Indefinite Leave to Remain (ILR) is a mode of settlement in the UK that essentially removes time barriers, thereby allowing persons the freedom to live and work in the UK.
Requirements for Switching from a UK Skilled Worker Visa to ILR
A Skilled Worker Visa enables foreign nationals to live and work in the United Kingdom for up to five years, for an eligible job, under a licensed sponsor. After holding a UK Skilled Worker Visa for 5 years continuously, you may apply for ILR. You have to satisfy continuous residence, sponsorship, and salary requirements, as well as the required knowledge of life in the UK.
Continuous Residence Requirement
You must have spent five continuous years lawfully in the UK to qualify for ILR. This may include other visa categories, such as Scale-up, Innovator Founder, Global Talent, International Sportsperson routes, T2 Minister of Religion, or some Tier 1 visas.
Absences from the United Kingdom must meet the Appendix Continuous Residence rule, which permits an absence of 180 days per 12 months. The exceptions are if you were unable to return because of a military conflict, natural disaster, or for compassionate reasons, hence the list includes serious illness or death of a relative.
Sponsorship Requirement
Your latest sponsor must still be Home Office approved at the application decision date. They are not required to issue a fresh Certificate of Sponsorship (CoS) but can only certify that the employment is continuing and the salary is at least the minimum threshold for Indefinite Leave to Remain (ILR).
Salary Requirement for Switching from Skilled Worker Visa to ILR
As of 4 April 2024, new salary rules came into effect. Most applicants will be required to demonstrate that their salary is at least £38,700 or the going rate for their job, whichever is higher. There exists a lower threshold of £29,000 for Health and Care Workers.
Certain cases will have a lower salary threshold, which will be a minimum of £30,960. With specific jobs listed on the Immigration Salary List or on the Shortage Occupation List and certain healthcare and education occupations, the salary threshold might go as low as £23,200. Make sure you meet the salary requirement for a Skilled Worker Visa as per your job role.
Knowledge of Life in the UK Requirement
You must undertake the ‘Life in the UK’ test unless you are over 65 years old or disabled to the extent that you cannot take the test. There are 24 questions about British traditions and customs, and you must score a minimum of 75%. The test is booked online, and you will require a reference number after passing, which needs to be applied to your ILR application.
ILR Application Processing Time and Cost
Indefinite Leave to Remain (ILR) applications are normally processed within six months, but faster processing is offered for an additional fee. The fee for an ILR application stands at £2,885. The fee for a five-day priority service is £500, while super-priority service for the next working day costs £1,000.
Then there is the ‘Life in the UK’ test cost of £50, not including material fees.
Documents required for ILR as a UK Skilled Worker
The ILR application as a skilled worker entails lots of documents to prove eligibility. A complete and properly organised evidentiary package will ensure that an ILR application is successful.
When applying for ILR after being granted a Skilled Worker visa for a period of 5 years or longer, please provide documents such as:
- A passport with a valid identity
- Biometric Residence Permit (BRP)
- Proof of continuous residence in the UK
- Record of absences from the UK
- An employer’s letter confirming the on-going need for your job
- Proof of good English
- Life in the UK test certificate
How do you Apply to Switch from a UK Skilled Worker visa to ILR?
The applicant must carry out these steps to apply for Indefinite Leave to Remain as a UK skilled worker:
Step 1: Gather the Required Documents
Before starting your Indefinite Leave to Remain application, you must have assembled all of the required documentation, your valid passport, and the evidence of continuous residence in the UK plus all other supporting documentation that will be required. This will ease the process of applying for the ILR.
Step 2: Fill out the ILR Form Online
After collecting all the required documents, fully complete the ILR application form. It is very important that you pay attention to every minute detail- all data must be accurate and complete. Any errors or incomplete data may lead to application delays or refusal.
Step 3: Pay the Application Fees
In order to continue with the ILR application, the payment of the necessary fee is required. If correct fees are not paid, it can lead to the rejection of an application.
Please be mindful that fees change from time to time, always check the latest updates before applying for ILR on the UK government’s official website.
Step 4: Make the Submission
Once you have the whole set of documents, completed the online application, and paid the fees, you can submit your ILR application. Make sure you review the documents for upload and arrange them properly. A good application, well-organized, will enhance your chances for successful consideration and reduce the time spent in processing.
Step 5: Tracking the Application
Once the application has been submitted, it is advisable to keep track of the approvals throughout the entire process of your ILR application. Keep a keen eye on the updates or requests for more information.
Conclusion
Meeting all the requirements and submitting all the documents will ensure a greater chance of success. Hire an immigration solicitor to stay updated on the requirements of the Home Office.
