Individuals with permission to stay in the UK under Skilled Worker route are eligible to apply for Indefinite Leave to Remain (ILR), also known as settlement, once they have spent five continuous years in the UK on this route. Here, we explore the requirements for applying for ILR as a Skilled Worker.
Indefinite Leave to Remain as a Skilled Worker – main requirements
The requirements for Indefinite Leave to Remain under this route are contained in the following sections of the Immigration Rules:
- Appendix Skilled Worker
- Appendix Skilled Occupations
- Appendix KOL UK
- Appendix Continuous Residence
- Part 9: grounds for refusal
Validity and suitability requirements for Indefinite Leave to Remain
Applicants can only apply for settlement under this route if they were last granted permission as a Skilled Worker (or as a Tier 2 (General) migrant).
The correct application form must be filed, all relevant fees paid, and the required biometrics provided.
Further, the applicant must not fall for refusal under the general grounds for refusal, where consideration will be given to previous immigration and criminal history.
At the time of application, the applicant must not be in breach of immigration laws or on immigration bail.
ILR eligibility requirements – continuous residence
Applicants must have spent a period of five years’ continuous residence in the UK in order to be eligible for settlement.
During this five-year period, the applicant can have held permission in any of the following categories:
- Skilled Worker (and/or Tier 2 (General))
- Global Talent
- Innovator Founder
- T2 Minister of Religion
- International Sportsperson
- Representative of an Overseas Business
- any Tier 1 route other than Tier 1 (Graduate Entrepreneur)
- Scale-up
The relevant five-year period must be made up of continuous residence. Continuous residence will be broken if the applicant has been absent from the UK for more than 180 days in any 12-month period.
Disregarding absences
In limited circumstances, certain absences from the UK will be disregarded. Absences for the following reasons should not be counted towards the 180-day limit:
- assisting with a national or international humanitarian or environmental crisis overseas, providing that, if on a sponsored route, their sponsor agreed to the absence for that purpose;
- travel disruption due to natural disaster, military conflict or pandemic;
- compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or life-threatening illness or death of a close family member;
- research activity undertaken by a Skilled Worker which was approved by their sponsor and where the applicant was sponsored for a job in occupation codes 2111, 2112, 2113, 2114, 2115, 2119, 2161, 2162, 2162, or 2311;
- research activity undertaken by a person on the Global Talent route who was endorsed by The Royal Society, The British Academy, The Royal Academy of Engineering, or UKRI; or
- research activity undertaken by a person on the Global Talent route who qualified on the basis of a prize listed in table 6 of Appendix Global Talent: Prestigious Prizes.
ILR eligibility requirements – Knowledge of Life in the UK
Those applying for settlement in the UK must have passed the Life in the UK test prior to submitting their settlement application.
Those who are aged under 18, or are 65 or over, are exempt from meeting this requirement, as are those applicants who have a disability (physical or mental) which prevents them from completing the test.
There is no longer an English language requirement for applicants applying for Indefinite Leave to Remain under the Skilled Worker route.
ILR eligibility requirements – sponsorship
The sponsor of the Skilled Worker migrant will not be required to assign another Certificate of Sponsorship (CoS) to them. However, the sponsor will continue to have some involvement in the settlement application.
On the date of the settlement application, the sponsor must still be approved by the Home Office to sponsor Skilled Workers.
The sponsor must confirm that they still require the Skilled Worker to work for them for the foreseeable future.
ILR eligibility requirements – salary
In April 2024, the salary requirements for Skilled Workers changed significantly. Under the new rules, the minimum general salary that the applicant will need to be earning at the time of their application is £38,700 per year, or the going rate for their occupation code, whichever is higher.
Transitional arrangements were put in place for Skilled Workers who made their initial application with a CoS issued before 4 April 2024, and who continued to hold permission as a Skilled Worker. Those applying for ILR who fall under the transitional arrangements must be paid at least £29,000 or the going rate (which is set at the 25th percentile under the tradeable points option F), whichever is higher. The transitional arrangements for Skilled Worker settlement applications are expected to continue until 3 April 2030.
In addition to the transitional arrangements, certain exceptions to the new salary threshold will remain, and a lower salary threshold will be applied in specific circumstances.
There are other limited exceptions to the new salary threshold in relation to ILR applications. For example, if the applicant’s last role was in an occupation code listed in Appendix Immigration Salary List, the applicant will need to be earning at least £30,960 per year, or the going rate for their occupation code, if that is higher.
If the applicant was last sponsored in a health or education occupation code listed in Table 3 of the Appendix Skilled Occupations, they will need to earn at least £23,200 per year, or the relevant going rate listed in Tables 2 to 5 of the Appendix Skilled Occupations.
The applicant’s sponsor will be required to confirm that the applicant continues to be employed in their role and will be paid at least their eligible salary for the foreseeable future.
Making an application for Indefinite Leave to Remain
Those who are eligible can apply by filing an online application form. Following submission of the form, applicants are typically required to attend a biometric appointment.
Settlement as a Skilled Worker: How our Immigration Solicitors can help
If you require legal advice in relation to an application for Indefinite Leave to Remain, our immigration specialists are always happy to have an initial discussion, please contact us, or complete the enquiry form below.
This article was originally published in December 2021 and has been updated. It is accurate as of the new date of publication shown.
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