Indefinite Leave to Remain (ILR) in the UK represents a pivotal milestone for migrants seeking long-term residency. However, one of the most misunderstood aspects of the ILR process is how to switch between visa categories. Especially from the Skilled Worker route to another immigration route, impacts the qualifying period.
This article unpacks the complexities surrounding visa transitions and how they interact with ILR eligibility.
1. Understanding the ILR Qualifying Period
For most work-related immigration categories in the UK, including the Skilled Worker (SW) route, a migrant must complete five continuous years of lawful residence before becoming eligible to apply for ILR. This period is known as the qualifying residence period.
To qualify, applicants must:
- Be continuously and lawfully resident in the UK.
- Not exceed allowable absences.
- Be on an eligible visa route for ILR.
2. Does Switching Routes Affect the Clock?
The short answer: It depends on the category you're switching from and to.
Switching visa categories can reset, pause, or have no impact on your ILR qualifying period, depending on the combination of routes. Let's break it down:
A. Switching Between Continuous ILR Routes
If you move from one ILR-eligible route to another, the qualifying period can continue, provided:
- Both routes count toward ILR (e.g., switching from Tier 2 General to Skilled Worker, or from Skilled Worker to Global Talent).
Example: Moving from Tier 2 (General) to the Skilled Worker route (its successor) does not reset your ILR clock.
B. Switching from an 5 year route to a Non-Eligible Route or a non-continuous route
If you move to a route that does not lead to ILR, your previous time is effectively lost for ILR purposes. Alternatively, if you switch between routes this can mean that the five-year clock resets, and that's what I mean by a non-continuous route, it ends the continuous period.
Example: Switching from Skilled Worker to Student (Tier 4/Student Route) will break your ILR qualifying period. If you later return to the Skilled Worker route, the five-year requirement starts anew.
C. Switching to Routes With Accelerated ILR
Some routes (like Global Talent or Innovator Founder) offer accelerated ILR after three years. In these cases:
- You may qualify sooner.
- However, only time spent in those routes will count.
- Time under Skilled Worker cannot usually be combined for accelerated ILR (though for standard 5-year ILR, combining may be possible in certain cases).
Example: A person switching from Skilled Worker to Global Talent may be able to apply for ILR after a shorter period in Global Talent, but must meet all Global Talent ILR requirements.
3. When the Clock Resets: Practical Scenarios
| Transition Type | ILR Clock Status | Notes |
| SW to Student | Resets | Student visa is not 5 year ILR-qualifying |
| SW to Dependant | Resets | Clock resets |
| Tier 2 to SW | Continues | Successor route, no reset |
| SW to Spouse (Partner of British Citizen) | Resets | Separate 5-year route under family migration |
4. Important Conditions for ILR Eligibility
Regardless of visa transitions, applicants must meet the general ILR criteria, which include:
- Proof of continuous residence.
- Compliance with visa conditions.
- Sufficient English language skills.
- Knowledge of Life in the UK.
- Salary threshold (for work routes like SW).
5. What About Breaks in Residence?
A break in residence (e.g., switching to a visa with a lengthy gap or leaving the UK) can affect ILR eligibility, especially if:
- You exceed 180 days outside the UK in any rolling 12-month period.
- Your new route has residence restrictions that disqualify earlier time spent.
It is possible to look into 10 year ILR for other routes, but the rules are very different, but it is possible to include different visa categories under this route.
Conclusion: Visa Switching and ILR Planning
Switching visa categories does not always reset the ILR clock but strategic planning is essential. Understanding which categories are ILR-qualifying and how they interact is key to ensuring a smooth path to settlement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
