Immigration Specialists London

Skilled Worker Visa ILR Requirements: The journey from holding a UK Skilled Worker Visa to achieving Indefinite Leave to Remain (ILR) in 2024 can be intricate. This guide is crafted to demystify the process, providing a clear roadmap of the steps, eligibility criteria, costs involved, and how to overcome common challenges. It’s an essential resource for those aspiring to transition from a Skilled Worker Visa to ILR, offering key insights and guidance to navigate the pathway towards permanent settlement in the UK.

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Skilled Worker Visa ILR Requirements

1. Introduction

If you are currently residing in the UK under a Skilled Worker Visa, chances are you may already be considering making the UK your permanent home. The pathway to this goal is the Indefinite Leave to Remain (ILR) status – a stepping stone towards British citizenship. Achieving ILR allows you to live, work, or study in the UK without any restrictions, offering you the flexibility and security of permanent residence.

Understanding the ILR requirements for the Skilled Worker Visa, however, can be complex, with various eligibility criteria, a detailed application process, and strict timelines. It’s crucial for Skilled Worker Visa holders to understand these requirements well in advance to plan their journey towards permanent residence effectively.

This comprehensive guide aims to demystify the ILR requirements for Skilled Worker Visa holders. From eligibility criteria to application processes, we will walk you through each step, highlighting the common pitfalls and how to avoid them. By the end of this guide, you’ll have a clear roadmap to help you navigate your path from a Skilled Worker Visa to ILR in the UK. Let’s dive in.

2. Understanding Skilled Worker Visa ILR

The Skilled Worker Visa, previously known as the Tier 2 General Visa, is a UK immigration route designed for non-UK residents who have been offered a skilled job in the UK. The visa provides an opportunity for skilled professionals from around the globe to contribute to the UK’s economy while gaining international work experience, developing their careers, and enjoying the lifestyle the UK has to offer.

The Skilled Worker Visa is a points-based system, requiring applicants to meet specific criteria, including having a job offer from an approved sponsor, meeting the required English language standards, and the job being at a required skill level, among others. Successful applicants are granted permission to stay in the UK for up to 5 years, with the possibility to extend this visa or apply for ILR after a specific period.

The Skilled Worker Visa is particularly attractive due to several benefits it offers. It provides a clear pathway to permanent residence in the UK, offers the freedom to perform a specific job role with an approved employer, and grants the right to bring dependents to the UK. Additionally, Skilled Worker Visa holders can undertake additional work in certain circumstances, study, and travel abroad and return to the UK.

The combination of these benefits and the opportunity to live in one of the world’s most dynamic and culturally diverse countries makes the Skilled Worker Visa a popular choice among immigrants seeking to enhance their professional and personal lives. Understanding the transition from this visa to achieving ILR is crucial for those looking to make the UK their permanent home.

3. Transitioning from Skilled Worker Visa to ILR

Transitioning from a Skilled Worker Visa to Indefinite Leave to Remain (ILR) status is a significant milestone for many immigrants in the UK. ILR, also known as settlement, grants individuals the right to live in the UK without any time restrictions, providing a sense of security and permanence that a visa cannot offer.

After spending a qualifying period, typically 5 years, on a Skilled Worker Visa, you may be eligible to apply for ILR, given you meet the necessary conditions. It’s worth noting that any time spent in the UK under the old Tier 2 General visa also counts towards this qualifying period.

ILR status comes with several advantages over holding a Skilled Worker Visa. Firstly, as an ILR holder, you’re no longer tied to a specific employer and are free to change jobs without applying for a new visa. Secondly, you’re no longer subject to the points-based system or the need for sponsorship. You also gain access to public funds and can spend up to 2 years outside the UK without losing your ILR status.

Moreover, achieving ILR is a crucial step for those aiming for naturalisation as a British citizen. After spending another 12 months with ILR status, you may be eligible to apply for British citizenship, provided you meet all other requirements.

Transitioning from a Skilled Worker Visa to ILR, therefore, opens a new realm of possibilities and takes you one step closer to full integration into UK society. It’s a complex process that requires careful planning and understanding of the requirements, which we’ll delve into in the next sections.

4. ILR Eligibility Criteria for Skilled Worker Visa Holders

Securing ILR as a Skilled Worker Visa holder is conditional upon meeting certain eligibility criteria. These requirements are designed to ensure that individuals are well-integrated, self-sufficient, and contributing positively to UK society. Here’s a detailed rundown of the main eligibility criteria:

