1. Does a UK Student Visa Count Towards ILR?
No, time spent on a Student Visa (formerly known as the Tier 4 visa) in the UK does not count toward the qualifying period required for Indefinite Leave to Remain (ILR). The UK’s immigration rules stipulate that only specific visa categories contribute to the time requirement for ILR, typically those focused on work, family, or residency.
2. Why Doesn’t the Student Visa Count Toward ILR?
The UK Student Visa is categorized as a temporary visa with the primary purpose of allowing non-UK nationals to study in the UK for a fixed period. Since it is intended for temporary residence rather than long-term or permanent settlement, it doesn’t contribute to the ILR residency requirement.
3. What Visas Count Toward ILR in the UK?
For time to count toward ILR, applicants typically need to be on a qualifying visa, such as:
- Skilled Worker Visa (formerly Tier 2): After 5 years on this visa, you can apply for ILR.
- Spouse or Partner Visa: Eligible for ILR after 5 years of continuous residence with a British citizen or settled partner.
- Innovator or Investor Visa: Eligible for ILR after 3 or 5 years, depending on business activity and investment.
- Ancestry Visa: Commonwealth citizens with UK ancestry can apply for ILR after 5 years.
- Global Talent Visa: Eligible for ILR after 3 or 5 years based on achievements in specific fields.
These visas indicate long-term intentions in the UK, contributing to ILR’s residency requirements.
4. Pathways for Students to Achieve ILR in the UK
Although the Student Visa itself does not count toward ILR, students have options to transition to ILR-qualifying visas:
- Switch to a Skilled Worker Visa: After completing studies, students can secure employment with a UK employer holding a Sponsor Licence. This visa allows them to work in the UK and accumulate time toward ILR.
- Graduate Visa (Post-Study Work): The Graduate Visa grants an additional 2 years (or 3 years for PhD graduates) of post-study work rights. However, time on the Graduate Visa also does not count toward ILR; it can lead to securing a Skilled Worker Visa, which does count.
- Family Route: Students married to or in a partnership with a British citizen or someone with ILR may be eligible for a Family Visa, which does count toward ILR.
5. How Long Do You Need to Stay in the UK for ILR?
To qualify for ILR, most visa categories require 5 years of continuous residence in the UK on an ILR-qualifying visa. Some visas, like the Innovator or Global Talent visas, can lead to ILR in 3 years based on exceptional achievements or contributions.
6. Time Limits and Absences Allowed for ILR
For ILR eligibility, applicants must meet continuous residence requirements, which include:
- Absence Limit: Absences must not exceed 180 days in any 12-month period.
- Continuous Employment: For work visas, applicants should remain with their sponsoring employer or in a qualifying position.
These residency rules apply to qualifying visa holders, emphasizing long-term, stable residence.
7. Frequently Asked Questions (FAQs)
Q1: Can time on a Student Visa count toward ILR if I later switch to a Skilled Worker Visa?
A: No, only time on an ILR-qualifying visa counts, so the clock for ILR begins when you switch to a qualifying visa like the Skilled Worker Visa.
Q2: Can I apply for ILR after completing 10 years on a Student Visa?
A: Yes, under the Long Residence Rule, anyone who has resided legally in the UK for 10 continuous years on any combination of visas (including a Student Visa) can apply for ILR.
Q3: Does the Graduate Visa count toward ILR?
A: No, the Graduate Visa does not count toward ILR, but it can help students find employment in the UK, potentially leading to a Skilled Worker Visa.
Q4: Can I switch from a Student Visa to a Skilled Worker Visa before graduation?
A: Generally, you must complete your course before switching to a Skilled Worker Visa, though some exceptions apply for PhD students nearing the end of their studies.
Q5: How does the Long Residence Rule work for students?
A: The Long Residence Rule allows anyone who has legally lived in the UK for 10 continuous years, including on a Student Visa, to apply for ILR. This rule is ideal for students with extended UK residence.