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Which Work Visa Pathways Lead to Settlement?
Which Work Visa Pathways Lead to Settlement?
For many immigration applicants, obtaining a settlement visa or obtaining indefinite leave to remain is often the primary goal.
Settlement can only be achieved after a designated number of years of continuous residence in the UK, fulfilling various immigration criteria, and paying substantial fees.
However, not every visa pathway leads to settlement. Some routes may not easily combine with others, while certain pathways offer a faster route to settlement.
Below, we provide an overview of work visa pathways that can lead to settlement, along with potential pitfalls to consider.
What is Settlement?
In recent years, the Home Office has shifted its preferred term from ‘indefinite leave to remain’ to ‘settlement.’ Both terms refer to the ability to reside in the UK without any restrictions on duration.
Individuals who achieve settlement do not need to extend it or fulfil specific requirements to maintain it. They are free to work or study without limitations and can apply for naturalisation as British citizens if they choose to do so.
Is Settlement Indefinite?
In theory, yes. However, there are circumstances where settlement can be lost.
The most clear-cut situation occurs when an individual remains outside of the UK for an extended period. For most visa holders, including those on a work visa, this period is two years. For individuals granted settled status under the EU Settlement Scheme, the limit extends to five years.
If someone’s absence surpasses these durations, their settlement status may lapse, requiring them to restart their settlement journey or apply as a returning resident. Regular returns to the UK can help avoid this situation.
Settlement can also be revoked if obtained through fraudulent means or criminal activities, or if there are valid reasons for the Home Secretary to rescind this status.
How Do I Obtain Settlement on a Work Visa Route?
The method of acquiring settlement varies based on the immigration route active at the time of application. Work routes in the UK can be categorised into two groups: main applicants and dependants.
Main Applicants
The following pathways lead to settlement:
- Scale-up
- Tier 2 (Minister of Religion)
- Ancestry
Additionally, pathways that are no longer available to new applicants can still lead to settlement:
- Representative of an Overseas Business
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
Main applicants must comply with their immigration route's requirements, reside in the UK for a designated period, and satisfy the specific criteria for settlement.
The requirements for settlement can differ significantly across routes.
For instance, a skilled worker is tied to their sponsor and must meet a specific salary threshold along with obtaining a confirmation letter from their sponsor regarding their ongoing role in a settlement application.
In contrast, a global talent applicant enjoys greater flexibility during their residence and must demonstrate funds received from work within their field as part of their settlement application.
A Tier 1 (Investor) must show that they have maintained their qualifying investments throughout the required period.
All applicants must also fulfil the general requirements for settlement listed below and submit an online application as standard.
Dependants
Dependants may apply for settlement simultaneously with the main applicant. They have reduced requirements, including basic evidence of their ongoing relationship with the main applicant.
Children can apply concurrently, provided both parents are eligible (unless only one parent has responsibility for the child).
Partners typically must reside in the UK for five continuous years as dependants, and their application is linked to the main applicant’s success. Depending on when the main applicant achieves settlement, one parent and subsequently any children may need to wait longer to apply for settlement after the main applicant achieves this status.
Which Work Routes Do Not Lead to Settlement?
Certain work routes are intended for short durations and thus do not lead to settlement. These include:
- Seasonal Worker
- Temporary work visas, such as:
- International Agreement Visa
- Government Authorised Exchange Visa
- Creative Worker Visa
- Charity Worker Visa
- Religious Worker Visa
- Youth Mobility Visa
- Senior or Specialist Worker Visa (Global Business Mobility)
- UK Expansion Worker Visa (Global Business Mobility)
- High Potential Individual
- Graduate
Time spent under these routes does not contribute to the continuous residence requirements (except when applying for long residence settlement, as explained below).
Similarly, durations under other temporary routes, such as student visas or visitor status, will not be counted.
Other non-work routes (like being a partner of a British citizen) can also lead to settlement independently, but typically cannot be combined with the work routes mentioned above.
Can I Combine Time Spent on Different Work Visa Routes to Meet Continuous Residence Requirements?
It is possible to combine time spent in most of the main applicant work visa routes listed earlier to fulfil the continuous residence criteria. However, there are some complexities involved.
The order of permissions held is significant. If an applicant currently holds and is applying for settlement under the scale-up, innovator founder, or representative of an overseas business route, this cannot be combined with any previous permissions.
However, if switching from the scale-up, innovator founder, or representative of overseas business routes to another main applicant route, the time can be combined to meet continuous residence requirements. For example, time spent under the representative of the overseas business route can contribute if the applicant then transitions to the skilled worker route to achieve five years across both routes. The reverse does not apply.
Additionally, time spent as a dependant cannot be combined with time as a main applicant and vice versa. Families should carefully consider who will be the main applicant, ideally maintaining this status for a five-year duration.
If a beneficial combination does not apply and the applicant has resided in the UK for ten continuous years, the long residence route may be an alternative. This allows for the combination of time across any legally held immigration route, excluding time as a visitor, short-term student, or seasonal worker.
What Are the General Requirements for Settlement?
In addition to meeting the specific requirements of their respective routes, adult applicants must adhere to the absences criteria, which limits absences to no more than 180 days within any rolling 12-month period. They typically also need to pass a Life in the UK test and meet English language requirements.
Exceptions may apply based on the applicant's age and individual circumstances.
When Can I Apply?
Most routes lead to settlement after five continuous years, except for the innovator founder route, which requires three years. However, some pathways enable a quicker route to settlement if specific criteria are fulfilled.
Under the global talent route, applicants can apply for settlement after three continuous years if endorsed as exceptionally talented by Tech Nation or Arts Council England or endorsed by the Royal Society, British Academy, Royal Academy of Engineering, or UKRI (as either exceptionally talented or promising).
Tier 1 (Entrepreneur) route holders can apply after three continuous years if they have employed over ten people or have seen a significant increase in business activity of at least £5 million, with various documents required in these situations.
Tier 1 (Investor) route holders could apply after two years if they invested £10 million or after three years with a £5 million investment.
Unfortunately, these expedited routes do not extend to relevant dependants, who must wait the full five years. Interestingly, those with ancestry dependant status can apply whenever the main applicant becomes eligible, allowing them to do so without a specific period of residence.
What Happens After I Achieve Settlement?
Congratulations on achieving settlement! This milestone opens a world of opportunities for you. You can now work or study freely, without restrictions, and enjoy the freedom to travel—just remember, you cannot leave the UK for more than two years at a time.
If you are married to or in a civil partnership with a British citizen, the path to naturalisation is even smoother. You can apply for it after just three years of uninterrupted residence in the UK. If you are not in such a relationship, do not worry; you can still apply for naturalisation one year after obtaining your settlement status.
Interestingly, if you have children, your settlement status might also benefit them. Depending on their circumstances at birth, they may be eligible to register as British citizens, giving them a bright future in the UK.
What are the Costs Involved?
While the journey to settlement is rewarding, be prepared for the financial aspect. The fee for settlement applications can be steep, currently set at £2,885 per person. These fees are non-refundable should your application be refused by the Home Office. The good news is that there are no additional immigration health surcharge payments to worry about.
If you have questions or need assistance navigating this process, feel free to reach out to us at [email protected] We are here to help you every step of the way.
Laura, is a Level 1 IAA acccredited adviser with over 20 years experience of working within the Home Office and the UK Immigration Service. She brings a unique advantage to our team. Her expertise in Immigration law and writing skills are an asset.