  1. Continuous Residence in the UK: Applicants must have been legally residing in the UK for at least five years under a Skilled Worker Visa. The time spent in the UK under the previous Tier 2 General visa also counts towards this requirement.
  2. Absences from the UK: During the qualifying period, absences from the UK should not exceed 180 days in any 12 consecutive months. This rule applies to both work-related and personal absences.
  3. Minimum Income Threshold: Skilled Worker Visa holders must meet a specific minimum income threshold to be eligible for ILR. As of writing, the minimum salary requirement is £25,600 per annum or the ‘going rate’ for your job, whichever is higher.
  4. Knowledge of English Language: Applicants must prove they can read, write, speak, and understand English to at least level B1 on the Common European Framework of Reference for Languages. Accepted proofs include passing an approved English language test or having an academic qualification that was taught or researched in English.
  5. Life in the UK Test: Applicants are required to pass the ‘Life in the UK’ test, a computer-based examination that assesses the applicant’s knowledge of British customs, traditions, history, and everyday life.
  6. Good Character Requirement: The UK government expects all ILR applicants to be of good character. This means no criminal record, immigration offences, or deception in previous dealings with the UK Home Office.
  7. Maintenance Requirement: There is no specific maintenance requirement for Skilled Worker Visa holders applying for ILR. However, the Home Office will want to see evidence that you can support yourself and any dependents without recourse to public funds.

Please note that these are general requirements, and individual circumstances can affect your eligibility. If you’re unsure about any aspect of your application, you should seek professional advice. The next section will guide you through the application process.

5. Skilled Worker Visa ILR Application Process

Applying for ILR as a Skilled Worker Visa holder is a multi-step process that requires careful preparation and execution. Here’s a step-by-step guide to help you understand what you need to do:

  1. Check Eligibility: Before starting the application, thoroughly review the eligibility criteria detailed in the previous section to confirm you meet all the requirements.
  2. Prepare Documents: Gather all the necessary documentation that provides evidence for each of the eligibility criteria. This typically includes your passport, Biometric Residence Permit (BRP), bank statements, pay slips, employment letter, Life in the UK test pass certificate, English language test result (if applicable), and details of periods spent outside the UK during your visa.
  3. Complete Application Form: The ILR application form (SET(O)) is available online on the UK government’s official website. Fill it out accurately and honestly, ensuring all the information aligns with the documents you’ve prepared.
  4. Pay Application Fee: As of writing, the application fee for ILR is £2,389. This can be paid online at the end of the application process.
  5. Biometric Information: After you’ve applied, you’ll be asked to provide your biometric information (fingerprints and a photo). This can be done at a UK Visa and Citizenship Application Services (UKVCAS) centre. There’s usually an additional charge for this service.
  6. Attend Appointment: You will need to attend an appointment at a UKVCAS service point to submit your biometric information and have your documents checked. Remember to bring all your original documents with you.
  7. Wait for Decision: Once your application is submitted, the UK Home Office will review it, which typically takes up to six months. During this period, you can stay in the UK until a decision is made.
  8. Receive Your ILR Card: If your application is approved, you’ll receive an ILR card, which provides proof of your status in the UK. With this, you can live, work, or study in the UK without restrictions.

Remember that obtaining Skilled Worker Visa ILR is a significant milestone, granting you permanent residency in the UK. Therefore, it’s essential to take time to understand the process, prepare thoroughly, and submit a well-completed application. If you’re unsure about anything, it may be worth seeking professional advice to ensure your application stands the best chance of success.

6. Common Pitfalls & How to Avoid Them

Transitioning from a Skilled Worker Visa to ILR is an important step, but it can also be a challenging one. Unfortunately, many applicants encounter difficulties along the way. Here are some of the most common pitfalls and ways to avoid them:

  1. Failing to Meet Continuous Residence Requirement: This is one of the most common reasons for ILR refusal. Remember that you must not have spent more than 180 days outside the UK in any 12-month period during the qualifying period. Keep a clear record of your travels and double-check all your dates.
  2. Not Meeting the Income Threshold: The minimum income threshold is a key eligibility requirement for ILR. Ensure you maintain the required income level and have clear, verifiable documentation to support it.
  3. Insufficient Proof of English Language Proficiency: You must provide adequate evidence of your English language skills. If you’re relying on a qualification, make sure it’s recognised by UKVI and is from an approved institution.
  4. Incorrect Application Form: Always ensure you’re using the correct form for your application. The SET(O) form is used for ILR applications by Skilled Worker Visa holders.
  5. Incomplete or Incorrectly Filled Application: An incomplete or wrongly filled application can result in a delay or even refusal. Take your time to go through the application, ensuring all details are accurate and align with your supporting documents.
  6. Failing the ‘Life in the UK’ Test: Studying for and passing the ‘Life in the UK’ test is a crucial part of the application. Don’t underestimate the need to prepare well for this test.
  7. Forgetting to Include Dependents: If you have dependents, they should be included in your application if they are also applying for ILR.

Remember, applying for ILR is a serious and complex process. If you’re unsure about anything, it may be beneficial to seek advice from a legal professional or a trusted immigration advisor. This could save you from making errors that could result in a refusal, delay, or other complications in your application process.

