Personal Immigration

WORK RELATED SETTLEMENT IN THE UK

WORK RELATED SETTLEMENT IN THE UK

The UK offers several routes to settlement by working in the UK.  Work related settlement routes include the Tier 1 General Highly Skilled Worker, Tier 2 General Skilled Worker and Tier 2 Intra-Company Transfer categories of the points-based system, the Sole Representative of an Overseas Business category and the UK Ancestry visa.

What are the main eligibility requirements for work related settlement?

Whichever category you apply under, in order to qualify for indefinite leave to remain you will need to satisfy UK Visas and Immigration that:

  • You have spent a continuous period of 5 years lawfully in the UK in a permitted category;
  • You have not been absent from the UK for more than 180 days in any rolling 12 calendar month periods preceding the date of application;
  • You have sufficient knowledge of the English language (unless an exemption applies);
  • You have taken and passed the Life in the UK test (unless an exemption applies).

Each of the work related settlement categories also have their own additional eligibility criteria, which are summarised below.

What else do I need to know about work related settlement?

If you qualify for settlement, or indefinite leave to remain, you will be able to stay in the UK without any time restrictions.

Your settled status will lapse if you are absent from the UK for more than 2 years. If your ILR has lapsed, you may wish to consider applying for a Returning Resident visa in order to return to the UK.

Achieving permanent resident status is central to qualifying for a British passport, since Naturalisation as a British Citizen requires that the applicant be settled in the UK.

You will not need to satisfy the English language requirement or pass the Life in the UK test if you are under 18 or at least 65 years of age. The Home Office also has a discretion to waive the requirement if it would be unreasonable to expect you to fulfil that requirement due to a mental or physical condition. Various other exemptions also apply.

If you are already in the UK but are unable to satisfy the English language requirement, you may be able to extend your permission to stay, so that you can prove your knowledge of English.

How our immigration barristers can help

Our immigration barristers regularly advise and assist employees and skilled workers, across a range of industries and in companies of all sizes, to achieve work related settlement in the UK.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for work related settlement or professional assistance with preparing an application for indefinite leave to enter or remain, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to family members as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

  • Indefinite Leave to Remain as a Tier 1 General Highly Skilled Worker

    If you are currently in the UK as a Tier 1 General migrant, a Highly Skilled migrant, a Writer, Composer or Artist or a Self-employed lawyer, applications for indefinite leave to remain can be made up until 6 April 2018.

    In order to qualify for permanent residence in the UK as a Tier 1 (General) highly skilled worker, you will need to show that:

    • You have spent a continuous period of five years lawfully in the UK in a permitted category, of which the most recent period must have been spent with leave as a Tier 1 (General) migrant (if you received an HSMP approval letter issued on the basis of an application made before 3 April 2006 then the period may be 4 years);
    • You have not been absent from the UK for more than 180 days in any of the 12  month periods preceding the date of application, any absence was for a purpose consistent with your basis of stay (including paid annual leave) or for serious or compelling reasons and you can provide specified documents to evidence the reasons for the absences;
    • You qualify for either 75 points (if you have, or have had, leave under the Tier 1 (General) category before 19 July 2010; or if you are here as a Highly Skilled Migrant, a Writer, Composer or Artist, or Self-employed lawyer) or 80 points (in all other cases) for attributes (if you received an HSMP approval letter issued on the basis of an application made before 7 November 2006 then you need to demonstrate that you are economically active in the UK);
    • You have sufficient knowledge of the English language and about life in the UK.
  • Indefinite Leave to Remain as a Tier 2 General Skilled Worker

    In order to qualify for indefinite leave to remain in the UK as a Tier 2 General migrant, you will need to show that:

