Visa
- International Sportsperson Visa
- Innovator Founder Visa
- Scale-Up Visa
- Tier 2 (Minister of Religion) Visa
- Global Talent Visa
- UK Ancestry Visa
Additionally, there are visa routes that are no longer open to new applicants but still lead to settlement, such as:
- Representative of an Overseas Business Visa
- Tier 1 (Entrepreneur) Visa
- Tier 1 (Investor) Visa
Each visa route has its own specific requirements for settlement. For example, skilled workers must meet salary thresholds and provide proof from their employer that their role is still needed. Meanwhile, global talent visa holders must demonstrate continued success in their field of expertise.
Dependant Visa Holders
Dependants, including spouses and children, may also be eligible for settlement, but their application will generally be tied to the main visa holder’s status. Partners typically need to live in the UK for five continuous years as dependants. Children can apply for settlement alongside their parents, provided both parents are eligible.
Combining Visa Routes
It is possible to combine time spent on different visa routes to meet the five-year continuous residence requirement for settlement. However, there are limitations. For example, time spent on the Scale-Up, Innovator Founder, or Representative of an Overseas Business routes cannot be combined with other visa types for settlement purposes. On the other hand, time spent as a dependant cannot be combined with time as a main applicant.
Work Visa Routes That Do Not Lead to Settlement
Some work visa routes are designed for temporary stays and do not count toward settlement. These include:
- Seasonal Worker Visa
- Temporary Work Visas (International Agreement, Government Authorised Exchange, Creative Worker, Charity Worker, Religious Worker)
- Youth Mobility Scheme Visa
- Global Business Mobility (Senior/Specialist Worker Visa)
- High Potential Individual Visa
- Graduate Visa
Time spent on these visas cannot be counted toward the continuous residence requirement for settlement, except under specific long-residence settlement applications.
How to Apply for Settlement on a Work Visa
General Requirements for Settlement
Regardless of your visa type, all applicants must meet the following general settlement requirements:
- Absence Criteria: No more than 180 days of absence from the UK within any 12-month rolling period.
- Life in the UK Test: Pass a test covering UK culture, history, and society.
- English Language Requirement: Demonstrate a sufficient level of English proficiency.
Some applicants may be exempt from these requirements based on their age or specific circumstances.
When Can You Apply for Settlement?
Most work visa routes lead to settlement after five continuous years of residence. However, some visa holders may qualify for accelerated settlement. For example:
- Global Talent Visa holders endorsed as “exceptionally talented” may apply after three years.
- Tier 1 (Investor) Visa holders who have invested £10 million can apply after just two years.
Dependants of visa holders will still need to wait five years before becoming eligible for settlement.
Fees for Settlement Applications
The cost for a settlement application is currently £2,885 per person. Fortunately, there is no immigration health surcharge for settlement applications.
FAQs
1. Which work visas lead to permanent residency in the UK?
Work visas such as the Skilled Worker Visa, Global Talent Visa, and Innovator Founder Visa lead to permanent residency or settlement after a qualifying period.
2. How long does it take to get settlement in the UK on a work visa?
For most visa holders, settlement can be applied for after five continuous years. Some visas offer faster routes, allowing settlement after two or three years.
3. What are the requirements for indefinite leave to remain?
Applicants must meet the continuous residence requirement, pass the Life in the UK Test, demonstrate English proficiency, and ensure they meet specific visa route requirements.
4. Can I apply for settlement if I switch work visas?
In many cases, time spent on different work visa routes can be combined to meet the settlement requirements. However, there are some exceptions, particularly with the Scale-Up and Innovator Founder visas.
5. How can I lose my settlement status?
Settlement can be lost if you remain outside the UK for more than two years or five years (for those with EU settled status) or if obtained through fraudulent means.
Contact Us
For expert assistance with your UK worker visa or settlement application, contact our leading London law firm. Our specialist immigration solicitors are here to guide you through every step of the process. Contact out to our expert immigration team today!