7. Skilled Worker Visa ILR Costs Involved

Obtaining Indefinite Leave to Remain (ILR) status as a Skilled Worker Visa holder can be a significant investment. Here is a detailed breakdown of the costs involved:

  1. ILR Application Fee: As of 2024, the standard application fee for ILR is £2,389 per applicant. This includes the cost for processing your biometric information.
  2. Life in the UK Test Fee: There is a fee of £50 for the Life in the UK test. You will need to pay this fee each time you take the test.
  3. English Language Test Fee: If you’re required to take an English language test, you will also need to consider these fees. The cost can vary depending on the test provider, but it typically ranges from £150 to £250.
  4. NHS Surcharge: While you would have already paid the Immigration Health Surcharge when you applied for your Skilled Worker Visa, it’s not required when you apply for ILR.
  5. Legal Advice: If you decide to seek legal advice or use a professional service to assist with your application, these costs can vary widely depending on the level of service you require.
  6. Priority Service Fee: If you wish to have your application processed faster, the Home Office offers a priority service at an additional cost. The 5-day priority service costs £500, while the 24-hour super priority service is £1,000.

It’s essential to remember that all fees are non-refundable, even if your application is refused or you withdraw your application. Therefore, it’s crucial to ensure you meet all the eligibility criteria before submitting your application to avoid unnecessary expenses.

8. Skilled Worker Visa ILR Processing Time 2024

Applying for Indefinite Leave to Remain (ILR) is a significant milestone on your journey to becoming a permanent resident in the UK, but it also requires patience. The processing time for an ILR application can vary depending on several factors.

  1. Standard Processing Time: The Home Office usually processes most skilled worker visa to ILR applications within six months. This period starts from the date they receive your application.
  2. Priority Services: If you want to expedite the process, you can use the Home Office’s priority services at an additional cost. The 5-day priority service and the 24-hour super priority service can significantly shorten the processing time.
  3. Complex Cases: However, certain cases might take longer, particularly if they are complex. Examples of complex cases could include applications with a criminal record, previous immigration rule breaches, or those requiring further verification or special considerations.
  4. Incomplete Applications: Another factor that can prolong the processing time is if your application is incomplete or if the Home Office requires additional documents from you. It’s crucial to ensure your application is complete and contains all necessary supporting documents to avoid delays.

Remember, while waiting for a decision, you should not travel outside of the UK. If you do so, it could be considered as withdrawing your skilled worker visa to ILR application. Therefore, it’s advisable to plan your application process considering the above timeframes and factors.

9. FAQs on Skilled Worker Visa ILR Requirements

The process of applying for ILR as a Skilled Worker Visa holder might raise some questions. Here are answers to some of the most commonly asked ones:

  1. What is a Skilled Worker Visa?

    The Skilled Worker Visa is designed for non-UK residents who have been offered a skilled job in the UK. It replaced the Tier 2 (General) work visa in December 2020.

  2. What does ILR stand for?

    ILR stands for Indefinite Leave to Remain. It’s a form of permanent residency that can be granted to non-UK citizens who have lawfully lived in the UK for a certain period.

  3. Can Skilled Worker Visa holders apply for ILR?

    Yes, Skilled Worker Visa holders can apply for ILR after they have been living and working in the UK for five continuous years, amongst fulfilling other requirements.

  4. What are the main eligibility requirements for Skilled Worker Visa ILR?

    Key eligibility requirements include demonstrating a knowledge of English, passing the ‘Life in the UK’ test, and not falling under the general grounds for refusal.

  5. How long does it take to process Skilled Worker Visa to ILR application?

    The standard processing time for most ILR applications is up to six months. However, priority services are available for faster processing.

  6. How much does it cost to apply for ILR?

    As of the current regulations, the fee for an ILR application is £2,389. Note, this is exclusive of the cost for the biometric information (£19.20), and charges for optional services like priority processing.

  7. Can my Skilled Worker Visa to ILR application be refused?

    Yes, ILR applications can be refused on several grounds, including failure to meet eligibility criteria, errors in the application, and failure to provide necessary documentation.

Remember that every individual case may vary, and for specific concerns, you should consider seeking professional advice.

10. Conclusion

Transitioning from a Skilled Worker Visa to Indefinite Leave to Remain (ILR) is a significant step towards making the UK your permanent home. However, this process involves meeting certain eligibility criteria, a meticulous application process, costs, and potential challenges that you need to navigate wisely.

In this guide, we’ve walked you through the key elements of applying for ILR as a Skilled Worker Visa holder, from understanding the Skilled Worker Visa, the process of transitioning to ILR, eligibility requirements, the application process, common pitfalls and their solutions, associated costs, processing time, and we’ve also addressed some frequently asked questions.

Remember, while the journey may seem complex, it’s certainly achievable with the right preparation and understanding. However, every individual case is unique and the information provided here is intended to be a general guide. If you’re unsure or need specific assistance, don’t hesitate to seek professional advice. Navigating immigration rules can be challenging, but with the right approach, your dream of settling in the UK can become a reality. Good luck!

For further details relating to skilled worker visa to ILR please refer to Immigration Rules Appendix Skilled Worker.