Indefinite Leave to Remain based on 5 years’ continuous residence as a Work Permit/Tier 2 visa holder
If you would like a free assessment and advice regarding your potential ILR application (either the Premium service or postal application), please contact us online, or call us now on 0845 226 4030.
In order to qualify for Indefinite Leave to Remain (ILR) status on the basis of a Work Permit/Tier 2 visa, applicants must meet a range of different criteria. The applicant must have 5 years of continuous residence in the UK as a Work Permit visa holder, Tier 2 visa holder or a combination of certain other work-related visas where the most recent visa was a Work Permit or Tier 2 visa.
Applications can generally only be submitted up to 28 days prior to the qualifying residence period being met. This means that a Work Permit holder can only apply for ILR after they have spent at least 4 years and 11 months as a Work Permit holder.
Any periods of unemployment or periods when the individual was working without a valid Work Permit/Tier 2 visa will not count towards the qualifying period.
In addition to the above, the applicant must also demonstrate knowledge of English Language and Life in the UK. It is necessary for the main applicant to complete the ‘Life in the UK Test’ to achieve this. Dependants (aged between 18 and 64) of main applicants also need to meet the above requirement and may also complete the Life in the UK Test. For dependants who do not have a high standard of English, it will be necessary to take and pass a course in English and citizenship.
The UK Border Agency also requires Work Permit and Tier 2 visa holders wishing to apply for ILR to provide confirmation from their employer of the details of their employment. This includes a statement that they earn the appropriate rate for the job that they are doing. The appropriate rate is defined by what is stated on the UK Border Agency’s occupational code of practice for this position. The codes of practice are the UK Border Agency’s list of jobs, which also detail the appropriate salary for each position. In some cases, the codes of practice may stipulate a minimum salary considerably higher than the salary the applicant’s job was originally approved for. We are able to offer an initial assessment to match up your job with the relevant Code of Practice and the required salary for the role. This takes the uncertainty out of the process of applying for ILR.
Work Permit and Tier 2 visa holders must also be free of all unspent convictions at the time of application. The period of time for the conviction to be spent varies; further information can be found here. Please note, the rules state that any unspent convictions count as an automatic reason for refusal.
Please note that there are other criteria that need to be met in order for an applicant to obtain ILR.
If you are interested in making an ILR application, please contact us for initial advice on the strength of your case and the requirements.