How a Skilled Worker visa holder can get indefinite leave to remain in the UK
How a Skilled Worker visa holder can get indefinite leave to remain in the UK
Indefinite leave to remain (ILR) or settlement is the immigration status in the UK granted to individuals who are eligible to stay in the UK permanently. It gives you the right to live, work and study in the country for as long as you like, and apply for benefits if you’re eligible. This is a mandatory requirement for migrants who are planning to apply for British citizenship.
To qualify for the settlement you should meet the specific requirements for the visa category you are on in the UK.
You may be able to settle permanently in the UK as a Skilled Worker if you have been living and working in the UK for at least 5 years on one of the following visas:
- Skilled Worker or Tier 2 (General)
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
One of the most frequently asked questions is if different visa categories can be combined to reach a qualifying 5-year period as a Skilled Worker.
The answer is: you can include the time you’ve had on any combination of the following visas in the UK:
- Any Tier 1 visa—except Tier 1 (Graduate Entrepreneur)
- Skilled Worker or Tier 2 (General)
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- International Sportsperson, T2 Sportsperson, or Tier 2 (Sportsperson)
- Innovator
- Global Talent
- Representative of an Overseas Business
The most recent visa should be Skilled Worker if you want to rely on the Skilled Worker ILR requirements which are as follows:
- The applicant has lived and worked in the UK for 5 years
- Meets the salary requirement (at your most recent job as a Skilled Worker)
You need to be paid at least a minimum salary as in the table of eligible SoC codes and pay rates whichever is the highest out of the following:
- £25,600 per year
- £10.10 per hour
- the ‘going rate’ for the type of work you’ll be doing
- Continue to be needed for your job in the foreseeable future and meet the salary requirements after you get indefinite leave to remain—you’ll need a document from your employer (sponsor) to confirm this
- Meet general ILR requirements:
- pass Life in the UK test
- prove knowledge of the English language at the level of at least B1 (Life Skills)
- Meet the ‘continuous residency requirement’ if you’ve spent time outside the UK (you must have spent no more than 180 days outside the UK in any 12 months)
When to apply
You should apply before your Skilled Worker visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a Skilled Worker visa. Your application may be refused if you apply earlier.
Your family members
You can include your partner and children on your application if they’re eligible or they can apply separately at a later date, for example, if they’ve not lived in the UK for 5 years.
They can continue to extend their visa as your Skilled Worker or T2 dependant, even after you get indefinite leave to remain.
All dependants aged over 18 should pass the Life in the UK and Language test to qualify, even if they were exempt in their previous applications.
Fees and how long it takes
It costs £2,404 for each person. All eligible family members can be included in the same application form.
Every applicant needs to have their biometric information (fingerprints and a photo) taken—there’s no fee for this.
You’ll usually get a decision within 6 months if you apply using the standard service.
You must not travel outside of the UK, Ireland, the Channel Islands, or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
Get a faster decision on your application
You can pay an extra £500 to use the priority service to get a decision within 5 working days or you can pay an extra £800 to use the super priority service to get a decision:
- by the end of the next working day after providing your fingerprints and photo (known as ‘biometric information’) if your appointment is on a weekday
- 2 working days after providing your biometric information if your appointment is during the weekend
Once the ILR is granted you no longer depend on your employer. You can change employment, start your own business, study and apply for benefits.
Children born in the UK after you receive your ILR are considered British citizens and can apply for a UK passport.
Can I lose ILR?
You can lose your indefinite leave to remain if you stay outside of the UK for more than 2 years at a time.
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