Indefinite leave to remain if you have a business, investor or talent visa
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1. Overview
You may be able to apply for indefinite leave to remain if you have one of the following visas:
- Global Talent
- Tier 1 (Investor)
- Tier 1 (Entrepreneur)
Indefinite leave to remain is a way you can settle in the UK. It鈥檚 also called 鈥榮ettlement鈥�. Getting it means you can live, work, study or claim benefits in the UK without time restrictions. You can use it to become a British citizen.
The Global Talent visa has replaced the Tier 1 (Exceptional Talent) visa. If you have a Tier 1 (Exceptional Talent) visa, apply for indefinite leave to remain as someone with a Global Talent visa.
Eligibility
Time in the UK and financial requirements
You must:
- have lived in the UK for long enough - this can be from 2 to 5 years
- meet the financial requirements
The specific eligibility depends on your visa - check the time in the UK and financial requirements.
If you鈥檙e not eligible using one of these visas, there are other ways to apply for indefinite leave to remain.
If you鈥檝e been a partner or child (a 鈥榙ependant鈥�) on a visa
In the time you鈥檝e lived in the UK, you cannot include any time you鈥檝e spent in the UK as a partner or child (a 鈥榙ependant鈥�) on a visa.
Time on other visas
If you have a Global Talent visa, you can include any time you鈥檝e spent on the following visas to meet the requirements for time spent in the UK:
- any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)
- Tier 2 (General) or Skilled Worker
- Scale-up Worker
- Tier 2 (Minister of Religion) or T2 Minister of Religion
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- Innovator Founder
- Representative of an Overseas Business
If you have a Tier 1 (Investor) or Tier 1 (Entrepreneur) visa, you cannot include time you鈥檝e spent on other visas.
Time outside the UK
You must have spent no more than 180 days outside the UK in any 12 months.
If you think you鈥檙e affected by this rule, find out how to calculate your time in the UK (鈥榗ontinuous residence鈥�).
If you have a Global Talent visa, time you鈥檝e spent outside the UK doing work related to your job may not count towards this 180-day limit. This rule applies if you were endorsed by the Royal Society, Royal Academy of Engineering, British Academy or UK Research and Innovation. It also applies if you did not need an endorsement for your visa because you had won an eligible award in the fields of science, engineering, humanities or medicine.
Knowledge of language and life in the UK
If you鈥檙e 18 to 64 you鈥檒l need to book and pass the Life in the UK Test.
You鈥檒l also need to meet the English language requirements if you鈥檙e applying with a Global Talent visa or Tier 1 (Investor) visa.
When to apply
The earliest you can apply is 28 days before you鈥檝e met the requirements for the time you need to have lived in the UK - check the time in the UK and financial requirements. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you鈥檒l need to renew it first.
Fees and how long it takes
It costs 拢3,029 for each person applying. You can include your partner and children on the same application form, if they鈥檙e eligible.
You鈥檒l each need to have your biometric information (fingerprints and a photo) taken - there鈥檚 no fee for this.
You鈥檒l usually get a decision within 6 months if you apply using the standard service.
You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
Get a faster decision on your application
If you鈥檙e applying using your Tier 1 (Investor visa), you can pay an extra 拢500 to use the priority service to get a decision within 5 working days.
If you鈥檙e applying using your Tier 1 (Investor) or Global Talent visa, you can pay an extra 拢1,000 to use the super priority service to get a decision:
- by the end of the next working day after providing your fingerprints and photo (known as 鈥榖iometric information鈥�) if your appointment is on a weekday
- 2 working days after providing your biometric information if your appointment is at the weekend
Working days are Monday to Friday, not including bank holidays.
The priority and super priority services are not available if you鈥檙e applying with a Tier 1 (Entrepreneur) visa.
2. Time in the UK and financial requirements
You must:
- have lived in the UK for long enough - this can be from 2 to 5 years
- meet the financial requirements, if relevant
The rules depend on your type of visa.
Global Talent
The time you must have been in the UK depends on how you were endorsed.
You can apply after 3 years if you were endorsed by either:
- the British Academy, the Royal Academy of Engineering, the Royal Society or UK Research and Innovation
- Arts Council England or Tech Nation - this must be as a recognised leader (鈥榚xceptional talent鈥�)
Or if you were endorsed by Arts Council England or Tech Nation as an emerging leader (鈥榚xceptional promise鈥�), you can apply after 5 years.
If you did not need an endorsement for your visa because you had won an eligible award, you can apply after 3 years.
Tier 1 (Entrepreneur) visa
The time you must have been in the UK depends on how much you鈥檝e grown your business.
You can apply after 3 years if you鈥檝e either:
- created the equivalent of 10 new full-time jobs that existed for 12 months
- generated 拢5 million business income in 3 years
You can apply after 5 years if you鈥檝e created the equivalent of 2 new full-time jobs that existed for 12 months.
Tier 1 (Investor) visa
The rules depend on when you successfully applied for your first Tier 1 (Investor) visa.
On or after 6 November 2014
The amount of time you must have spent in the UK depends on how much cash you鈥檝e invested.
