Does Graduate Visa/PSW Visa Count Towards ILR in the UK?

Last updated: 11 April 2024

Under the current immigration rules, the UK Graduate visa / PSW visa does not count towards indefinite leave to remain (ILR). This means that if you switch to another UK visa that does lead to ILR (e.g. Skilled Worker visa), you cannot include the time you spent on a Graduate visa for your ILR application.

However, there is an exception to this rule. If you apply for ILR through the 10 year long residence route, you can combine the time you spent on a UK Graduate visa with time spent on any other long-term visas in the UK. In other words, as long as you have been living in the UK lawfully, regardless of the type of visa (or combination of different UK visa types) you held (including all non-ILR qualifying visas), you can apply for ILR after living here continuously for 10 years.

Graduate visas are typically granted for up to 2 years and it cannot be further extended. This means that Graduate visa holders who wish to stay for longer than 2 years will either need to switch visas within UK or leave the UK.

Visas you can switch to if you are considering settling in the UK

There are several ILR-qualifying visa types that Graduate visa holders can switch to, including the:

• Skilled worker visa
• Scale up visa
• Global talent visa
• Spouse visa

Please note this list of ILR-qualifying visas is by no means exhaustive.

Skilled worker visa

The UK Skilled Worker visa is the most popular work visa for overseas nationals who wish to work in the UK. As a Skilled Worker visa holder, you can live in the UK for up to 5 years, during which time you can work for your sponsor, study, and bring your partner and children. At the end of the 5-year period, you can apply for ILR or simply extend your visa if you don’t plan to settle here.

Before applying for a Skilled Worker visa, you will need a job offer from a UK employer with permission from the Home Office to sponsor overseas workers (referred to as a sponsor licence). You must have a job that is on the list of eligible occupations¹ and receive a salary of at least £38,700 or the ‘going rate²’ for your job type (whichever is the higher amount). In some cases, the minimum salary requirement is less, including if you have a job on the shortage occupation list, you are under 26 or a recent graduate, or you have a Ph.D. in a STEM subject. You will also need to meet the English language requirement³, this can be met in a number of ways including by passing an approved English language test at level B1 on the CEFR scale, completing a degree taught in English, or coming from a qualifying English-speaking country.

Scale up visa

The Scale-up visa is intended for overseas nationals who want to work in the UK for a fast-growing company (called a ‘Scale-up’ business). Scale-up visas are granted for up to 2 years and can be extended by 3 years each time (you can renew your visa as many times as you wish). After 5 continuous years on a Scale up visa, you will be able to apply for ILR.

Like the Skilled Worker visa, Scale-up visa applicants require a job offer from a UK employer with permission from the Home Office to sponsor candidates on this route. The offer must be for employment lasting at least 6 months. In contrast to the Skilled Worker visa, once you have been working for your sponsoring employer for 6 months, you are free to switch to a different employer without gaining permission from the Home Office. As such, the Scale-up visa offers greater flexibility compared to the Skilled Worker visa. To apply for a Scale-up visa, you must have a job in an eligible scale-up occupation⁴ and receive a salary of at least £33,000, or the going rate for your job type (whichever is the higher amount). You will also need to meet the English language requirement (see the Skilled Worker visa section above).

Global Talent visa

The Global Talent visa is specifically for overseas nationals who have been endorsed by an approved endorsing body as a leader or potential leader in the areas of academia or research, arts, and culture, or digital technology. As a Global Talent visa holder, you will be able to live in the UK for up to 5 years, during which time you can be an employee, self-employed, or a director of a company. You will also have the flexibility to change jobs and employers without asking the Home Office for permission to do so. Your dependant family members (i.e. your partner and children) will also be able to join you in the UK. The Global Talent visa also provides a pathway to permanent settlement (ILR) after 3 or 5 years, depending on your field of expertise.

To qualify for a Global Talent visa, you must first apply for and receive endorsement from an approved endorsing body that you are a leader or potential leader in your chosen field. The exact eligibility criteria you will need to meet will depend on your area of expertise. For example, those applying as a researcher or academic leader must have an eligible job offer as an academic or researcher, an individual fellowship, a UK Research and Innovation (UKRI) approved research grant, or an eligible award.

Spouse visa

Another common visa route for Graduate visa holders is the UK Spouse visa. By switching to a Spouse visa from a Graduate visa, you will be able to live, work, and study in the UK for an initial period of 30 months and then extend your stay for another 30 months. After 60 months (5 years) of continuous residence in the UK, you will be able to apply for ILR.

The UK Spouse visa is open to overseas nationals with a UK-based partner who is a British or Irish citizen or who has settled here (i.e. they have EU Settled Status or ILR). You must either be married, in a civil partnership, or have been living with your UK-based partner for at least 2 years. In addition to the relationship requirements, you will need to demonstrate to the Home Office that you have sufficient knowledge of the English language and you both have enough income to support yourselves and your children. This means you must have a joint annual income of at least £29,000. This can be made up of income from employment, self-employment, pensions, investments, and savings.

References

¹ GOV.UK: List of eligible occupations

² GOV.UK: Going rate

³ GOV.UK: Knowledge of English

⁴ GOV.UK: Eligible jobs on Scale up worker visa