Applying for Indefinite Leave To Remain as a Skilled Worker Visa Holder 

What is the UK Skilled Worker Visa? 

A Skilled worker visa is a visa through which any foreign national can work in the UK for any authorised firm. Those in qualified professions with abilities at RQF Level 3 or higher, which is comparable to UK A-levels, are eligible for it, and it will replace the Tier 2 visa in 2020. 

Given your Certificate of Sponsorship, this long-term visa may be initially issued for a maximum of five years. Retaining your visa’s validity requires you to remain in the same position as your sponsoring company. If changing jobs or employers, one must apply for a new skilled worker visa.

Before the five years have passed, you may renew this visa. A year later, you can apply for British citizenship and indefinite permission to stay (ILR). get an employment offer, fulfill eligibility requirements, and submit an application for a UK skilled worker visa.  

If the Skilled Worker Visa isn’t what you require, consider other career paths. For additional information, visit our website.  

Skilled worker visa to ILR:  

For those wishing to live permanently in the UK, the Skilled Worker Visa presents a big benefit. Once you’ve lived for five years, you may apply for permanent residence via Indefinite Leave to Remain (ILR). It’s important to meet the continuous residency criterion; over the five years, you must have spent more than 180 days outside of the UK.  

After you have ILR, you won’t have to pay the immigration healthcare fee or apply for visas anymore. You may apply for UK citizenship after a year of holding an ILR. 

The five-year term that is necessary for indefinite leave to stay (ILR) might include time spent on several visas, such as the Tier 1 visa, the Tier 2 visa (for Ministers of Religion or Sportspersons), the Global Talent visa, the Representative of an Overseas Business visa, and the Innovator visa. Time spent on the Tier 1 Graduate Entrepreneurship program, however, is not deducted from this total.  

In order to be eligible for ILR, you need to have:  

• Succeeded in passing the Life in the UK exam, which was intended for those between the ages of 18 and 65.
• Employment with the sponsor licence holder going forward.  
• Met the required minimum salary.  
• Declared to speak and understand English well enough.  

When is it possible to apply to become a UK permanent resident?  

Your sponsorship probably lasted for five years if you entered the UK on a skilled worker visa. You have a few options when your five-year visa is about to expire. 

Submitting an Application: There is no limit on the number of times you may submit an application to renew your skilled worker visa. To support your application, a supporting employer is still required, so keep that in mind.  

Transferring Visas: If a different sort of visa, such as a family visa, better fits your situation, you have the option to transfer to it.  

Settling in the UK: A big choice is made while deciding to settle in the United Kingdom. Essentially, you are requesting permanent resident status by filing for indefinite permission to stay.  

Leaving the UK: Naturally, if leaving the UK fits with your plans and objectives, you always have the option to do so.  

While residing in the UK, it is essential that you keep your work visa valid. Leaving it to expire may result in you being labelled an overstayer, which might have detrimental effects on your immigration status and future requests for visas.  

It is important to remember that if you decide to prolong your skilled worker visa, your company will still need to sponsor your job. For the visa extension and the immigration health surcharge, this entails paying the required costs. A certificate of sponsorship and the immigration skills fee are additional expenses that your company will cover. 

Living in the UK allows you to choose your job without having to worry about sponsor licences; you can also avoid paying application fees and other related costs. This is why many companies and workers find it beneficial to settle here. 

Eligibility 

You need to fulfil certain requirements in order to be qualified for indefinite leave to stay (ILR) in the UK.

• Residency Requirements: It is necessary for you to have worked and resided in the UK for a minimum of five years. There are strict guidelines governing what constitutes a valid time spent in the UK.
• Salary Requirements: The salary requirements specified for your visa category must be met.
• Job Continuity: Even after obtaining ILR, you must remain employed and continue to make the required salary. This will be verified by a document that your employer (sponsor) must supply. 

There are other ways to apply for indefinite leave to remain if you don’t fulfill the requirements under your T2 or skilled worker visa.

