Work Related Settlement

Work Related Settlement

Tier 1 General Highly Skilled Worker: ILR in the UK

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 five consecutive 12 calendar 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.

Tier 2 General Skilled Worker: ILR in the UK
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 of the five consecutive 12 calendar 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;
  • You are still required for the employment in question, as certified by your employer; and
  • 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.

Tier 2 Intra-Company Transfer: ILR in the UK
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 five consecutive 12 calendar 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.

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