Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.
The Student visa does not directly count towards permanent residency (i.e. settlement) in the UK, unlike other visa routes. This means that the time you spend as an international student at a school or university in the UK cannot be used to get Indefinite Leave to Remain. Other visas, such as work, business and family visas, do, however, count towards residency in the UK. In this article, we will explain what you can do to secure permanent residency in the UK as an international student. In particular, we will cover switching to another visa type, applying under the 10-year residency route, and the Global Talent visa.
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What can I do on a Student visa in the UK?
As a Student visa holder in the UK, you can study and work (subject to certain restrictions). You cannot, however, settle after living here for a certain amount of time, claim benefits, be self-employed, or vote.
What is residency in the UK?
Residency, also called permanent settlement or Indefinite Leave to Remain (ILR), gives you the right to stay in the UK without any limits on the amount of time you can remain here. As a person with residency in the UK, you can live, work, study, and have access to free healthcare and travel. This means that you no longer need to apply for a visa to live in the UK and can apply for British citizenship after a further 12 months.
It is important to bear in mind that UK residency can be lost if you spend 2 or more years outside the country. As such, you have to show a commitment to living in the UK to retain your right of permanent settlement.
How can I settle in the UK as a Student visa holder?
There is no direct route to permanent residency in the UK; however, with the right approach and an understanding of the immigration system, you can settle here by either switching to an ILR-qualifying visa or through the 10-year long stay route.
Switching to an ILR-qualifying visa
The most common route to permanent residency in the UK as a foreign national is to hold an ILR-qualifying visa continuously for a certain number of years, typically 5 years, but this can be achieved in 3 years with some visa types. As a Student visa holder coming to the end of your studies, you may be able to switch to an ILR-qualifying visa such as:
- A Spouse visa under the family visa route
- A Skilled Worker visa
- A Health and Care Worker visa
- An Innovator Founder Visa
- A Global Talent visa
To switch to one of these visas, you will need to meet the eligibility criteria for the visa you choose. For example, if you wish to apply for a Skilled Worker visa or Health and Care Worker visa, you must have an eligible job with a company in the UK that is licenced to sponsor overseas workers and meet the minimum salary requirements. Likewise, if you want to apply for an Innovator Founder visa, you must have a business idea for a new, innovative, viable, and scalable business that has been endorsed by an approved endorsing body in this country. To apply for a Spouse visa, you must be married, in a civil partnership, or living with (for at least 2 years) a British national or someone who already has permanent settlement or citizenship.
Many international students elect to switch to a Graduate visa as soon as they complete their studies as a ‘bridge’ between the Student visa and an ILR-qualifying visa. The Graduate visa does not itself enable holders to settle permanently in the UK, but it does allow them to spend up to 2 years post-studies to find work.
10-Year long-residency route
Another option often overlooked by foreign nationals who have been in the UK for many years but have not secured permanent settlement is the 10-year long-residency route. Under this route, you can qualify for ILR as long as you have been living in the UK for at least 10 years, lawfully, no matter what visa types you have held during this time. This means that your time spent in the UK on a Student visa can be used to count towards permanent residency. To qualify under the 10-year long-residency route, you must:
- Have permission to stay in the UK (i.e. ‘leave to remain’)
- Have held your current permission to stay for at least one year
- Have been in the UK legally for 10 years on any visa type (except short-term study visas or visitor visas) without a break in your continuous residence of more than 180 days in any 12-month period
- Pass the Life in the UK Test, and
- Meet the English language requirement (which you will meet if you have completed a degree or higher in the UK taught in English).
Global Talent visa
Another possible route to residency as a student in the UK is the Global Talent visa. As the name suggests, this visa is for those who are considered a leader or potential leader in their field of expertise. For example, if you have a higher level qualification in Artificial Intelligence (AI) and have contributed a body of knowledge to the sector, you may be considered a potential leader.
To switch from a Student visa to a Global Talent visa, you must be in the UK and:
- Have won an eligible award or gained Global Talent Visa Endorsement from an endorsing body as a leader or potential leader in academia or research, arts and culture, or digital technology, and
- Have completed the course you were sponsored to study or studied for a PhD for a period of at least 24 months.
Once you have applied to switch from a Student visa to a Global Talent visa, you can remain in the UK until you receive your decision. Also, depending on your field of work and how you apply, you can apply for residency in the UK after 3 or 5 years.
For more information
To understand how you can settle in the UK after your studies, please speak to a member of our expert immigration law team. We will take the time to understand your circumstances and ambitions for living in the UK and recommend the best course of action for you. We can then help you with the application process if you need to switch to a different visa category.
