Skilled Worker Visa to ILR

Skilled Worker visas are issued for up to 5 years. At the end of this period, you must either extend your visa, switch to another category, or apply for settlement in the UK, known as indefinite leave to remain (ILR). The Skilled Worker visa provides a pathway to ILR, granting permanent residency.

This guide explains the process of transitioning from a Skilled Worker visa to ILR, covering eligibility and application requirements.

What is ILR for Skilled Workers?

ILR for Skilled Workers grants permanent residency in the UK, free from immigration restrictions. This contrasts with further leave to remain (FLR), which allows continued residency for a limited time under certain conditions. As a Skilled Worker visa holder, you can apply to extend your visa multiple times, provided you meet the criteria. However, obtaining ILR means you can live and work in the UK indefinitely, without further visa renewals, and you'll no longer need to pay the annual healthcare surcharge.

After holding ILR for 12 months, you can apply for British citizenship and a British passport.

Requirements for Switching from a Skilled Worker Visa to ILR

A Skilled Worker visa allows foreign nationals to work in the UK for up to 5 years with an eligible job and a licensed sponsor. After holding a Skilled Worker visa for 5 years, you may apply for ILR. You must meet the continuous residence requirement, the sponsorship and salary requirement, and the knowledge of life in the UK requirement.

Continuous Residence Requirement

To qualify for ILR, you must have spent 5 continuous years lawfully in the UK. This time can include other visa categories, such as the Scale-up, Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson routes, or some Tier 1 visas.

Absences from the UK must comply with Appendix Continuous Residence, which allows up to 180 days of absence per 12-month period. Exceptions to this rule include travel disruptions due to natural disasters, military conflict, or compassionate reasons such as serious illness or death of a relative.

Sponsorship Requirement

Your most recent sponsor must still be Home Office-approved at the time of your application decision. They do not need to issue a new Certificate of Sponsorship (CoS), but must confirm that your employment is ongoing and that your salary meets the minimum threshold for ILR.

Skilled Worker Visa to ILR Salary Requirement

New salary rules apply from 4 April 2024. For most applicants, the minimum salary must meet or exceed £38,700, or the going rate for your job—whichever is higher. Health and Care Workers have a lower threshold of £29,000.

Lower salary thresholds may apply in certain cases, with the minimum set at £30,960. Specific roles on the Immigration Salary List or Shortage Occupation List, as well as some healthcare or education roles, may have a threshold of £23,200.

Transitional Salary Thresholds for CoS Issued Before April 2024

If your CoS was assigned before 4 April 2024, transitional salary rules apply, with a minimum salary of £29,000. These rules remain in place until 2030, provided you remain on the Skilled Worker route and apply for ILR before that deadline.

Knowledge of Life in the UK Requirement

You must pass the ‘Life in the UK’ test unless you are over 65 or have a disability preventing you from taking the test. The test includes 24 questions on British customs and traditions, and you must score at least 75%. The test can be booked online, and you’ll need a unique reference number upon passing for your ILR application.

When Can You Apply for ILR?

You can apply for ILR no earlier than 28 days before completing the 5-year qualifying residence period. Applications submitted too early will be refused.

How to Apply for ILR

Applications are made online while you are in the UK, and must be submitted before your current visa expires. You may need to provide documents, including proof of employment and salary, a valid passport, and confirmation from your sponsor of your continued employment.

Processing Time and Costs

ILR applications typically take up to 6 months, though faster services are available for an additional fee. The standard application fee is £2,885. A 5-day priority service costs £500, and a next-working-day super priority service costs £1,000.

The ‘Life in the UK’ test costs £50, with extra fees for study materials.

What Happens If Your Visa Expires During Your ILR Application?

If your visa expires while your ILR application is pending, you can continue working provided the application was submitted before your visa expired. It's essential to ensure your application is valid, with the correct fees and supporting documents.

Can Dependants Apply for ILR?

Dependants, including spouses or partners and children under 18, can apply for ILR if they meet the relevant requirements, such as continuous residence and, for those over 18, the knowledge of life in the UK and English language requirements.

If you require assistance with your ILR application please contact us now on 0330 1337 986 or email me directly rashid@uvslaw.co.uk