Many people would like to know the easiest way to get settle in the UK. The route to acquiring UK settlement status can be demanding and take overseas nationals more than five years to reach. Once it is acquired, there is no limit on the amount of time the holder can spend in the UK and no conditions attached in terms of their ability to take employment.
Accelerated settlement routes
Tier 1 Investor
If you want to invest at least £2,000,000, that’s £2 million, in the UK, the Tier 1 Investor is the visa for you. There are a number of other eligibility requirements that one has to meet before an application is approved.
On April 6, 2011, the Government announced new rules which provide the ability to achieve Indefinite Leave to Remain in the UK (ILR), which is a permanent residence, through an accelerated route.
Settle in the UK after 2 Years
The new requirement is an increased investment. An investment of GBP 10 million or more will provide for settlement after two years.
Settle in the UK after 3 Years
An investment of GBP 5 million or more will provide for settlement after three years, instead of the usual five years. It is important to know that only the main applicant will have his/her route to permanent residence fast-tracked through a higher level of investment; their dependents (spouse and children) can only apply for permanent residency after living for 5 years in the UK.
There are several options for settlement after three years. This includes:
- Accelerated settlement for an Investor
- Accelerated settlement for an Entrepreneur
- Endorsement in the Exceptional Talent category
An investor who wishes to settle after three years will need to invest and maintain the investment of £5 million in the UK.
An Entrepreneur wishing to settle after three years would need to show that their investment and experience has created at least 10 jobs in the UK for the settled population, or alternatively show that there has been a turnover in their business of £5 million. This is a net increase in jobs or turnover for those who have joined existing companies.
Settle in the UK after 5 Years
The categories that have a five-year route to the settlement include:
- Tier 1 Investor
- Tier 1 Entrepreneur
- Tier 2 General
- Spouse Visa
- Parent of a British Child
- UK Ancestry Visa
Tier 2 General Settlement
If you are either a Tier 2 (General) or Tier 2 (Sportsperson) migrant, you must be earning at least the appropriate rate for the job, as stated in the Codes of Practice in Appendix J or a gross annual salary of at least the minimum earnings threshold, whichever is the higher.
The minimum earnings thresholds are:
- £35,000, if you apply for settlement before 6 April 2018
- £35,500, if you apply for settlement on or after 6 April 2018
- £35,800, if you apply for settlement on or after 6 April 2019
- £36,200, if you apply for settlement on or after 6 April 2020
- £36,900, if you apply for settlement on or after 6 April 2021
- £37,900, if you apply for settlement on or after 6 April 2022
Unlike Tier 1 Entrepreneur and Investor, the Tier 2 General category allows applicants to rely on time spent in other categories to make up their five-year period. The categories that can be relied upon include:
- Tier 1 Entrepreneur
- Tier 1 Investor
- Tier 1 Exceptional Talent
- A representative of an Overseas Business
This means, for example, that an Entrepreneur who switches into Tier 2 does not start their five-year period again, however someone switching the other way from Tier 2 to Entrepreneur does, unless they then switch back into the Tier 2 General category before applying for Indefinite Leave to Remain.
5 Years route on a British partner, parent or private life
The 5-year route as a partner or parent is for those who meet all the suitability and eligibility requirements of the Immigration Rules at every stage.
Where an applicant for leave to remain under the 5-year partner or parent route fails to meet certain of the eligibility requirements, their application under that route will be refused and considered under the 10-year partner, parent or private life routes. Guidance on considering an application for leave to remain made under the 5-year partner or parent route can be found here: Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes.
A person who is in the UK and wishes to remain here with their partner who is a British citizen or a settled person, or who wishes to remain in the UK as the child of a person with limited leave to remain as a partner under Appendix FM, may apply for the 5-year route using the online family application form, or paper form FLR(M).
A person who is in the UK and wishes to remain here on the parent route, or who wishes to remain in the UK as the child of a person with limited leave to remain as a parent under Appendix FM, may apply for the 5-year route using the online family application form or paper form FLR(FP).
10 years route on n British partner
In respect of applications for leave to remain as a partner or parent, to those who meet all the suitability requirements, but only certain of the eligibility requirements as a partner or parent where paragraph EX.1. of Appendix FM applies and is met. Types of relationships accepted by the Home Office
- You are married or a civil partner.
- You are living together in a relationship for 2 years
- Engaged to be married or to become civil partners.
An applicant granted leave to remain under the 10-year partner, parent or private life routes may be able to qualify for settlement (indefinite leave to remain) after they have completed a continuous period of 10 years (120 months) in the UK with leave under that route.
UK Ancestry visa
If you are a Commonwealth citizen and have a grandparent who was born in the UK, you may be able to live and work in the UK on the basis of your UK Ancestry.
In order to qualify for a UK Ancestry visa, you will need to satisfy UK Visas and Immigration that:
- You are a Commonwealth citizen;
- You are aged 17 or over;
- You are able to provide proof that one of your grandparents was born in the United Kingdom, the Channel Islands, the Isle of Man, on a British-registered ship or aircraft or in the Republic of Ireland before 31 March 1922;
- Any such grandparent is your blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption.
In addition to satisfying a maintenance and accommodation requirement, you will also need to satisfy the Home Office that you are able to work and intend to take or seek employment or self-employment in the United Kingdom. You will be able to work, study and be joined by your dependent family members. After 5 years residence in the UK, you will be eligible to apply for indefinite leave to remain.
Settlement on the basis of Long Residence 10 Years
Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant.
The applicant must meet the following requirements to be granted indefinite leave:
- the applicant must have at least 10 years continuous lawful residence in the UK
- there must be no reason why granting leave is against the public good
- the applicant must meet the knowledge of language and life requirement • the applicant must not fall for refusal under the general grounds for refusal
- the applicant must not be in breach of immigration laws, except
- for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016
- where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules – for more information on overstaying, see applications from overstayers (non-family routes).
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