Skilled Worker Visa to ILR

After spending a certain amount of time in the UK on a Skilled Worker visa, you may qualify for indefinite leave to remain (ILR) in the UK.

The required time in normally five years. During that time, you must have lived continuously in the UK and met the requirements for your Skilled Worker visa during all of that time.

You must also continue to be required for your job role after you obtain ILR, which must be confirmed by your employer.

There are also other requirements you must meet, such as passing the Life in the UK Test and proving you meet the English language requirements.

Page Contents

• What’s the difference between a Skilled Worker Visa and ILR?
• Am I eligible to apply for settlement?
• Time spent in the UK requirement
• Life in the UK Test and English Language Requirements
• Applying for Indefinite Leave to Remain on a Skilled Worker visa
• What supporting documents do I need?
• Salary and sponsorship requirements
• Skilled worker visa to ILR Fees and Processing time
• ILR for Skilled Worker dependent visa
• How Can Total Law Help?

Having indefinite leave to remain, or settling in the UK, means living without the restrictions of a points-based visa.

To stay in the UK, you can extend your Skilled Worker visa for up to six years. You must still be working in a skilled role with an employer sponsor. However, after five years in the UK, you are eligible to apply for Indefinite Leave to Remain (ILR) and start your journey to settlement.

With ILR status, you are free to live and work anywhere in the UK, study and access state benefits and support. You are also allowed a longer absence from the country for up to two years. After 12 months of having your status you can also apply to British Citizenship. While the process is not automatic, it is a big step towards attaining citizenship in the UK.

If you have a valid Skilled Worker visa and have lived lawfully in the UK for five years, you are eligible to then apply for indefinite leave to remain.

Other requirements to be aware of are:

• Passing a Life in the UK test – only the digital reference number rather than the certificate itself;
• Absences from the country no longer than 180 days in a 12 month period
• Still meeting the salary requirements for your job – this must be confirmed by your employer
• Still needing to be required for your job even after you obtain ILR

To be eligible for ILR with a Skilled Worker visa, you must have lived in the UK continuously for five years.

You may be able to include time spent in the UK on other types of visas to contribute to this requirement. Eligible visa types include the following:

• Any Tier 1 visa – except Tier 1 (Graduate Entrepreneur)
• Health and Care Worker or Tier 2 (General)
• Scale-up Worker
• T2 Minister of Religion or Tier 2 (Minister of Religion)
• International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
• Innovator Founder
• Global Talent
• Representative of an Overseas Business

Absences from the UK

To meet this requirement, you must not have spent no more than 180 days outside the UK in any 12 months.

You must provide proof to the Home Office that you have not exceeded this amount by accurately calculating your total time spent outside the UK and showing documentary proof that absences comply with this requirement.

You must pass the Life in the UK Test to be eligible for ILR.

The Life in the UK test is an exam to test your knowledge of the traditions, customs and history of Britain. To pass you must score 75% or above.

The test costs £50 and you must pay the fee for every attempt of the test you make, although you may take it as many times as you need to. There are study guides, books and lots of online resources to help you.

English Language tests are no longer required specifically to make the Indefinite Leave to Remain application – the Home Office now recognises applicants will have already proved the required level of English in their original visa application.

You must apply online via the gov.uk website for ILR.

The steps to apply are as follows:

1. Log on to the gov.uk website and find the correct application form.
2. Fill in your personal details and upload your supporting documents. These include proof of your passing of the Life in the UK Test, proof that you meet the salary requirements and a letter from your employer confirming you are still needed for your job.
3. Pay the application fee.
4. Attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometrics information.
5. Send your application and await your decision.

You must apply before your current visa expires.

You must submit relevant supporting documents in their original form to evidence your eligibility. Your papers must be written in English or accompanied by a translation. Relevant documents to gather include:

• Two passport-sized photographs with your full name written on the back to prove identity;
• Birth certificate;
• Continuous residence in the UK, such as utility bills and tenancy agreements;
• Life in the UK and English Test pass certificates;
• Sources of income and financial details. Payslips, letters from your employer, and bank statements are considered as adequate evidence

Sponsors are required for a successful Skilled Worker visa application; you must have a sponsor from your employer that is willing to also support your settlement application. They must still be approved by the Home Office.

The rules state that the sponsor must state they are happy for the applicant to work for them for the foreseeable future. However once you have Indefinite Leave to Remain status, there is no limit on the type of work you can do.

You must also meet the salary requirements. This will typically either be £41,700 a year or the going rate for your job, whichever is higher.

You may have to meet different salary requirements if:

• You work in healthcare or education
• Your job is on the Immigration Salary List
• You got a certificate of sponsorship for your first Skilled Worker (or equivalent) visa before 4 April 2024 and have held Skilled Worker visas since then

It costs £3,029 to apply for ILR on a Skilled Worker visa.

You will have to pay this fee when applying. Any dependents also applying for ILR at the same time as you must also each pay this fee.

It will typically take up to 6 months for the Home Office to review your application and reach a decision. You may be able to use the priority service or the super priority service to have your application processed quicker, although there are additional fees for using these services.

Processing times for your application may take longer if your application is complex, or if your supporting documents need to be verified, if you need to attend an interview, or if you have a criminal conviction.

Your family members can also apply for ILR at the same time as you if they are eligible.

In order to be eligible, all of the following must apply:

• They have permission to be in the UK as your partner (as a ‘dependant’ on your visa)
• They’ve lived in the UK with you as your dependant for at least 5 continuous years
• Your relationship is genuine
• You intend to keep living together
• You have enough income to support yourselves and your dependants
• You’re not using public funds

In order for children to be eligible:

• They must not be married or in a civil partnership
• They must continue to live with you and be supported by you without using public funds
• You and your child’s other parent are both currently applying to settle, or are already settled

Your dependents must also pass the Life in the UK Test (if aged 18 to 64) and demonstrate they meet English language requirements.