Obtaining Indefinite Leave to Remain (ILR) in the UK allows individuals to live, work, and study in the UK indefinitely without the need for visa renewals. While a Student Visa itself does not directly lead to ILR, students can pursue various pathways to achieve ILR after completing their studies. Here’s a complete guide on how to move from a Student Visa to ILR, including eligibility requirements, pathways, and steps to settle permanently in the UK.
1. Can You Get ILR on a Student Visa?
A Student Visa (formerly Tier 4) does not directly qualify holders for ILR. However, after completing studies, students may switch to a different visa category that leads to ILR, such as the Skilled Worker Visa or Innovator Visa. By gaining qualifying work experience or starting a business, former students can fulfill the residency requirements for ILR over time.
Summary:
- Student Visa Duration: Usually 1-4 years, depending on the program.
- ILR Requirement: Most visa types require 5 years of continuous residence to qualify for ILR, which is not possible on a Student Visa alone.
- Pathways: Graduate Visa, Skilled Worker Visa, Innovator Visa, among others.
2. Pathways to ILR After a Student Visa
After completing studies, students can explore several visa options that eventually lead to ILR:
1. Graduate Visa (Post-Study Work Visa)
- Allows students who have completed a recognized UK degree to stay and work in the UK for 2 years (3 years for doctoral graduates).
- Provides time to secure a job that qualifies for a Skilled Worker Visa, which can then lead to ILR.
- ILR Pathway: Transition from Graduate Visa to Skilled Worker Visa for five years of qualifying residence.
2. Skilled Worker Visa
- Former students can apply for a Skilled Worker Visa if they have a job offer from a licensed UK employer meeting the salary and skill requirements.
- This visa is valid for up to 5 years and allows holders to apply for ILR after 5 years of continuous residence.
- ILR Pathway: Hold a Skilled Worker Visa for 5 years while meeting the salary threshold and other criteria.
3. Innovator Visa
- For graduates with an innovative business idea endorsed by an approved body.
- The visa is valid for 3 years and allows for direct application to ILR after 3 years if certain conditions are met, such as creating jobs or achieving financial milestones.
- ILR Pathway: Fulfill the Innovator Visa requirements for 3 years.
4. Family Visa (Spouse or Partner Visa)
- For students who marry or enter into a civil partnership with a British citizen or someone with ILR.
- Allows for residency with a partner in the UK, and leads to ILR after 5 years on a Family Visa.
- ILR Pathway: Switch to a Family Visa and meet residency requirements.
These pathways allow students to transition to a visa that leads to ILR, eventually gaining the right to settle in the UK permanently.
3. ILR Eligibility Requirements After Switching from a Student Visa
Each visa category has unique ILR eligibility criteria, but the general requirements for ILR remain consistent:
- Continuous Residence: Must have lived in the UK for 5 years on a qualifying visa, such as a Skilled Worker or Family Visa.
- Absence Limits: Cannot be outside the UK for more than 180 days in any 12-month period during the qualifying period.
- Knowledge of English: Proof of English language proficiency, typically through a recognized test (if not already provided).
- Life in the UK Test: Applicants must pass the Life in the UK Test, a requirement for all ILR applicants.
- Good Character Requirement: Applicants must have a clean criminal record and no history of violating immigration laws.
It’s essential for former students to plan their visa pathway to meet these ILR requirements over time.
4. Step-by-Step Process to Apply for ILR After Student Visa
To successfully transition from a Student Visa to ILR, follow these steps:
Step 1: Complete Studies in the UK
- Obtain a recognized degree from a UK university, which provides eligibility for a Graduate Visa.
Step 2: Switch to a Visa That Leads to ILR
- Apply for a Graduate Visa, Skilled Worker Visa, Innovator Visa, or another qualifying visa that provides a pathway to ILR.
Step 3: Fulfill the Residency Requirement
- Maintain 5 years of continuous residence on a qualifying visa (or 3 years if on an Innovator Visa).
- Avoid extended absences from the UK to meet the 180-day rule.
Step 4: Prepare for ILR Requirements
- Pass the Life in the UK Test and provide proof of English proficiency if required.
- Gather evidence of residency, employment, and other supporting documents.
Step 5: Submit ILR Application
- Apply for ILR through the UK Visas and Immigration (UKVI) portal, submitting all required documents and fees.
- Await a decision, typically within 6 months of application.
5. Costs Associated with ILR
The costs for ILR are significant, so it’s important to budget for fees associated with the application process:
- ILR Application Fee: £2,404.
- Life in the UK Test: £50.
- English Language Test (if required): Approximately £150.
Applicants using priority processing may incur additional fees, depending on their needs.
6. Benefits of ILR for Former Students
Achieving ILR provides numerous benefits, making it a valuable goal for former international students:
- No Visa Renewal: ILR holders can stay indefinitely without needing to renew a visa.
- Freedom to Work and Study: ILR grants unrestricted access to the UK job market and educational opportunities.
- Access to Public Funds: Unlike most temporary visa holders, ILR holders can access certain public benefits.
- Pathway to British Citizenship: After holding ILR for 12 months, individuals can apply for British citizenship, securing full rights as a UK citizen.
These advantages make ILR a significant milestone for former students looking to establish a long-term life in the UK.
7. Frequently Asked Questions (FAQs)
1. Can I apply for ILR directly from a Student Visa?
No, a Student Visa does not lead directly to ILR. You must switch to a qualifying visa such as a Skilled Worker Visa or Innovator Visa to work toward ILR.
2. How long does it take to get ILR after a Student Visa?
It typically takes 5 years on a qualifying visa (e.g., Skilled Worker Visa) to be eligible for ILR, though some pathways, like the Innovator Visa, allow ILR after 3 years.
3. Do I need a job offer for ILR after studying in the UK?
Yes, you generally need a job offer to switch to a Skilled Worker Visa. The Graduate Visa provides time to find a qualifying job.
4. Can I work on a Graduate Visa while planning for ILR?
Yes, the Graduate Visa allows you to work for any employer and build UK experience, which can help when applying for a Skilled Worker Visa.
5. Do I need to pass an English test again for ILR if I studied in the UK?
If your degree was taught in English, this typically satisfies the English requirement for ILR. However, you must pass the Life in the UK Test.
6. What if I exceed the 180-day absence limit?
Exceeding the absence limit may affect ILR eligibility. It’s essential to plan travel carefully during the qualifying period.