Routes to ILR and Settlement in the UK for Swiss Nationals

For Swiss nationals and other residents of Switzerland who are considering making the UK their long-term home, understanding the various UK visa options that lead to settlement is crucial. This post will explore which UK visas offer a pathway to Indefinite Leave to Remain (ILR), how long you need to stay in the UK on each visa before you can qualify for settlement, and whether time spent on different visas can be combined for ILR eligibility. Please note, this post focuses on the rules for main applicants, not dependants, and does not cover settled status under the EU Settlement Scheme.

What is Settlement?

In the UK, "settlement" or Indefinite Leave to Remain (ILR) is an immigration status that allows the holder to live and work in the UK without needing to apply for a visa extension. After obtaining ILR, you do not need to worry about renewing your visa, providing you continue to meet the requirements. However, it’s important to note that ILR can lapse if you leave the UK for extended periods—specifically, more than two years (or five years if you have settled status under the EU Settlement Scheme). If this happens, you may need to apply as a returning resident.

How Long Do You Need to Stay in the UK to Qualify for ILR?

The time you need to remain in the UK before qualifying for ILR depends on the type of visa you hold. Generally, there are two routes: a long residence route requiring 10 years of continuous lawful residence, and a faster route through specific visas that provide quicker access to settlement.

Settlement Based on 10 Years’ Continuous Lawful Residence

If you have lived in the UK lawfully for at least 10 years, you may qualify for ILR under the "Long Residence" route. This route has specific requirements, including passing an English language test and the Life in the UK test. Recent changes have made the definition of "continuous" residence stricter, so it’s essential to ensure your time in the UK meets these standards.

UK Visas Offering Routes to Settlement

If you are a Swiss citizen living in the UK on specific types of visas, you may be able to apply for ILR sooner than after 10 years. These visas provide a "route to settlement." The length of time you need to spend in the UK before applying for ILR depends on the visa type.

Here’s a breakdown of the most common UK visas that lead to settlement, as well as guidelines for combining time spent on multiple visas:

Partner Visas (5-Year Route)

If you hold a spouse, civil partner, or unmarried partner visa, you can apply for ILR after five years of continuous residence in the UK. It’s important to note that time spent on other types of visas (like a fiancé visa) does not count towards the five years. You cannot combine this with time spent on any other visa.

Skilled Worker Visa (5-Year Route)

A Skilled Worker visa allows you to apply for settlement after five years of continuous residence in the UK. This visa can be combined with time spent on other routes such as the Global Talent visa, Innovator Founder visa, or the International Sportsperson visa. Time spent on other qualifying routes can count towards your settlement period, helping to accelerate your eligibility.

Global Talent Visa (3-5 Year Route)

The Global Talent visa offers a faster route to settlement. If you are endorsed by a prestigious body such as the Royal Society or Arts Council England, you may be eligible to apply for ILR after three years. If endorsed under the "exceptional promise" criteria, you will need to stay for five years.

Innovator Founder Visa (3-Year Route)

The Innovator Founder visa allows for settlement after three years of continuous residence in the UK. Time spent on other visas cannot be combined to meet the three-year requirement, but you can use time spent on this visa to meet the five-year requirement for other qualifying work visas.

UK Ancestry Visa (5-Year Route)

If you are a Commonwealth citizen with a UK-born grandparent, the UK Ancestry visa allows you to apply for settlement after five years of continuous residence in the UK.

Routes for Family Members

Several routes also allow family members to join relatives in the UK and eventually apply for settlement. These include:

• Parent of a Child Visa: Apply for settlement after five years on this visa, though time spent on other visas cannot be combined.

• Adult Dependent Relative Visa: Adult dependent relatives may be granted settlement immediately, or after ten years depending on their sponsor’s immigration status.

Additional Visas and Routes

Other UK visa routes that can lead to settlement include the Scale-up visa, Minister of Religion visa, and Sole Representative of an Overseas Business visa. Each of these routes has specific eligibility requirements and timeframes. Additionally, if you have spent time on certain work-related visas, such as the Intra-Company Transfer or Youth Mobility visa, this time may be counted towards your ILR under the Long Residence route.

Seeking Legal Advice for Your ILR Application

As with all immigration matters, we highly recommend seeking legal advice before applying for ILR. The process involves meeting several strict requirements, and even small mistakes can delay or jeopardise your application. For Swiss nationals, understanding the nuances of UK immigration law is essential for ensuring that your application is processed smoothly.

At Richmond Chambers, our British visa specialists can assist with UK visa applications, settlement applications, and appeals. Whether you’re already in the UK on a qualifying visa or planning your future application, we can provide expert advice tailored to your individual circumstances.

For assistance with your UK immigration matters, call us at +41 21 588 07 70 or complete our online enquiry form.