The following table gives full information on the qualifying periods for permanent residency/settlement in the various immigration categories, and whether certain categories can be combined to complete the required qualifying period and whether or not the Life in the UK test is necessary for applicants or not in each category.
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Immigration Category
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Required period of stay in the UK
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Categories that can be combined to complete the required qualifying period
|
Life in the UK Test
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1
|
Tier 1 (General)
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5 years (or 4 years under certain HSMP rules)
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HSMP, Work Permit, Innovator, Self employed lawyer, Writer, Composer & Artist, Tier 2
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Yes
|
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2
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Tier 1 (Entrepreneur)
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3 or 5 years* (depending on business generated)
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Business Person & Innovator
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Yes
|
|
3
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Tier 1 (Investor)
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2,3 or 5 years* (depending on amount invested)
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Investor
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Yes
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|
4
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Tier 2
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5 years
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Member of Operational ground staff of overseas owned Airlines, Minister of Religion, Work permit, Representative of Overseas Newspaper etc., Tier 1 (except Tier 1 PSW) & Tier 2
|
Yes
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5
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Innovator
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5 years
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None
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Yes
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6
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Business Person
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5 years
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None
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Yes
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7
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Investor
|
5 years
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None
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Yes
|
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8
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Writer
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5 years
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None
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Yes
|
|
9
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Composer
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5 years
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None
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Yes
|
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10
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Artist
|
5 years
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None
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Yes
|
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11
|
Ancestry Visa
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5 years
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None
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Yes
|
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12
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Representatives of Overseas newspapers, News Agencies etc.
|
5 years
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None
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Yes
|
|
13
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Sole Representatives
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5 years
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None
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Yes
|
|
14
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Oversees Govt. Employees
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5 years
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None
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Yes
|
|
15
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Domestic workers
|
5 years
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None
|
Yes
|
|
16
|
Private servants in Diplomatic households
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5 years
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None
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Yes
|
|
17
|
Minister of Religion
|
5 years
|
None
|
Yes
|
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18
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Airport based operation ground staff of overseas owned Airlines
|
5 years
|
None
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Yes
|
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19
|
Retired Person of Independent means
|
5 years
|
None
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No
|
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20
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Long Residence – legal
|
10 Years
|
All visas so long as the residence of the applicant remains continuous throughout
|
Yes
|
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21
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Long Residence – Illegal
|
14 Years
|
Not Applicable
|
Yes
|
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22
|
Gurkhas discharged from HM Forces
|
4 Years
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None
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Yes
|
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23
|
Foreign / Commonwealth citizen discharged from HM Forces
|
4 Years
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None
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Yes
|
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24
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Refugee
|
5 Years
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None
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Yes
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25
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Discretionary Leave to remain
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6 Years
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None
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Yes
|
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26
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Humanitarian Protection
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5 Years
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None
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Yes
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27
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Spouses of persons present and settled in the UK
|
2 Years
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None
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Yes
|
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28
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Unmarried partners of persons present and settled in the UK
|
2 Years
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None
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Yes
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29
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Victim of Domestic Violence (Spouses / Unmarried partners of settled persons only)
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No time mentioned
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Not Applicable
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No
|
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30
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Bereaved Partners (Spouses / unmarried partners of settled persons only)
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No time mentioned
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Not Applicable
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No
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31
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Persons having right of access to their child
|
1 Year
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None
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Yes
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32
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Elderly Dependants
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Not Applicable
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Not Applicable
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No
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33
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EEA nationals and their family members
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5 years
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Not Applicable
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Yes
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* Subject to scoring the requisite points under Appendix A of the Immigration Rules
New requirements for knowledge of language and life in the UK for settlement
From 6 April 2011, migrants in the following categories can no longer meet the requirement for knowledge of language and life in the UK by passing an ESOL qualification, unless they are applying for settlement under our transitional arrangements:
- Tier 1 (Exceptional talent)
- Tier 1 (General)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- Tier 2 (Intra company transfer)
- Tier 2 (General)
- Tier 2 (Minister of religion)
- Tier 2 (Sportsperson)
- work permit holder
- highly skilled migrant (excluding those covered by the HSMP ILR Judicial Review policy document)
- representative of an overseas newspaper, news agency or broadcasting organisation
- representative of an overseas business
- overseas government employee
- minister of religion, religious missionary, or member of a religious order
- airport-based operational ground staff of overseas-owned airlines
- person intending to establish themselves in business
- innovator
- person intending to establish themselves in business under the provisions of EC Association Agreements
- investor
- writer, composer or artist
Transitional arrangements
Migrants in one of the above categories enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, can apply for permanent residence on the basis of this qualification.
If the migrant enrolled on an ESOL course on or after 23 November 2010, he/she will need to pass the Life in the UK Test if applying for settlement on or after 6 April 2011.
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