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Indefinite Leave to Remain (ILR) for Swiss Citizens After 5 Years in the UK
- Paul Richmond
- Jan 6
- 3 min read
Updated: Mar 6
For citizens of Switzerland, securing Indefinite Leave to Remain (ILR) in the UK after 5 years of residency can be achieved under various immigration categories. This guide details the immigration routes available for ILR after 5 years and the continuous residence requirements for Swiss passport holders.
ILR Eligibility for Swiss Citizens After 5 Years
Swiss citizens can apply for ILR in the UK through several key immigration categories, including:
Tier 1 Investor Visa: If you are a Swiss national already holding a Tier 1 Investor visa, you can apply for ILR as a Tier 1 Investor until 17 February 2028.
Tier 1 Entrepreneur Visa: For Swiss passport holders already on a Tier 1 Entrepreneur visa, you can apply for ILR as a Tier 1 Entrepreneur until 5 April 2025.
Minister of Religion Visa
International Sportsperson Visa
UK Ancestry Visa
Additionally, Swiss nationals can pursue family-based ILR routes such as Spouse, Civil Partner, and Unmarried Partner visas.
Accelerated ILR Routes for Swiss Nationals
Certain immigration routes offer accelerated paths to ILR for Swiss citizens, allowing applications by Swiss passport holders after just 2 or 3 years:
Tier 1 Investor Visa
Tier 1 (Entrepreneur) Visa
Combining Different Visa Categories for ILR
Swiss passport holders can sometimes combine time spent in various immigration categories to qualify for ILR after 5 years. For example, Swiss nationals on a Skilled Worker visa might combine their time with periods spent on Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, or Scale-up visas.
However, some visas like the Investor and Tier 1 (Entrepreneur) visas, which are now closed to new applicants, require the entire 5-year period to be spent within those specific categories.
ILR 180-Day Absence Rule
For Swiss citizens, most investment, business, and work-related visas require that you do not spend more than 180 days outside the UK in any 12-month period during the qualifying period. Family migration routes do not have this restriction at the ILR stage, but absences are considered when applying for British Citizenship.
Calculating the 180-Day Rule:
For settlement applications from 11 January 2018, absences are evaluated on a rolling basis.
Travel days where you are partially in the UK are not counted as absences.
If the 5-year period began before 11 January 2018, absences are assessed in separate 12-month periods up to the date of application.
Dependents of Tier 1 (Entrepreneur) and Investor visas are evaluated similarly, with absences before 11 January 2018 disregarded.
Handling Excessive Absences
Swiss nationals who exceed the 180-day absence limit for serious or compelling reasons may still have their ILR applications considered. Acceptable reasons include serious illness, conflict, or natural disasters. Evidence such as medical certificates or travel disruption documentation must be provided.
Path to British Citizenship After ILR
Married to or in a Civil Partnership with a British Citizen: Swiss nationals are eligible to apply for British citizenship immediately upon being granted ILR.
Not Married to or in a Civil Partnership with a British Citizen: Citizens of Switzerland are eligible to apply for British citizenship after holding ILR for 12 months.
Residence Requirements for British Citizenship:
No more than 90 days absent in the last 12 months before applying.
If married to a British citizen, no more than 270 days absent over the past 3 years.
If not married to a British citizen, no more than 450 days absent over the 5-year qualifying period.
Contact Our UK ILR Immigration Experts
For expert advice and assistance with ILR applications after 5 years, accelerated ILR options, or any other aspects of UK immigration law, Swiss citizens and other residents of Switzerland can contact our immigration lawyers in Switzerland on +41 21 588 07 70 or get in touch via our contact form.
