In this post, we provide an overview of the other UK immigration routes to indefinite leave to remain (ILR) not covered in our Quickest Ways to Get ILR in the UK blog. This post will consider the 5 and 10 year routes to settlement. The 20 year route to ILR has recently been explained here.

1. Overview of 5 Year Work and Business Routes to Settlement in the UK

Global Talent Route

This ILR route has been covered in our blog Global Talent Visa: Settlement and ILR in the UK. In short, those endorsed under the exceptional promise criteria by Arts Council England or Tech Nation can settle in the UK after a period of 5 years if they meet the settlement requirements.

2. Employment Based Routes to Settlement in the UK

Skilled Worker Route

This route to settlement is for those individuals who have been employed in an eligible skilled occupation by a Home Office approved skilled worker sponsor. Certain employers with a licence from the Home Office have permission to recruit individuals from outside the UK to come and work in specific skilled occupations. You can also be recruited when in the UK in specified immigration routes. Skilled workers are required to meet requirements that include showing that they have a certificate of sponsorship from their licensed employer, they will be occupying a genuine vacancy and they will be paid a salary that meets the requirement for their role. This route replaced the Tier 2 General route, therefore those with leave or who had leave as a Tier 2 General migrant will be able to settle using the skilled worker route.

International Sportsperson Route

Elite sportspeople and qualified coaches recognised as internationally established in their sport have the opportunity to settle permanently in the UK depending on how long they have spent in the International Sportsperson category. This category allows individuals to be granted periods of leave of varying lengths, 12 months or less or more than 12 months, therefore, only those who have, at any point during the five year continuous residence period, been granted leave as an International Sportsperson for a period exceeding 12 months will be eligible for settlement after five years in the UK. This is particularly important to remember for those who have spent time in the UK in different categories and would like to use all of that time to meet the five year requirements. This is explained further in the section on combining periods of leave to meet the ILR requirements below.

Some of the requirements to enter the UK on this route include demonstrating that you have a valid job offer from an approved international sportsperson sponsor and you have an endorsement from your sport’s UK Governing Body. This body will need to confirm that you are internationally established at the highest level and you will make a significant contribution to your sport’s development at the highest level in the UK. Supplementary and voluntary work can be undertaken whilst on this route.

Minister of Religion Route

Individuals with a key leading role within their faith-based organisation or religious order are able to come and settle in the UK via the Minister of Religion route. Indefinite leave to remain status can be obtained once having spent a continuous five year period in the UK and time spent in this route can be combined with other routes listed in the combination of routes section below. Entrance into this category requires individuals to meet requirements such as obtaining a job offer from a licensed Tier 2 Minister of Religion sponsor and having a valid certificate of sponsorship; meeting the financial requirements and showing competency in the English language at level B2 on the Common European Framework of Reference CEFR for Language.

Scale-up Route

This route to settlement is for talented individuals possessing the skills necessary to help a Scale Up business continue growing. To be in this category, one requires a highly skilled job offer from a qualifying UK Scale-up Sponsor. The list of eligible jobs can be found on the Home Office website. You will require a valid Certificate of Sponsorship issued by the business and you will also need to meet the salary and English language requirements. Individuals can ultimately be in this route unsponsored, however an unsponsored Scale-up application is generally available where the applicant has been employed as a Scale-up Worker by a sponsor for at least 6 months in a previous permission on the Scale-up route and has, or last had, specified permission as a Scale-up Worker. Settlement in this route requires one to meet further salary requirements, including demonstrating that on the date of application they are in UK employment with salary paid through PAYE at the applicable annual level, and that during at least 24 months in the three years immediately before the application they had monthly UK PAYE earnings equivalent to at least £39,100 or the following, depending on when their Certificate of Sponsorship for their most recent Scale-up permission was assigned: £36,300, £34,600 or £33,000 per year. It is, therefore, important to think in advance about settlement in this route in order to ensure that one has the required evidence.

