Indefinite Leave to Remain in the UK Through Family Routes – Guidance for Swiss Citizens and Residents of Switzerland

For Swiss citizens who are already living in the UK on a family visa, or those based in Switzerland considering a move to the UK to join a loved one, one of the most significant milestones is achieving Indefinite Leave to Remain (ILR). ILR, also referred to as settlement, gives you the right to live and work in the UK without immigration restrictions. For those aiming to make the UK their permanent home, it is the gateway to greater stability and, for many, eventual British citizenship.

Family-based ILR applications can be complex, involving strict eligibility rules and detailed evidential requirements. Below we set out the main routes to ILR via a family relationship, as well as alternative and longer-term options. Whether you are married to a British citizen in London, planning to relocate from Zurich to join your civil partner, or seeking to care for a child or elderly relative in the UK, understanding the rules in advance is critical.

Settlement as the Partner, Spouse or Civil Partner of a British Citizen or Settled Person

Swiss nationals may apply for ILR after holding a partner visa for five continuous years, provided the relationship is with a qualifying sponsor. This sponsor could be a British or Irish citizen, someone already settled in the UK, a person with pre-settled status under the EU Settlement Scheme, a Turkish Businessperson or Worker under the ECAA provisions, or an individual with refugee or humanitarian protection.

To qualify for settlement, you must evidence that your relationship is genuine and subsisting, that you have lived together in the UK throughout your visa period, that you continue to have adequate accommodation available, and that you meet the strict financial requirements. These financial rules are often one of the most challenging aspects of an application, particularly if you or your partner are self-employed or rely on non-standard income. Careful preparation and documentary evidence are essential.

Settlement Under the EU Settlement Scheme (EUSS)

The EU Settlement Scheme is particularly relevant to Swiss citizens who began living in the UK before 31 December 2020 and who applied for status before 30 June 2021. Those who already hold pre-settled status can apply for settled status once they have completed five years of continuous qualifying residence in the UK.

Although the main deadline for applications has passed, there are circumstances in which late applications may still be accepted, provided there are reasonable grounds. The eligibility criteria can be fact-specific, especially for family members and those with retained rights of residence. Applicants must usually show residence in the UK before the Brexit transition deadline and that the qualifying relationship with the relevant EEA or Swiss national is genuine.

Automatic Conversion from Pre-Settled to Settled Status

A recent change means that eligible holders of pre-settled status may now have their status automatically converted to settled status without making a new application. From 16 July 2025, the Home Office will assess continuous residence based on absences not exceeding 30 months in the most recent five-year period, replacing the previous six-month-in-any-12-month rule. This is intended to simplify the process and reduce the risk of breaking continuity.

Joining Family Members of EEA and Swiss Citizens via the EUSS Family Permit

Swiss nationals’ non-Swiss family members may apply for an EUSS Family Permit from outside the UK. This allows entry to the UK for six months, during which time the applicant may seek pre-settled status under Appendix EU, provided the relationship and residence conditions are met. After five years of continuous residence, an application for settled status can be made. This route is complex and heavily document-dependent, so early legal advice is recommended.

Parent of a Child Visa Leading to ILR

The Parent of a Child Visa route enables a parent to join or remain with their child in the UK, provided the child is British, Irish, or holds settled or pre-settled status. Applicants must be at least 18, and the child must be under 18 at the date of application and living in the UK. The applicant must have sole responsibility for the child or shared care with a non-partner who is settled or British. Evidence of active involvement in the child’s upbringing is required, alongside meeting maintenance, accommodation, and English language rules. After five years on this visa, ILR may be granted, but only if the applicant has held this visa continuously without switching from other routes.

Adult Dependent Relative Route

Swiss citizens seeking to bring elderly parents or other close adult relatives to the UK via the Adult Dependent Relative Visa route face one of the most stringent application processes in the Immigration Rules. Applicants must prove they require long-term personal care due to age, illness, or disability, and that such care is unavailable or unaffordable in their country of residence even with the UK sponsor’s financial support. Successful applicants joining a British or settled sponsor will be granted ILR immediately; those joining a sponsor with temporary status will receive leave aligned to the sponsor’s visa.

Hong Kong BN(O) Routes and Settlement

While primarily relevant to those with British National (Overseas) status, the BN(O) visa routes allow for family migration and eventual settlement after five years. Dependent partners, children, and in some cases adult dependent relatives, can accompany or join the BN(O) status holder. The residence and absence rules for ILR mirror other routes, requiring no more than 180 days’ absence in any 12-month period.

UK Ancestry Visa and ILR

Some Swiss citizens may also hold Commonwealth nationality or BN(O) status, making them eligible for a UK Ancestry visa if they have a qualifying UK-born grandparent. This route requires evidence of the family connection, financial independence, and an intention to work in the UK. After five continuous years, applicants can apply for ILR, provided they have been working or genuinely seeking work throughout.

