Switching to the five-year route to settlement as a parent

Are you a parent in the UK on the 10-year route to settlement or indefinite leave to remain (ILR)? Find out if you can switch to the five-year route in this article.

If you are in the UK as the parent of a child settled in the UK and are on the 10-year route to settlement or indefinite leave to remain (ILR), you may be eligible to switch to the five-year route. This means that instead of waiting until you have accumulated four two-and-a-half-year visas while spending at least 10 years living in the UK before you can apply for ILR, you could apply sooner.

If you fit the criteria, you could potentially save yourself the cost of additional, unnecessary visa applications and save time, as well as achieving settlement or ILR sooner.

It is crucial to note that time spent on the 10-year route cannot be counted towards the five-year route, so this is more likely to be worth pursuing only if you have more than five years left until you reach eligibility for settlement or ILR. The qualifying period starts anew once you switch.

To qualify for switching from the 10-year to the five-year parent visa, you must meet several key requirements:

• Current Leave to Remain: As you are already on the 10-year route as a parent, you should already meet the requirements of being in the UK and holding leave to remain which was granted for more than six months (unless it was granted pending the outcome of family court or divorce proceedings). This leave must still be valid.

• English Language: You need to meet the English language requirements unless you qualify for an exemption through age, disability or exceptional circumstances. This means either being a national of a majority English speaking country, passing an English language test at level A1 (or A2 in certain circumstances) from a test centre approved by the Home Office, having an academic qualification from the UK at degree level (or higher) or having an academic qualification taught or researched in English from overseas which is considered to be of at least the same standard as a degree in the UK (you will need to provide a certificate to confirm that the overseas qualification has been recognised as being at least the same standard as a degree in the UK). 

• Financial requirements: You must also meet the financial requirements. Since you have leave to remain under the 10-year route, you now have the right to work and may fulfil the financial requirements depending on your current income. Since 11 April 2024, you must have a minimum annual income of £29,000 when switching into the five-year route and you must usually have held this same source of income for the last six months and this cannot derive from public funds. Alternatively, you can use savings of £88,500 which you have held for at least six months. Combinations of savings and certain other types of income can also be used.

• Accommodation: You must also prove that you have appropriate accommodation for you and your family without relying on public funds, and that the accommodation is not overcrowded.
• Child’s Residency and Status: Your child must be under 18 years of age (or have been under 18 when you first started the parent route) and residing in the UK. They must hold either ILR, any status under the EU settlement scheme or British citizenship. You cannot be eligible under the five-year route if your child does not fit these criteria but has lived in the UK for at least seven years, as you can under the 10-year route.

• Parental relationship: You must continue to meet the same relationship requirements that were met as a parent on the 10-year route, including either having sole responsibility for the child, being the main person which the child lives with or having in-person contact with the child and you must demonstrate an ongoing, active role in the child’s upbringing.

• The Other Parent: If you do not have sole responsibility for your child, their other parent must either be a British citizen, have ILR or have any status under the EU settlement scheme.

• Eligibility to Apply as a Partner: If you are eligible to do so, you must apply on the partner route and not the parent route. If you are on a partner route, and wish to switch to the five-year route, our Alex Young has covered this topic in a past article. 

If you are on the 10-year route to settlement, you can switch to the five-year route as soon as you meet the necessary requirements. However, the time spent on the 10-year route will not count towards the five-year requirement for ILR. Therefore, you will need to complete the full five years from the date you switch.

Switching to the five-year route can save significant time and costs associated with repeated applications and fees, and here at Seraphus, we have supported many individuals prepare applications to help them avoid repeated Home Office applications, fees and paying the Immigration Health Surcharge for applications they could have avoided. For parents committed to maintaining an active role in their child’s life, this visa route provides a structured and achievable pathway to more permanent residency in the UK.