UK Residency

Overview

To be eligible for permanent residency, you must be in the UK legally on a visa. Additionally, you must meet a qualifying period of residence in the UK. The specific duration varies depending on the type of visa you have.

The minimum duration is five years if you are on the following visas:

• Family Visa
• Skilled Worker Visa
• Minister of Religion Visa
• International Sportsperson Visa
• Scale-up Worker Visa
• UK Ancestry Visa

The residency time is reduced for the following visas:

• Tier 1 Visa: 2 to 5 years
• Innovator Founder Visa: 3 years
• Global Talent Visa: 3 or 5 years, depending on your category

In addition, you should meet the following requirements to be eligible for residency:

• You must have spent no more than 180 days outside the UK in any 12-month period during the qualifying period
• Pass the Life in the UK test

• Pass the English language test
• Meet the income requirement (it differs depending on your visa type)
• Have a clean criminal record

English Language Requirements for UK Residency

You must prove your knowledge of the English language to settle in the UK. The exemption is if you are 65 or older or have a physical or mental condition that prevents you from taking the test.

You can do so either:

• With an academic qualification equivalent to a UK bachelor’s degree or higher and taught in English or
• By taking an approved English language test at least at a level B1 on the Common European Framework of Reference for Languages (CEFR) scale

Life in the UK Test Requirement for Permanent Residency

You must also take and pass the Life in the UK test to qualify for ILR. Like the English language test, you can only be exempted if you’re 65 or older or have a medical condition that prevents you from taking a test.

The Life in the UK test helps the Home Office determine if you understand or are accustomed to British life, customs, and traditions. It includes 24 computer-based questions with a pass score of 75%. The test costs £50, and you must pay to retake it if you do not pass.

Overview

You may qualify for residency if you are in the UK:

• On a Family Visa as the family member of a UK citizen or a permanently settled person
• As a dependent on other visas and your family member is settled or applying to settle

Note that you must be related to your family member as their spouse/partner, dependent child, parent, or dependent older relative.

Requirements for Partners

If you’re the spouse or partner of a citizen or settled person, you must meet the following specific requirements to be eligible for permanent residency:

• You and your partner must have lived together since you last renewed your visa
• You must continue your relationship after you settle
• You can only include time spent in the UK on the Spouse or Work Visa when calculating your residency time
• You and your partner must meet the minimum income requirement

Speak with our immigration lawyers at +44 (0)333 305 9375 to get up-to-date information.

Requirements for Parents

If you’re in the UK as the parent of a British Citizen or settled person, you can apply for indefinite leave to remain if:

• Your child is under 18 at the time of your application or was under 18 when you first got your Parent Visa
• Your child does not live an independent life

• You have sole or shared parental responsibility if the child is under 18. If you share parental responsibility, your co-parent must be a British citizen or settled person

Note that if you have a partner in the UK and are eligible for a Partner Visa, you cannot settle with a Parent Visa.

Furthermore, if you’re eligible for ILR, you may include your other dependent children on your application.

Requirements for Dependent Child

You can apply for permanent residence in the UK as a dependent child if:

• You are in the UK on a Family Visa through a parent with citizenship or settled status
• You are under 18 and were born in the UK before your parents settled, including if you have never had a visa

If you are applying through one parent, they must have sole responsibility for you. Otherwise, if your parents share parental responsibility, they must both have settled status before you can apply.

Note that the residency requirement may not apply to you. You can apply to settle as soon as your parents attain settled status.

Requirements for Dependent Older Relative

If you entered the UK as an older dependent relative on a Family Visa route, you automatically have indefinite leave to enter and do not need to apply to settle.

If you came into the UK as a dependent on other routes, such as pre-settled or humanitarian protection, you must apply for ILR at the same time as your family member applies. Otherwise, once your sponsor attains settled status, your visa will expire.

The criteria to apply for permanent residency differs depending on the type of work visa you are on.

If you hold a Skilled Worker, International Sportsperson, Minister of Religion, or Scale-up Worker Visa, you can apply to settle if:

• You’ve lived in the UK for 5 years (you can add time spent on a combination of different work visas)
• Meet the salary requirements of:
  • At least £33,000 yearly if you’re on a Scale-up Worker Visa
  • £25,600 per year, £10.10 per hour, or the ‘going rate’ for your work, whichever is the highest, if you are on other work visas.

When applying to settle through these visa routes, you do not need to meet the English language requirement because you already did when you applied for your work visa.

On the other hand, if you are on a Global Talent Visa, you must meet the language requirement. If you were endorsed as an emerging leader (‘exceptional promise’), you can settle after 5 years, but you can only settle after 3 years if:

• You were endorsed as a recognised leader (‘exceptional talent’)
• You got your visa by winning an eligible award and not through an endorsement
• You applied for the Global Talent visa as an academic researcher.