Meeting the requirements for Indefinite Leave as a Skilled Worker
Indefinite Leave to Remain is a significant achievement for immigrants in the UK. It grants you the right to live and work in the country indefinitely, without the need for ongoing visa renewals. After holding ILR for a year, you can take the exciting step of applying for British citizenship.
To qualify for settlement after obtaining a Skilled Worker visa, you must meet the following immigration requirements:
- have lived and worked in the UK for 5 years – there are rules for what counts towards your time in the UK
- meet the salary requirements
- continue to be needed for your job and meet the salary requirements after you get indefinite leave to remain – you’ll need a document from your employer (sponsor) to confirm this
1. Let’s take a closer look at these aspects.
- You generally need to have lived in the UK continuously for 5 years. However, there are specific rules that apply if you’ve travelled abroad or held multiple visas during this period.
You must have spent no more than 180 days outside the UK in any 12 months.
In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:
- any Tier 1 visa – except Tier 1 (Graduate Entrepreneur)
- Skilled Worker or Tier 2 (General)
- Scale-up Worker
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- Innovator Founder
- Global Talent
- Representative of an Overseas Business
2. To meet the sponsorship and salary requirement, the sponsor in your most recent permission must still be approved by the Home Office to sponsor Skilled Workers on the date of the decision on your application, not just the date of application itself.
Your sponsor will not be required to assign you a new Certificate of Sponsorship (CoS), but they must confirm that they still require you to work for them for the foreseeable future. They must also confirm that you will be paid a salary that meets the minimum threshold for settlement on this route, and that you will continue to be paid this salary, again for the foreseeable future.
You usually need to be paid at least a minimum salary if you hold a T2 or Skilled Worker visa.
The exact amount depends on the specific type of visa you hold
3. To fulfil the knowledge of life in the UK (KOL) requirement, you must pass the ‘Life in the UK‘ test unless you are 65 or older or have a qualifying disability.
You do not need to prove you meet the English language requirements when you apply to settle using your Skilled Worker, T2 or Tier 2 visa. This is because you did this when you applied for your visa.
4. You cannot submit your application earlier than 28 days before the end of your qualifying 5-year residence period. Any application submitted before this deadline will be refused.
This 28-day waiting period ensures that you have completed the full 5-year residency requirement before your ILR application is processed.
5. The application fee for Indefinite Leave to Remain (ILR) is £2,885 per person. Once you submit your ILR application and supporting documents, you should receive a decision within 6 months. However, you may have the option to pay for a faster decision.
6. When you attend your biometrics appointment, be prepared to provide the following supporting documents: valid passport/travel document, employer sponsorship confirmation, and financial evidence.
Important Reminder:
- Information provided is for general guidance only and may not apply to all situations. Always refer to the latest UK immigration rules for accurate and up-to-date information.
One of our clients had worked for three different employers during his 5-year stay in the UK on a Skilled Worker visa. He was unsure about how to calculate his qualifying period and which documents to provide to support his settlement application.
Our Assistance:
As immigration advisers, we provided our client with the following guidance:
- We explained that while multiple employers might seem complex, the continuous nature of his employment would generally count towards his 5-year residency requirement. We helped him identify the start and end dates of each employment and calculate the total duration and the date when we can submit the application.
- We advised our client to gather the following documents to support his application:
⦁ Employment letters from employers, confirming his job title, start and end dates, and salary to provide the Home Office with the immigration client’s background in a cover letter⦁ A letter from his current employer confirming ongoing employment and the foreseeable need for his role.⦁ Letter from employer detailing reasons for work-related absences including periods of paid annual leave⦁ Payslips for the most recent month of employment with current employer
⦁ Bank statements to verify salary payments.
⦁ All his previous passport , travel documents or national identity cards that he have used to travel to or remain in the UK
- Addressing Potential Concerns: We addressed the client’s concerns about potential disruptions to his residency due to the change of his multiple employers. We clarified that as long as there were no significant gaps in employment, his time spent with each employer would contribute to his qualifying period.
Outcome:
With our guidance, our client successfully demonstrated that he met the eligibility requirements and provided the necessary documentation, resulting in a succesful decision.