Work Related Settlement
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.
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.
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.
If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.
For more information or to book an initial consultation, please contact us.