If you’ve had a Skilled Worker Visa for 5 years and have lived continuously in the UK during that time, you might be eligible to apply for Indefinite Leave to Remain (ILR). This status allows you to live in the UK without immigration restrictions and is an important step toward becoming a British citizen. If you are married to a British citizen, you may be able to apply for Naturalisation as soon as you receive your ILR, without waiting for the usual 12-month period.
Here’s everything you need to know about applying for ILR as a Skilled Worker.
What Are the Requirements for ILR as a Skilled Worker?
To apply for ILR, you must meet certain eligibility, suitability, and validity requirements.
1. Eligibility Requirements
To qualify for ILR, you must:
- Have lived continuously in the UK for 5 years. This period can include time spent on other eligible visas like Tier 2 (General), Global Talent, or Innovator Visas. However, your most recent visa must be either a Skilled Worker Visa or a Tier 2 (General) Visa.
- Meet the continuous residence requirement: You cannot be absent from the UK for more than 180 days in any 12 months. If you exceed this limit, you must show valid reasons (e.g., family emergencies, illness).
- Pass the Life in the UK Test: You need to show sufficient knowledge of British life and culture by passing this test. If you’re under 65, you must take the test. You can book the test at one of the 30 approved centers.
- Meet the salary requirement: You must earn at least £25,600 per year, or the “going rate” for your job (whichever is higher). For roles in shortage occupations, the salary requirement may be lower (at least £20,480).
2. Suitability Requirements
Your application may be refused if:
- You have provided false or incomplete information.
- You have a criminal record either in the UK or abroad.
- You have breached immigration rules, such as overstaying your visa.
3. Validity Requirements
For your ILR application to be valid, you must:
- Pay the required application fee.
- Provide your biometric data (fingerprints and photos).
- Have a valid passport or other travel documents.
- Be physically present in the UK when you apply.
If any of these conditions are missing or incorrect, your application will be rejected.
4. Language and Life in the UK Test
You must demonstrate a good understanding of the English language and life in the UK. If you’re under 65, you will need to pass the Life in the UK Test. You do not need to prove your English again if you already did this when you first applied for your Skilled Worker visa.
5. Employer Requirements
Your current employer must:
- Be an approved sponsor.
- Confirm that your role will continue to be needed in the UK.
- Ensure your salary meets the minimum threshold for your job.
How to Apply for ILR as a Skilled Worker
- Verify you meet the requirements: Once you have been in the UK for 5 years and meet all the eligibility criteria, you can apply for ILR no earlier than 28 days before your 5th anniversary.
- Complete your ILR application: Applications are made online through the gov.uk website. You will need to complete the SET(O) form, submit biometrics, and pay the application fee.
- Pay the fees: The application fee is £2,404. You can also apply to bring your partner and children if they meet the eligibility requirements. If you need a faster decision, you can pay extra for priority service (£500) or super priority service (£800).
- Biometric Residence Permit (BRP): After your application, you will provide biometric details and receive a Biometric Residence Permit.
How Long Does the ILR Application Take?
The processing time for ILR applications can take up to 6 months. If your application is complex, it may take longer.
Can I Extend My Skilled Worker Visa Instead of Applying for ILR?
Yes, the Skilled Worker Visa does not have a time limit, so if you are not eligible for ILR yet, you can extend your visa. As long as your employer is a licensed sponsor and your role is eligible, you can keep renewing your Skilled Worker visa.
Applying for Indefinite Leave to Remain (ILR) after 5 years on a Skilled Worker visa is an important milestone that frees you from immigration restrictions. You’ll be able to live and work in the UK without needing to extend your visa. However, it’s crucial to meet all the eligibility, suitability, and validity requirements.
If you’re unsure about the application process or need help with your ILR application, Law and Visas can guide you through each step to ensure a successful application.
