Which UK Visa Types Count Toward the 5-Year ILR Requirement?

The 5-Year Qualifying Period Explained

To apply for Indefinite Leave to Remain (ILR) in the UK, most applicants need to complete 5 continuous years on an eligible visa route. However, not all UK visas count toward this requirement — and this is where many applicants make costly mistakes.

Understanding which visas count can mean the difference between applying on time and waiting additional years for settlement.

Visas That DO Count Toward ILR

The following visa categories are considered "qualifying" routes for settlement:

Work Visas

• ✅ Skilled Worker visa (and former Tier 2 General)
• ✅ Health and Care Worker visa
• ✅ Senior or Specialist Worker visa (Intra-Company Transfer)
• ✅ Global Talent visa
• ✅ Innovator Founder visa (and former Innovator/Start-up)
• ✅ Minister of Religion visa
• ✅ International Sportsperson visa
• ✅ Representative of an Overseas Business visa

Dependant Visas

• ✅ Skilled Worker dependant
• ✅ Health and Care Worker dependant
• ✅ Global Talent dependant
• ✅ Any dependant visa linked to a qualifying work route

Family Visas

• ✅ Spouse/Partner visa
• ✅ Parent visa
• ✅ Adult Dependent Relative visa

Note: Family route visas have different residence requirements — typically 5 years, but some categories may require 10 years.

Visas That DO NOT Count Toward ILR

These visa types do not lead to settlement through continuous residence:

• ❌ Youth Mobility Scheme (YMS) — explicitly designed as a temporary visa with no path to settlement
• ❌ Student visa (Tier 4) — educational stay doesn't count
• ❌ Graduate visa — despite being post-study work, it's not a settlement route
• ❌ Visitor visa — any type
• ❌ Seasonal Worker visa
• ❌ Temporary Worker visas (charity workers, creative workers, etc.)
• ❌ Short-term Study visa

What Happens When You Switch Visa Types?

This is where many applicants get confused. If you switch from a non-qualifying visa to a qualifying one, the clock starts fresh from the date of your new visa.

Real Example: YMS to Skilled Worker Dependant

We frequently receive questions like this:

"My husband arrived in the UK on a Youth Mobility Scheme visa in February 2020, then switched to become my Skilled Worker dependant in September 2021. Is he eligible for ILR this year (2026)?"

The answer is no — not yet. Here's why:

• Time on YMS (Feb 2020 - Sept 2021): Does NOT count toward ILR
• Time as Skilled Worker dependant (Sept 2021 onwards): Counts toward ILR
• 5-year clock started: 21 September 2021
• Earliest ILR application: Late August 2026 (you can apply up to 28 days early)

Even though the husband has been in the UK for nearly 6 years, only the time on the qualifying Skilled Worker dependant visa counts.

Another Example: Student to Skilled Worker

"I came to the UK on a Student visa in 2019, then switched to a Skilled Worker visa in 2022. When can I apply for ILR?"

The answer: Your 5-year qualifying period started in 2022 when you switched to Skilled Worker. You would be eligible for ILR in 2027, not 2024.

Special Cases and Exceptions

Combining Time on Different Qualifying Visas

If you switch between qualifying visa types, your time can be combined. For example:

• 2 years on Tier 2 General + 3 years on Skilled Worker = 5 years total ✅
• 3 years on Health and Care Worker + 2 years on Skilled Worker = 5 years total ✅

Gaps Between Visas

If there's a gap between your qualifying visas (for example, you left the UK and returned), this can break your continuous residence. The rules around this are complex and depend on:

• Length of the gap
• Reason for the gap
• Whether you maintained immigration permission throughout

Generally, gaps of more than 14 days between visa permissions can cause problems.

Long Residence Route (10 Years)

If you've been in the UK for 10 continuous years on any lawful visa (including Student, YMS, etc.), you may qualify for ILR through the Long Residence route. This is a separate pathway with different requirements.

How to Calculate Your ILR Eligibility Date

Follow these steps:

1. Identify when you first received a qualifying visa — this is your start date
2. Add 5 years to that date
3. Subtract 28 days — you can apply this many days early
4. Check your absences — ensure you haven't exceeded 180 days outside the UK in any 12-month period

Example Calculation

• Skilled Worker visa granted: 15 March 2021
• 5 years later: 15 March 2026
• Earliest application date: 16 February 2026

The Absence Rule: Don't Break Continuous Residence

Even if you have 5 years on a qualifying visa, you must also meet the continuous residence requirement. This means:

• No more than 180 days outside the UK in any 12-month rolling period
• No single absence longer than 6 months (unless exceptional circumstances)

Use the Home Office's online calculator to check your absences before applying.

Frequently Asked Questions

Can I count time on a Graduate visa toward ILR?

No. The Graduate visa is explicitly a temporary visa that does not lead to settlement. If you switch from Graduate to Skilled Worker, your 5-year clock starts from the Skilled Worker visa date.

Does time on a Student visa count?

No. Student visa time never counts toward ILR through the 5-year work route. However, it may count toward the 10-year Long Residence route.

What if my spouse has ILR but I was on YMS?

You need to first switch to a qualifying visa (such as Skilled Worker dependant or Spouse visa), then complete 5 years on that visa before applying for ILR.

Can I apply for ILR while still on YMS?

No. YMS holders cannot apply for ILR directly. You must first switch to a qualifying route.

Next Steps

Once you've confirmed your eligibility date, you'll need to prepare your documents. Check our comprehensive guide on ILR document requirements for dependants for a complete checklist.

Official Government Resources

For official guidance on visa routes and ILR eligibility, refer to these UK government pages:

• 🔗 Indefinite Leave to Remain Overview — gov.uk
• 🔗 Skilled Worker Visa — gov.uk
• 🔗 Health and Care Worker Visa — gov.uk
• 🔗 Global Talent Visa — gov.uk
• 🔗 Youth Mobility Scheme — gov.uk
• 🔗 Long Residence (10 Year Route) — gov.uk
• 🔗 Continuous Residence Calculator — gov.uk

Need Help With Your Application?

Calculating ILR eligibility can be complex, especially if you've switched visa types or had absences from the UK. Our Expert Review (£49) service includes eligibility verification by experienced immigration consultants who can:

• Verify your qualifying period calculation
• Check your absences against the continuous residence requirement
• Review your documents for completeness
• Provide personalised advice for your situation

Or start with our Free AI Document Check to instantly verify your application documents once you're ready to apply. 1 free check per document daily.

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