Navigating the Skilled Worker visa route to Indefinite Leave to Remain (ILR) is a significant milestone for many overseas professionals working in the UK. This status offers long-term stability and opens the door to British citizenship. Below, we delve into the key requirements and processes involved in transitioning from a Skilled Worker visa to ILR, offering a detailed, step-by-step guide for applicants.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) allows individuals to reside in the UK permanently, free from immigration restrictions. Unlike Further Leave to Remain (FLR), which grants temporary permission, ILR offers greater security, including access to public benefits and the NHS without paying the annual healthcare surcharge. After holding ILR for 12 months, individuals can apply for British citizenship, paving the way for a British passport.
For Skilled Workers, ILR represents the culmination of five years of lawful residence under this visa category. It ensures a future in the UK without the need for periodic extensions, provided all eligibility criteria are met.
Eligibility Requirements for Skilled Worker ILR
To qualify for ILR under the Skilled Worker route, applicants must satisfy multiple criteria outlined in the UK Immigration Rules, specifically Appendix Skilled Worker. These include:
- Continuous Residence Requirement
Applicants must demonstrate a continuous period of five years in the UK under the Skilled Worker route or a combination of eligible visa categories, such as:
- Scale-up route
- Global Talent route
- Innovator Founder route
- T2 Minister of Religion route
- International Sportsperson route
- Tier 1 Migrant (except Tier 1 Graduate Entrepreneur)
Counting Absences
Absences from the UK must not exceed 180 days in any 12-month period during the qualifying five years. Exceptions include:
- Travel disruptions due to natural disasters, military conflicts, or the pandemic.
- Personal compelling circumstances such as illness or bereavement.
- Sponsorship and Salary Requirements
Applicants must still be sponsored by a Home Office-approved employer at the time of application. Sponsors must confirm:
- The continued need for the applicant’s role.
- The applicant’s salary meets the minimum threshold.
Salary Thresholds
New rules implemented on 4 April 2024 raised the general minimum salary requirement to £38,700 or the going rate for the job, whichever is higher. However, exceptions apply:
- Health and Care Workers: Minimum threshold of £29,000.
- Transitional Arrangements (Pre-4 April 2024 CoS): Minimum salary of £29,000 until 3 April 2030.
- Lower Thresholds: Certain roles (e.g., shortage occupations, scientists, and teachers) may qualify for reduced thresholds of £23,200 or the going rate.
- Knowledge of Life in the UK Requirement
Applicants aged under 65 must pass the Life in the UK test. The test comprises 24 multiple-choice questions about British history, culture, and customs, based on an official handbook. Achieving a pass score of 75% or higher is mandatory, and the reference number must be included in the ILR application.
Application Process for ILR
When to Apply
Applications must be submitted no earlier than 28 days before completing the five-year qualifying period.
How to Apply
Applications are made online via the official GOV.UK platform. Supporting documents include:
- A valid passport or travel document.
- Employer confirmation of sponsorship and salary compliance.
- Payslips and bank statements from the most recent month.
Fees
The application fee for ILR is £2,885. Expedited decision options are available:
- 5-day priority service: £500.
- Next-working-day super-priority service: £1,000.
Processing Times
Decisions are typically issued within six months, though priority services can significantly reduce this timeline.
Special Considerations for Dependants
Spouses, partners, and dependent children under 18 can apply for ILR alongside the primary applicant. Adult dependants must meet additional criteria, including the Knowledge of Life in the UK test and English language proficiency.
Reflections on the Skilled Worker Route
The Skilled Worker visa and its pathway to ILR have revolutionised the UK’s immigration landscape, attracting global talent across critical sectors. However, with evolving salary thresholds and administrative requirements, applicants must remain vigilant and proactive.
For employers, the Skilled Worker route underscores the importance of maintaining compliance with sponsorship obligations. For employees, understanding these rules is essential to avoid delays or complications.
The route to ILR is undoubtedly a rigorous process, but for many, it is a gateway to a secure and prosperous life in the UK. With the right guidance and preparation, applicants can confidently navigate this crucial transition.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.