The 10-Year Long Residence Route

For those who do not qualify for ILR through a single family route, the long residence provisions offer an alternative. This route allows applicants to combine time spent in multiple visa categories - such as study, work, and family visas - to reach 10 years of continuous and lawful residence. Strict rules on absences apply, with different thresholds depending on whether the absences occurred before or after 11 April 2024.

Final Considerations

For Swiss nationals, whether already in the UK or planning to relocate from Switzerland, achieving ILR through a family route is a significant legal process that requires early planning, accurate documentation, and compliance with the detailed requirements of the UK Immigration Rules. Each route has its own evidential challenges, and refusal rates can be high for applications that are not fully prepared. Engaging experienced immigration lawyers can make the difference between success and delay.

If you would like tailored advice on your eligibility for ILR through a family relationship, or guidance on the best route to secure settlement in the UK, Richmond Chambers Switzerland can provide expert, practical support at every stage of the process.

Frequently Asked Questions – ILR in the UK Through Family Routes

1. What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent immigration status in the UK. It allows you to live, work, and study without restriction, and to access certain public benefits if eligible. Once granted ILR, you are no longer subject to UK immigration control and, after a qualifying period, you may be eligible to apply for British citizenship.

2. Can Swiss citizens apply for ILR through a family relationship?

Yes. Swiss citizens can apply for ILR through various family-based routes, including as the partner, spouse, or civil partner of a British or settled person; as the parent of a child in the UK; as an adult dependent relative; or under the EU Settlement Scheme if they were resident in the UK before 31 December 2020. Each route has specific requirements and timeframes.

3. How long must I live in the UK before applying for ILR as a partner?

Most family partner routes require five continuous years of residence in the UK before you can apply for ILR. During this time, you must hold valid leave under the partner route and meet the relationship, financial, accommodation, and English language requirements.

4. What if I have pre-settled status under the EU Settlement Scheme?

If you hold pre-settled status, you can usually apply for settled status after five years of continuous qualifying residence. From 16 July 2025, eligible pre-settled status holders may be automatically converted to settled status by the Home Office if they meet the residence requirements.

5. Can my non-Swiss spouse or partner join me in the UK under the EU Settlement Scheme?

If you are a Swiss citizen who started living in the UK before 31 December 2020, your non-Swiss family members may be able to apply for an EUSS Family Permit to join you, provided the relationship meets the relevant criteria. Once in the UK, they can apply for pre-settled status and, later, for settled status after five years.

6. I live in Switzerland but my child is British – can I get ILR?

Yes, if you qualify for a Parent of a Child Visa. You must show that your child is British, Irish, or has settled or pre-settled status in the UK, that you have sole or shared responsibility, and that you play an active role in their upbringing. After five continuous years on this visa, you may be eligible for ILR.

7. What are the requirements for the Adult Dependent Relative route?

You must prove you require long-term personal care due to age, illness, or disability, that such care is not available or affordable in your home country, and that your UK-based sponsor (British, settled, or with certain forms of limited leave) can provide the care you need. This is a highly restrictive and difficult category, and applications must usually be made from outside the UK.

8. Do absences from the UK affect my ILR application?

Yes. Most ILR routes limit absences to no more than 180 days in any 12-month period. For the EU Settlement Scheme, from July 2025, the threshold for pre-settled status holders will be 30 months’ absence over five years. Long residence ILR has its own absence rules, which vary depending on when the absences occurred.

9. Can I combine different visa categories to qualify for ILR?

Under the 10-year long residence route, you can combine time spent in different immigration categories—such as study, work, or family visas—towards ILR, provided your residence has been lawful and continuous.

10. What are the English language and Life in the UK test requirements?

Most ILR applicants aged 18–64 must demonstrate English at CEFR Level B1 in speaking and listening and pass the Life in the UK test, unless exempt. Some routes require you to meet these requirements at earlier stages as well.

11. Does ILR expire?

While ILR itself does not have an expiry date, it can be lost if you leave the UK for more than two continuous years (or five years for certain EU Settlement Scheme holders). You can also lose ILR if you are deported or if it is revoked for other legal reasons.

12. Should I apply for British citizenship after ILR?

Many Swiss citizens with ILR choose to apply for British citizenship after 12 months, provided they meet the residency, good character, and other nationality requirements. Dual nationality between Switzerland and the UK is permitted by both countries.

13. Can Richmond Chambers Switzerland assist with ILR applications?

Yes. We provide expert advice and full representation for Swiss citizens and their family members, whether you are already in the UK or planning your relocation from Switzerland. We ensure applications are correctly prepared, fully evidenced, and strategically presented to maximise your prospects of success.