Overseas Domestic Worker and Legacy Domestic Workers in a Private Household

Domestic Workers in a private household who first entered the UK under the Rules in place before 6 April 2012 and have held continuous permission to stay as Domestic Workers in a Private Household since entering on that route are eligible to apply for settlement under this route. Individuals who have been in the UK since that time and who have extended their stay in this route would have been eligible to apply for settlement after a continuous period of 5 lawful years in the UK. Applicants would need to show that they entered with valid entry clearance as a Domestic Worker in a Private Household using the rules which applied before 6 April 2012, they have not worked in the UK apart from as a Domestic Worker in a Private Household and they will continue to be required to work by their employer. Those who have been in this route since 2012 and have extended their stay every 12 months might now be eligible for ILR under the 10 year route to settlement Long Residence ILR, subject to Appendix Long Residence requirements, including the rules on which periods of permission count and the continuous residence requirement, which is discussed below.

3. Business Based Routes to Settlement in the UK

Representative of an Overseas Business

This route to settlement was for senior employees of overseas businesses who were assigned to the UK in order to establish a wholly-owned subsidiary or branch. A person applying as a Representative of an Overseas Business must now either be a Media Representative or be applying for an extension or settlement as a Sole Representative. Sole Representatives can no longer apply for an initial period of permission in this route, and those interested in representing an overseas business as it plans to set up its first UK branch can apply for the UK Expansion Worker visa (Global Business Mobility) which is not a route to settlement. Individuals already in the UK as Sole Representatives are able to obtain ILR status under this route. The requirements they will need to meet include demonstrating that the overseas business has continued to be active and trading with its principal headquarters and place of business remaining outside of the UK; the Sole Representative has been working full time for the business and has not been engaged in any other businesses; and they also do not have a majority stake in or otherwise own or control a majority of the overseas business they represent. For those making ILR applications, it is important to note that the Home Office is taking an increasingly stringent approach to such applications, with many being refused on the basis of applicants not being able to provide “evidence of business that has been generated, principally with firms in the UK”. If you are making your ILR application, you may wish to speak with an immigration lawyer for expert advice. 

Representative of a Media Organisation

Indefinite leave to remain status can be obtained under the Media Representative route by those employed by an overseas media organisation and who have been posted on a long-term assignment to the UK. The organisation needs to be a newspaper, news agency or broadcasting organisation that is active and trading outside the UK with its headquarters and principal place of business also outside the UK. The organisation, unlike in the Sole Representative route, can have more than one representative in the UK. Individuals would need to satisfy the Home Office that they are genuinely representing the media organisation and were employed by the organisation whilst outside the UK. One is restricted to working for the media organisation they represent once on this route to settlement. An initial grant of leave is for three years, and once having spent five years in this category, one can obtain ILR status by meeting the necessary requirements. These include demonstrating that you have spent the five year continuous period as an employee of the overseas organisation undertaking a long term assignment and that you have been engaged in the employment for which your last period of permission was granted.

ECAA Turkish Worker or Business Person Visa

This route to indefinite leave to remain status was for Turkish nationals over the age of 18, who either started a new business in the UK or came to the UK to help run an established one. Although Appendix ECAA Extension of Stay is transitional and generally requires the applicant to have been granted, or to have applied successfully for, ECAA leave by 31 December 2020, settlement on the ECAA Turkish Worker or Business Person route can be obtained by those who had entry clearance or permission to stay in this route and who meet the ILR requirements. Requirements include continuing to run and intending to continue running the business/es being relied on to be viewed as a Turkish business person , satisfying the requirement that the business or businesses are genuine and viable; demonstrating you have supported family members and yourself without recourse to public funds and meeting the English language and Life in the UK requirements.

4. Switching into Work and Business Routes to Settlement in the UK

You can switch into the following routes from inside the UK where the relevant Rules permit switching and the applicant is not in the UK on immigration bail, and the applicant does not have, or was not last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or outside the Immigration Rules. This is also subject to route-specific exceptions such as the International Sportsperson visitor exception (for Visitors who have been in the UK undertaking certain permitted activities for example):

• Global Talent;
• Skilled Worker;
• Representative of an Overseas Business as a Media Representative and Scale-up;
• T2 Minister of Religion;
• International Sportsperson. 

