UK settlement rules: 3 visa types that do not count towards the 10-year permanent residence route
UK Prime Minister, Andy Burnham.
Updated guidance from UK Visas and Immigration (UKVI) states that time spent on visitor visas, short-term student visas and seasonal worker visas cannot be counted towards the qualifying period under the Long Residence route.
The guidance also excludes time spent under the Ukraine Scheme, including the now-closed Ukraine Family Scheme, from the 10-year calculation.
The Long Residence route allows eligible foreign nationals to apply for settlement after completing 10 years of continuous lawful residence in the UK, provided they meet the relevant immigration requirements.
However, living in the country legally for 10 years does not automatically guarantee eligibility. The immigration categories a person has held, their residence history and other applicable conditions can determine whether their time qualifies.
3 visa types that do not count towards UK permanent residence
According to the updated guidance reported by Legit.ng, three visa categories are excluded from the qualifying period.
1. Visitor visa
Time spent in the UK on a visitor visa does not count towards the 10-year Long Residence requirement.
This means people who repeatedly visit the UK for tourism, family visits or other permitted short-term purposes cannot use those visits to build the qualifying period for settlement.
Foreign nationals intending to settle in the UK need to understand the difference between permission to visit and immigration routes that can contribute towards long-term residence.
2. Short-term student visa
The short-term student visa is another excluded category.
Foreign nationals who enter the UK under this route cannot count that period towards the 10-year settlement requirement.
The distinction between a short-term study visa and the standard Student visa is important. According to the report, time spent under the regular Student route, formerly associated with Tier 4, generally counts towards the Long Residence period, subject to the applicable rules.
International students should confirm the exact immigration category attached to their permission rather than assume every study-related visa qualifies.
3. Seasonal worker visa
Time spent in the UK on a Seasonal Worker visa also does not count towards the Long Residence qualifying period.
The route is intended for eligible temporary seasonal employment. Foreign nationals who use it should not assume that the years spent working under this permission will contribute towards their 10-year settlement application.
Anyone hoping to remain in the UK permanently may need to qualify for another immigration route that supports their long-term plans.
Ukraine Scheme permission is also excluded
The guidance also excludes permission granted under Appendix Ukraine Scheme from the 10-year qualifying period.
This includes permission under the Ukraine Family Scheme, which has closed to new applications.
People who have spent time in the UK under these arrangements should not automatically include those periods when calculating their Long Residence eligibility.
They may need to examine their complete immigration history to establish which periods, if any, can count towards settlement.
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Can time spent on a Student or work visa count towards UK settlement?
Time spent under many other immigration routes can generally contribute towards the 10-year Long Residence period.
These include the standard Student route, work visa routes and certain family immigration routes, subject to the relevant rules and the individual’s circumstances.
The guidance also addresses time spent under circumstances such as immigration bail, temporary admission or temporary release. These periods do not count towards the qualifying period, and their effect on continuous residence must be assessed under the applicable rules.
Foreign nationals should review their immigration records carefully before submitting an application. A period of lawful stay does not necessarily qualify simply because the person was physically present in the UK.
What the rules mean for Nigerians living in the UK
The clarification is relevant to Nigerians who study, work or visit family in the United Kingdom and hope to qualify for settlement through long residence.
A Nigerian who has spent time in the UK on a standard Student visa or an eligible work route may be able to count that period towards the 10-year requirement, provided all relevant conditions are satisfied.
However, time spent on a visitor visa, short-term student visa or Seasonal Worker visa cannot be used towards the qualifying period under this route.
Nigerians planning to move from temporary permission to a longer-term immigration category should check how the change affects their residence history. They should also avoid assuming that every visa switch preserves their qualifying period.
The rules can be particularly important for people who have held several types of immigration permission over a decade.
How to check eligibility for the UK Long Residence route
Foreign nationals considering a settlement application should take the following steps:
- Review their immigration history: List every visa or permission held during their time in the UK, including the dates each began and ended.
- Identify excluded periods: Check whether any time was spent on a visitor visa, short-term student visa, Seasonal Worker visa or Ukraine Scheme permission.
- Check continuous residence: Review absences from the UK and any periods involving overstaying, immigration bail or other temporary arrangements against the current rules.
- Confirm the qualifying period: Calculate the time spent under eligible immigration routes rather than relying solely on the date they first entered the country.
- Check the latest official guidance: Consult GOV.UK or a qualified immigration adviser before applying, particularly where the immigration history includes several visa categories.
The exact effect of an excluded visa or a break in residence can depend on the applicable rules and the individual’s circumstances. Applicants should not assume that switching visas automatically makes earlier periods count.
Frequently asked questions
Which three UK visa types do not count towards the 10-year settlement route?
The three categories identified in the report are the Visitor visa, Short-term student visa and Seasonal Worker visa.
Does a UK Student visa count towards permanent residence?
Time spent on the standard Student route can generally count towards the 10-year Long Residence period, subject to the relevant requirements. The short-term student visa is excluded.
Does a UK work visa count towards the 10-year settlement route?
Many work visa routes can contribute towards the qualifying period. Eligibility depends on the specific immigration permission and whether the applicant meets the continuous residence and other applicable requirements.
Can Nigerians use the UK Long Residence route?
Nigerians can potentially qualify if they meet the immigration requirements, including the 10-year qualifying period and the applicable conditions. Nationality alone does not determine eligibility.
Does a visitor visa count towards UK indefinite leave to remain?
Time spent on a visitor visa does not count towards the 10-year Long Residence qualifying period. Visitors should not assume that repeated trips to the UK build eligibility for settlement through this route.
Does the Ukraine Scheme count towards the UK’s 10-year settlement requirement?
According to the reported guidance, permission under the Ukraine Scheme, including the Ukraine Family Scheme, is excluded from the qualifying period.
Does time spent on immigration bail count towards settlement?
The reported guidance says time spent on immigration bail, temporary admission or temporary release does not count towards the qualifying period. The effect on an individual’s continuous residence should be checked against the applicable rules.