Time living in the UK | Cash |
---|---|
2 years | 拢10 million |
3 years | 拢5 million |
5 years | 拢2 million |
You must have invested those funds in share capital, loan capital or UK government bonds in active UK companies within 3 months of your 鈥榠nvestor start date鈥�.
You cannot include UK government bonds if you first successfully applied for your visa on or after 29 March 2019.
There鈥檚 more about investment criteria in the detailed Tier 1 (Investor) guidance.
Before 6 November 2014
The amount of time you must have spent in the UK depends on your level of investment.
Time living in the UK | Cash | Personal assets | Loans from a UK-regulated financial institution |
---|---|---|---|
2 years | 拢10 million | 拢20 million | 拢10 million |
3 years | 拢5 million | 拢10 million | 拢5 million |
5 years | 拢1 million | 拢2 million | 拢1 million |
You must have invested at least 75% of those funds in UK government bonds, share capital or loan capital in active UK companies within 3 months of your 鈥榠nvestor start date鈥�.
There鈥檚 more about investment criteria in the detailed Tier 1 (Investor) guidance.
3. Your family members
You can include your partner and children on your application if they鈥檙e eligible.
Your partner and children can apply separately at a later date, for example if they鈥檙e not eligible yet. They can continue to extend their visa as your tier 1 dependant, even after you get indefinite leave to remain.
Eligibility for partners
Your partner may qualify if all the following apply:
- they have permission to be in the UK as your partner (as a 鈥榙ependant鈥� on your tier 1 visa)
- they鈥檝e lived in the UK with you as your dependant for at least 5 continuous years
- your relationship is genuine
- you intend to keep living together
- you have enough income to support yourselves and your dependants
- you鈥檙e not using public funds (benefits)
Your partner can include time they鈥檝e spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).
Your partner must:
- pass the Life in the UK Test
- meet the English language requirements
Eligibility for children
You can include your child on your application if:
- they have permission to be in the UK as your child (as a 鈥榙ependant鈥� on your visa)
- they are not married or in a civil partnership
- they will live with you and be supported by you without using public funds (benefits)
- you and your child鈥檚 other parent are both currently applying to settle, or are already settled
Your child can also apply to settle in one of the following situations:
- you鈥檙e the child鈥檚 sole surviving parent
- you have sole responsibility for the child鈥檚 upbringing
- there are serious or compelling family or other considerations, for example you (if you鈥檙e settled in the UK) or your child has a serious illness
Extra documents for children over 16
You鈥檒l need to prove:
- where they live - you鈥檒l need to explain why if they do not live with you
- any rent or upkeep they pay you each month
- that you support them financially if they do not live with you
You鈥檒l need to provide 2 documents from this list to prove where they live:
- bank statement
- credit card bill
- driving licence
- NHS registration document
- a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation
The documents you provide cannot be more than a month old on the date you make your application.
If your child lives away from home, you鈥檒l need to provide:
- bank statements for you and your child covering the 3 months before the date you apply (to prove you鈥檝e supported them)
- confirmation from their university or college on headed paper and issued by an authorised official (if they鈥檙e studying)
Children 18 and over
You can only include older children in your application if they both:
- were under 18 when they got permission to be in the UK as your dependant
- still do not live an independent life - for example, they have not got married or had children
They also need to:
- pass the Life in the UK Test
- meet the English language requirements
If your child is over 18 by the time you apply and does not meet these requirements, they must .
4. How to apply
You must .
Once you鈥檝e started your application, you can save your form and complete it later.
When you apply, you鈥檒l be asked which category of indefinite leave to remain you鈥檙e applying in. If you have a Tier 1 (Exceptional Talent) visa, you should use 鈥楪lobal Talent鈥�.
You鈥檒l be told which documents you need to provide when you apply. You might need to show that, for example:
- you meet the English language requirements and have passed the Life in the UK Test
- you meet the financial requirements, including proof of where your money came from
You鈥檒l need to pay the fee as part of your application.
Get help to apply online
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You can only use this service if you鈥檙e applying in the UK.
You cannot get immigration advice through this service.
5. After you apply
You鈥檒l be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).
You鈥檒l also need to submit your supporting documents. You can:
- upload them into the online service
- have them scanned at your UKVCAS appointment
Any children aged 6 or over must provide biometric information if you鈥檙e applying for them on your form.
You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
Getting a decision
You鈥檒l usually get a decision within 6 months. If you paid to use the 鈥榮uper priority service鈥� you鈥檒l get a decision within 2 working days, or within 5 working days if you paid to use the 鈥榩riority service鈥�.
Working days are Monday to Friday, not including bank holidays.
You鈥檒l be contacted if your application is complex and will take longer, for example:
- if your supporting documents need to be verified
- if you need to attend an interview
- because of your personal circumstances, for example if you have a criminal conviction
If your application is approved
You can do the following:
- work
- run a business
- study
- use public services, such as healthcare and schools
- apply for public funds (benefits) and pensions
- apply for British citizenship, usually after a minimum of 12 months (as long as you鈥檝e lived in the UK for 5 years)
If you stay outside the UK for 2 years
You can lose your indefinite leave to remain if you stay outside the UK for 2 or more years at a time. You may need to apply before you can return to the UK.