The Skilled Worker Visa is a route to settlement after completing the required residency periods. The immigration rules under the appendix, sets out the validity and the suitability requirements for the indefinite leave to remain (ILR) application, also referred as settlement application as a Skilled Worker.
When applying for the indefinite leave to remain application as a Skilled Worker, there are no requirements of the certificate of sponsorship (CoS) or Immigration Health Charge.
Indefinite Leave to Remain (ILR) Requirements of the Skilled Worker Visa
As a skilled Worker, you will need to ensure a valid application is lodged and you meet the requirements of the immigration rules at the date of application. The requirements of 5 years on the category are required unless you have completed the following leave to enter or remain on continuous periods:
Tier 2 (General).
T2 Minister of Religion / Tier 2 (Minister of Religion).
T2 Sportsperson / Tier 2 (Sportsperson).
Representative of an Overseas Business.
Tier 1 (Exceptional Talent).
Tier 1 (Entrepreneur).
Tier 1 (Investor).
Tier 1 (General).
In order to apply for indefinite leave to remain as a Skilled Worker, the last grant should be under the Skilled Worker or Tier 2 General route.
Sponsorship for ILR under Skilled Worker Visa
The employer must hold a sponsor licence during the periods of sponsorship and at the date of application for the Skilled Worker Visa indefinite leave to remain (ILR) application.
At the date of application, the Skilled Worker must ensure that the specified salary is being paid and in line with the appendix of the immigration rules. The Home Office will conduct checks with the HMRC on salaries.
Where an applicant who is under the Skilled Worker Visa is absent from work, which can include the following:
statutory maternity leave, paternity leave, or parental leave.
statutory adoption leave.
assisting with a national or international humanitarian or environmental crisis (providing their sponsor agreed to the absence for that purpose).
taking part in legally organised industrial action.
As a Skilled Worker, if you have been absent for the above reasons, the Home Office will consider your pay from the date of return as long as the information and evidences are provided for the reasons of absence.
Refusal of your ILR under Skilled Worker Visa
If your application for indefinite leave to remain is refused on the grounds of a Skilled Worker Visa, the Home Office must serve you a notice of the decision, which will contain the reasons for the refusal. ILR applications can be refused on various grounds and a right to appeal should be generated in most cases as long as you have provided evidence & information of your settled life in the UK.
If you have not been granted a right to appeal but a right to do an administrative review, then you will need to challenge the decision in the legal remedy provided.
Taking legal advice on the ILR application as a Skilled Worker Visa
You can speak to one of our UK Immigration Lawyers on the indefinite leave to remain application as a Skilled Worker by sending us an email on firstname.lastname@example.org or you can call us on 0207 237 3388. We also have a free visa assessment form that you can complete.
ICS Legal : UK Immigration Advice | UK Visas | Partners & Marriage Visas | Tier 1 Start-up, Tier 1 Innovator & Tier 1 Investor Visas | British Citizenship. ICS Legal is part of ICS Legal Immigration Specialists Ltd. The content and the source codes contained in this page and subsequent pages of www.icslegal.com are the property of ICS Legal Immigration Specialists Ltd. Company Reg Company No. 08703375. Company Registered in England & Wales. By logging into the site, you have accepted our terms and conditions and must abide accordingly. Unauthorised reproduction and copying is strictly prohibited. Selective contents of the website have been re-produced in accordance to Office of Public Sector Information (OPSI). ICS Legal Immigration Specialists Ltd holds PSI Licence and licence number is C2009002244. Parliamentary Licence number is P2009000241.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.