    • You have spent a continuous period of 5 years lawfully in the UK as a Tier 2 (General) migrant or in any combination of the relevant categories as set out in Paragraph 245HF(c) of the Immigration Rules; and
    • You have not spent more than 180 days outside the UK in any rolling 12 month period preceding the date of application and provide specified documents to evidence the reasons for the absences, which must be in connection with the employment or for a serious or compelling reason; and
    • You are not in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded;
    • You are still required for the employment in question, as certified by your employer;
    • You are paid more than £35,000. From 6 April 2018 the minimum salary will increase to £35,500. Thereafter it will increase annually to £35,800, £36,200, £36,900 and finally £37,900 on 6 April 2022. This may not apply to you if your job is PhD level; if you have ever worked in a shortage occupation during your Tier 2 stay; or if you are basing your indefinite leave to remain application on a period as a qualifying work permit holder or a period of Tier 2 leave granted before 6 April 2011;
    • In addition to the salary requirements above, you are paid at or above the appropriate rate for the job as stated in the Codes of Practice;
    • You have demonstrated sufficient knowledge of the English language and life in the UK.
  • Indefinite Leave to Remain as a Tier 2 Intra-Company Transfer Worker

    If you were initially granted leave in the Tier 2 ICT category on or after 6 April 2011, then you will not be eligible for Indefinite Leave to Remain. If you were granted leave as a Tier 2 ICT migrant before 6 April 2010, you may be eligible for indefinite leave to remain if you satisfy UK Visas and Immigration that:

    • You have spent a continuous period of 5 years lawfully in the UK as a Tier 2 ICT migrant or in any combination of the relevant categories as set out in Paragraph 245GF(c) of the Immigration Rules; and
    • You have not spent more than 180 days outside the UK in any of the rolling 12 month periods preceding the date of application and provide specified documents to evidence the reasons for the absences, which must be in connection with the employment or for a serious or compelling reason; and
    • You are not in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and
    • You are still required for the employment in question, as certified by your employer; and
    • You are paid at or above the appropriate for the job as stated in the Codes of Practice; and
    • You have demonstrated sufficient knowledge of the English language and life in the UK.
  • Indefinite Leave to Remain as a Sole Representative of an Overseas Business

    In order to qualify for indefinite leave to remain in the UK as a Sole Representative of an Overseas Business, you will need to show that:

    • You have spent a continuous period of 5 years lawfully in the UK as the sole representative of an overseas business; and
    • You have not spent more than 180 days outside the UK in any rolling 12 month period preceding the date of application and provide specified documents to evidence the reasons for the absences, which must be in connection with the employment or for a serious or compelling reason; and
    • You met the requirements for an extension of stay throughout the 5 year period; and
    • You are still required for the employment in question, as certified by your employer; and
    • You have demonstrated sufficient knowledge of the English language and life in the UK.
  • Indefinite Leave to Remain as a Person with UK Ancestry

    In order to qualify for indefinite leave to remain in the UK on grounds of United Kingdom Ancestry you will need to demonstrate that:

    • You have spent a continuous period of 5 years lawfully in the United Kingdom with a UK Ancestry Visa; and
    • You are employed, self-employed or seeking employment at the date of application and have been throughout most of the five years; and
    • You have not been absent from the UK for more than 180 days in any rolling 12 month period preceding the date of application; and
    • You can provide specified documents to evidence any absence that was for a serious or compelling reason; and
    • You have sufficient knowledge of the English language and life in the UK.
  • Indefinite Leave to Remain as a Family Member (Dependents)

    Your dependent partner may qualify for ILR if they have permission to be in the UK as your partner and they have been living with you in the UK for at least 2 years (if they applied before 9 July 2012) or 5 years (if they applied on or after 9 July 2012). If aged 18 to 64, your partner will need to pass the Life in the UK test and an English language test.

    Your dependent child may qualify for ILR if they were previously given permission to stay in the UK as your child. You and your child’s other parent should generally both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle. Your child can also apply for settlement if you are the child’s sole surviving parent, you have sole responsibility for the child’s upbringing or there are serious or compelling family or other considerations.

  • Naturalisation as a British Citizen

    If you are at least 18 years old and have been granted indefinite leave to remain in the UK, you may be eligible to apply for Naturalisation as a British citizen.

    In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our work related settlement team on 0203 617 9173 or complete our enquiry form.

open
close

LATEST ARTICLES EXPERT COMMENT AND INSIGHT

Expert advice & representation from immigration barristers that you can rely on.

Google+ - Five Stars

Read our 200+ five out of five star Google+ reviews from our previous clients.

More
AWARDS