Please note, if you are switching from Student permission into a sponsored work route such as Skilled Worker, Scale-up, T2 Minister of Religion or International Sportsperson, the Rules generally require the applicant to have completed the course of study for which the Confirmation of Acceptance for Studies was assigned, or to be studying a full-time course at degree level or above with a higher education provider with a track record of compliance and for the Certificate of Sponsorship start date to be no earlier than the course completion date. For PhD students, the Certificate of Sponsorship start date must generally be no earlier than 24 months after the start date of the PhD course.

Applicants will also need to ensure that they apply to switch routes before their current visa expires.

5. Combining Work and Business Routes to Reach 5 Years’ Continuous Residence for ILR

The following list shows which work and business routes can be combined to demonstrate 5 years’ continuous residence in the UK for the purpose of an indefinite leave to remain application:

• Global Talent: Global Talent; Innovator Founder; Skilled Worker/T2 General; T2 Minister of Religion; International Sportsperson; Tier 1 Migrant other than Tier 1 Graduate Entrepreneur; Scale-up; or Representative of an Overseas Business.
• Skilled Worker or International Sportsperson: Skilled Worker; Global Talent; Innovator Founder; T2 Minister of Religion; International Sportsperson; Representative of an Overseas Business; Tier 1 Migrant other than T1 Graduate Entrepreneur; Scale-up; or Permission spent on any other route during the time you were waiting for a decision on your application in the Skilled Worker or International Sportsperson route as long as your application was for permission to stay, was made between 24 January 2020 and 30 June 2021 inclusive, supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor and was granted.
• T2 Minister of Religion: T2 Minister of Religion; International Sportsperson; Skilled Worker; Tier 1 Migrant other than Tier 1 Graduate Entrepreneur Migrant; Representative of an Overseas Business; Innovator Founder; Global Talent; or Scale-up.
• Scale-up: Scale-up; Skilled Worker; Global Talent; Innovator; T2 Minister of Religion; International Sportsperson; Representative of an Overseas Business; or Tier 1 Migrant other than Tier 1 Graduate Entrepreneur.
• ECAA Turkish Worker visa: ECAA worker; Tier 2 General Migrant; Tier 2 Minister of Religion Migrant; Tier 2 Sportsperson Migrant; or work permit holder.
• ECAA Turkish Business Person visa: Turkish Business Person; or Tier 1 Entrepreneur Migrant.

Certain routes will not allow for a combination of time spent on other routes to meet the settlement residency requirements to be met, as such individuals will need to ensure they spent the entire ILR qualifying period in that route. The routes are:

• T1 Entrepreneur;
• T1 Investor;
• Innovator or Innovator Founder, as applicable; or
• Representative of an Overseas Business, whether as a Sole Representative or Media Representative.

Individuals will need to ensure that they spend the entire qualifying period in the routes identified directly above to ensure that they meet the residency requirements.

6. Dependants Under Work and Business Routes to Settlement

Dependent partners spouses, civil partners, or unmarried partners in a durable relationship of at least two years and dependent children of main applicants in the routes covered above, where dependants are permitted under the relevant route, will be able to settle in the UK provided that they meet the settlement criteria. These include demonstrating one’s relationship with the main applicant, where applicable, meeting the knowledge of life in the UK and English language requirements. A child may be aged 18 or over at the date of application where they were last granted permission as a dependent child (and other requirements are met). Where children are applying, the child’s other parent who is not the main applicant, must be being granted settlement at the same time, be settled or a British citizen or must be the child’s sole surviving parent, or have sole responsibility for the child’s upbringing or demonstrate to the Home Office that there are serious and compelling reasons to grant them settlement without the other parent. This requirement also importantly applies at the entry clearance and permission to stay stage, with some differences of course. 

