Skilled Worker and Tier 2 General visa holders will need to fulfil all the requirements for Points Based System settlement applications.
The main settlement requirements for the Skilled Worker/Tier 2 General visa category are:
- Meeting the 5 year continuous qualifying period of being in the UK in a permitted category
- Meeting the minimum income threshold in accordance to the respective job role
- Knowledge of Language and Life in the UK – You will need to pass the life in the UK test and meet the English language requirement at a minimum level of level CEFR level B1.
You are eligible to apply for ILR after you have continuously lived in the UK for 5 years under the Skilled Worker/Tier 2 General visa route.
While your grant of leave needs to be under the Skilled Worker/Tier 2 Visa category at the time of your ILR application, the continuous 5 years requirement can be fulfilled by a combination of different routes including;
- Skilled Worker/Tier 2 (General)
- Any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)
- 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 qualifying period for your ILR application can start from your initial approval of your leave to remain or entry clearance. Only the recent 5 years will be considered if you have lived more than 5 years in the UK. (There are also options for ILR on 10 years basis.)
When can you Apply?
You cannot apply earlier than 28 days before the completion of your 5 year qualifying period. - Applying earlier will lead to a refusal and no refund for any fees.
There are also strict requirements for an applicant to have completed the qualifying period fully in the UK. Applicants who entered the UK several weeks after their visa valid date might need to apply for an extension to complete the qualifying period before they can apply for the ILR.
Absences
Applicants applying for ILR under this visa category shouldn’t have more than 180 days’ absence from the UK during any consecutive 12 month period within the 5 year qualifying period.
While making your application, you will have to list all the absences during your qualifying period including the reasons for those absences.
Not complying with the absences is also one of the major reasons for ILR applications refusal and so it’s highly advised that you refer to an experienced immigration advisor.
Minimum Earnings Threshold for ILR
Skilled Workers or Tier 2 (General) migrants are required to earn either the minimum earnings threshold or the appropriate rate for the job (whichever is the higher).
You’ll usually need to be paid at least 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 are be doing
English Language Requirement
Applicants must also evidence sufficient knowledge of the English Language. Unless you reside in a country where English is the primary/dominant language e.g. USA or Australia, you will need to take an English Language Test which assesses your speaking and listening ability. This must be at a minimum CEFR level of B1.
If you have a degree or academic qualification that was taught or researched in English and recognised by UK NARIC, the English language requirement can also be satisfied.
Life in the UK Test
In addition to the knowledge of English, UKVI requires applicants to submit a proof of knowledge of “life in the UK”.
Applicants will need to take and pass the Life in the UK test to fulfil this criterion. The test consists of 24 questions based on the official Life in the United Kingdom handbook and you will need to score 75% or more to pass the test.
Documents Required for ILR as a Skilled Worker/Tier 2 General
There are several documents you will need to submit as part of your ILR application to meet the requirements covered in the above sections.
Some of the important documents that will need to be part of your settlement application includes;
- Confirmation letter from your current sponsor stating your job details and that your job is secure for the foreseeable future
- Documents to verify absences within the qualifying period along with reasons
- Confirmation of your Gross annual salary from your current sponsor
- Documents supporting your earnings to meet the minimum threshold
- Payslips and personal bank statements
Note that this is not a comprehensive list of documents, and the exact documents you will need will depend on your personal circumstances.
Validity of ILR Status
As with ILR status with any other route, you will lose your validity to live indefinitely in the UK if you remain outside of the country for a continuous period of more than 2 years.
If you secure ILR and then decide to leave the UK for a period of 2+ years, (with some exceptions) you will lose your entitlement for the status and you will need to apply for entry clearance all over again.
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