In terms of understanding of language and life in the UK,

• You must arrange and successfully complete the Life in the UK Test if you are between the ages of 18 and 64.
• When applying for settlement with your T2, Tier 2, or Skilled Worker visa, you are not required to reaffirm your English language skills. This is because you met this prerequisite when you applied for a visa the first time.

Applying for indefinite leave to remain as a Skilled Worker Visa holder 

In order to be eligible for indefinite leave to remain (ILR) as a holder of a skilled worker visa, you must first fulfill the residence requirement, which requires you to remain continuously in the UK for five years. It is vital that this stay be legal and uninterrupted, guaranteeing that your presence in the nation has been continuous during this time.

You are not prohibited from leaving the UK during this period by the five-year rule. The immigration regulations permit vacations, business trips, and brief stays overseas. To make sure it doesn’t affect your continuous residence requirement, it’s important to monitor the amount of time you spend outside of the UK.

You need to satisfy a few more requirements in addition to the residency requirement:

• Employment under a Sponsor Licence: In order to be eligible for sponsorship, you must be employed by a company that has a current sponsor licence. This confirms to the fact that, in accordance with immigration laws, your employment in the UK is sponsored by an approved employer.
• Minimum pay scale: In accordance with your work visa, your application for indefinite leave to remain must satisfy the minimum pay level. This prerequisite guarantees your economic activity and constructive contribution to the workforce in the United Kingdom.
• The Life in the UK : This test is a prerequisite that measures your familiarity with British society, culture, and history. This test aims to verify that people applying for settlement in the UK have information about the nation they want to call home.
• Immigration and Settlement Requirements: Fulfilling the fundamental prerequisites for immigration and settlement is essential. This includes keeping a spotless immigration record and staying away from any actions that could cast doubt on your character in the eyes of the Home Office, such as major criminal convictions.

The minimal salary needed in order to apply for an indefinite leave to remain

In order to transfer from a skilled worker visa to indefinite leave to remain (ILR), your employer must attest to the fact that you will continue to be paid at least the minimum wage needed to obtain a valid skilled worker visa. Some holders of skilled worker visas have expressed concern about this provision, fearing that the higher minimum wage barrier may prevent them from being eligible for ILR.

Those who received a certificate of sponsorship prior to April 4, 2024, are subject to transitional regulations concerning the minimum salary requirement. The expected duration of these regulations is 2030. Applicants must submit an ILR application by April 4, 2030, in order to take advantage of these transitional regulations.

As per the transitional provisions, holders of skilled worker visas requesting an ILR must be paid £29,000 gross or the going rate for their standard occupational classification coded employment, whichever is higher.

The new minimum wage criterion will be applicable to holders of skilled worker visas whose certificates of sponsorship were granted after April 4, 2024, when they ask the Home Office to take their ILR application into consideration. This implies that their pay must be at least £38,700, or the market rate for the position, whichever is greater. The value may be lower in certain circumstances, such as for those with lower minimum income criteria on Health and Care Worker Visas or if the position is eligible for a lower wage based on the immigration salary list (although jobs on this list are no longer eligible for the 20% discount).

Indefinite Leave to Remain (ILR) lawyers expect a rise in questions about whether an applicant’s minimal wage qualifies for ILR. If you have any issues regarding your eligibility, you may reach out to us online or by calling our professionals at 8009702727 

Conclusion: 

If your family members have been in the UK for five consecutive years and fulfill other requirements, they should be able to apply for indefinite leave to stay simultaneously with you if you came in the country with them on a dependant visa. If you’re unsure about their eligibility, our ILR Lawyers can evaluate their case and offer advice on settlement or visa possibilities

A group of skilled immigration lawyers at Claim Time Immigration focuses on handling individual visa petitions and settlements. We provide timely and efficient legal assistance so you can focus on relocating to the UK and making it your home.

Get in touch with Claim Time Immigration at 8009702727 or via our online form for guidance on indefinite leave to remain and immigration law.