Partners will be required to spend five continuous years in the relevant category that their partner is in. This means, for example that although the main applicant as an Innovator Founder can acquire indefinite leave to remain status after 3 years, their partner can only acquire it after 5 years as their dependant in the category.

Where there has been a combination of periods, where visas allow for this, and the partner has been in the UK with the main applicant, they will generally be required to have spent time in the UK in those same categories to qualify for settlement as a dependent partner by meeting the continuous residence period requirement. Where a partner is applying for settlement as the partner of an individual on the T1 Entrepreneur or T1 Investor visa, they will be required to have spent the most recent part of the 5 year period with leave within the same category as their partner.

The rules no longer allow for dependants of Overseas Domestic Workers to join them in the UK under the current Overseas Domestic Worker route, however dependants are permitted on the legacy Domestic Worker in a Private Household route for those who applied under the pre-6 April 2012 arrangements, therefore are likely to be eligible for settlement at the same time as applicants after 5 years or using the 10 year long residence route where the Long Residence requirements are met. It is important to note that children over the age of 18 who are applying for settlement under this route will be required to apply on a separate form from the main applicant.

Where children have applied with both of their parents, they will only qualify for settlement where both parents qualify for settlement, therefore they will generally qualify for settlement after 5 years of continuous residence in the UK. For example, with the Innovator Founder route, a child will only be able to apply for indefinite leave to remain after 5 years where both parents are applying, despite the main applicant being eligible for settlement after 3 years in the category. Where one parent is deceased or one parent is solely responsible for the child, the child can apply for and acquire settlement status at the same time as their sole parent.

This article has provided a brief overview of some of the ways to obtain Indefinite Leave to Remain status in the UK, focusing on the five year routes in the business and employment categories. It has also provided an overview of which categories can be mixed together by reference to those discussed in the blog posts published so far in this series to meet the continuous residence requirement for settlement status and has discussed the ability for dependants to join main applicants in the UK on such routes.

7. Contact our Immigration Barristers

For expert advice and assistance in relation to ILR requirements, work and business routes to settlement, and immigration applications, contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.

8. Frequently Asked Questions: 5 Year Work and Business Routes to Settlement ILR

What are 5 year work and business routes to settlement in the UK?

They are UK immigration routes that may allow a person to apply for indefinite leave to remain after a continuous five year period in the UK, provided the relevant route-specific settlement requirements are met.

Can Skilled Workers apply for ILR after 5 years?

Skilled Workers may be able to apply for settlement after five years if they have been employed in an eligible skilled occupation by a Home Office approved sponsor and meet the relevant settlement requirements.

Can time spent in different work routes be combined for ILR?

In some routes, time spent in specified other work and business routes can be combined to meet the five year continuous residence requirement. The permitted combinations depend on the route relied on for settlement.

Does the Scale-up route lead to settlement?

The Scale-up route can lead to settlement, but applicants must meet further requirements, including the relevant PAYE earnings and employment requirements described above.

Can International Sportspersons apply for settlement after 5 years?

International Sportspersons may be eligible for settlement after five years where, at any point during the five year continuous residence period, they have been granted leave as an International Sportsperson for a period exceeding 12 months and meet the other requirements.

Can dependants apply for settlement under work and business routes?

Dependent partners and dependent children may be able to settle where dependants are permitted under the relevant route and they meet the applicable settlement criteria, including relationship and, where applicable, English language and Life in the UK requirements.

Can a Representative of an Overseas Business still apply for settlement?

Individuals already in the UK as Sole Representatives, and those applying as Media Representatives where eligible, may be able to obtain ILR if they meet the relevant requirements. Sole Representatives can no longer apply for an initial period of permission in this route.

Do all work and business routes allow time in other categories to count towards ILR?

No. Some routes require the applicant to spend the whole qualifying period in that route, so applicants should check whether combining time in other categories is permitted before applying for settlement.