Skilled worker visa route to ILR

You may be qualified to apply for Indefinite Leave to Remain if you have had your Skilled Worker visa for five years and have consistently resided in the UK throughout this period (ILR).

ILR indicates that you will be free from immigration limitations in the UK and is a step towards Naturalisation as a British Citizen. You should be able to naturalise as a British citizen once you have been in the UK for a full year with ILR. You may be able to file for naturalisation right away if you are married to a British citizen and acquire ILR after five years of residency as a skilled worker.

To appropriately apply for ILR, it is crucial to comprehend all of its criteria

What conditions must be met before applying for ILR as a skilled worker?

There are several conditions that must be met.

In Appendix Skilled Worker, it is specified what is needed for those with skilled worker visas to file for ILR. Three categories may be used to group these: eligibility criteria, suitability requirements, and validity requirements.

Eligibility criteria

This involves fulfilling the prerequisites for eligibility, maintaining residency for the appropriate length of time, passing the Life in the UK test, and earning the required wage for your sponsored position.

You must have five years of continuous residence in the UK to be eligible. Five years do not always have to be spent just on a skilled worker visa. The following items can be included in the time:

  • General or Skilled Worker, Tier 2.

  • T2 Religious Minister

  • international athlete T2

  • Global Talent

  • Innovator visa

  • Representative of a foreign company

Tier 1 (excluding Tier 1 Graduate Entrepreneur)

However, either a Tier 2 (General) visa or a skilled worker visa must be the source of your most recent authorization.

Appendix Continuous Residency contains the rules pertaining to the continuous residence component. This explains the Home Office's definition of continuous residency. Appendix Continuous Residence explains how these are computed and what is included as an absence. Absences from the UK might interrupt continuous residence. Normally, you can only leave the UK for 180 days in any 12 months without violating the need for continuous residence. This is estimated based on whether your visa application was approved before January 11th, 2018.

You must demonstrate that your absence comes under one of the above exceptions if it lasts longer than 180 days and you are travelling beyond the UK. These may consist of compelling individual situations like:

  • Death-threatening conditions

  • Passing away of a family member

Another essential requirement is having a solid grasp of both the English language and UK culture. The method for proving this condition is described in Appendix KOLL.

You must meet the Knowledge of Life in the UK (KOL) criteria if you are 64 years of age or younger at the time of application. Since your first application will have covered your English language proficiency, you do not need to provide any extra proof of your proficiency. You must pass the Life in the UK test, where you will receive a digital reference number, to meet the KOL requirement. Tests must be scheduled at least three days in advance with one of the 30 UK test centres and administered by an authorised provider.

The minimal wage barrier is the last need for qualifying. On the day your ILR application is decided, your existing employer, who sponsored your most recent permit, must still be an authorised skilled worker sponsor. Additionally, your employer must certify that your position will continue to be needed in the future and that your pay satisfies the minimal standard, which must be at least the general salary requirement of £25,600 per year, £10.10 per hour, or the "going rate" for your position (whichever is higher).

 

Your pay must be at least £20,480 per year or the going rate if the position for which your most recent permit was granted is in a shortage occupation. The five-year qualifying period must include time spent working as a Tier 2 (General) employee in one of the occupations listed in Table 2 of Appendix Skilled Occupations for your function to qualify for the lower general wage level. These consist of:

  • Scientists

  • A few experts in the scientific and social sciences

  • Managers of research and development

  • professionals who teach in higher education

  • Validity criteria

  • You must also fulfil several validity conditions for an ILR application 

To be approved. These consist of:

  • You need to pay the required charge.

  • You have to provide biometric information.

  • To prove your identity and nationality, you must have shown a valid passport or other kinds of travel documentation.

  • You have to be in the UK when you submit your application.

  • The application will be deemed invalid if any of the aforementioned requirements are not satisfied.

Suitability criteria

Unless you also satisfy the appropriateness standards, your application may still be rejected. If you meet one of the Home Office's broad grounds for denial, for instance:

  • Your application contains inaccurate or missing information.

  • You either have a criminal history in the UK or overseas.

  • You have broken immigration laws in the UK, such as by staying too long.

How can I submit an ILR application using a visa for a skilled worker?

Once you've confirmed that you satisfy the conditions, you can submit your application up to 28 days before the end of your five-year qualifying term. Applications must be submitted electronically using the Form SET for the various immigration categories on the www.gov.uk website (O).

You must enrol your biometric data when submitting your ILR application; this information will be utilised to award you a Biometric Residence Permit.

Online instructions are available on how to finish your application and what documentation you must provide. If your application is complex, it may take longer—up to six months—to receive a decision.

Your partner and children may be added as long as they are eligible for the programme and pay the application fee of £2,404 each. A priority option is offered for an additional £500; in this case, you will receive a judgement within five working days, or the next working day if you choose the super priority service for an additional £800.

Additionally, there is an extra fee of £50 for the Life in the UK exam.

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