Skilled Worker Visa to ILR in UK

Indefinite Leave to Remain from Skilled Worker Visa

Are you currently in the UK on a Skilled Worker Visa and looking for a route that will allow you to settle in the UK? If so, you may be able to switch from the Skilled Worker route to ILR (Indefinite Leave to Remain).

You can extend your Skilled Worker Visa for a period of up to six years, provided you continue to work in a skilled role for a registered UK Sponsor. If you want to stay in the UK for a longer period, without being restricted by your Skilled Worker Visa regulations, you can apply for ILR after living in the UK for five years. If you are granted ILR, you will be given Permanent Residence in the UK without having to comply with specific Skilled Worker Visa regulations. This will mean that you will no longer need an employer with a Sponsorship Licence or to work in a position where there is a UK skills shortage.

While you can no longer switch from the Senior or Specialist Worker Visa to ILR, our expert lawyers may be able to help you apply for a Skilled Worker Visa to put you on the path to settlement.

What the Requirements to Switch from the Skilled Worker Route to ILR?

To be eligible to switch from a Skilled Worker Visa to Indefinite Leave to Remain you must have at least 5 years of legal continuous residence in the UK. These 5 years can be solely whilst in the UK under a Skilled Worker Visa, but can also include time spent living in the UK under another visa category including:

• Global Talent
• Innovator
• T2 Minister of Religion
• T2 Sportsperson
• Representative of an Overseas Business
• Routes that were part of the old Tier 1 category, excluding the Tier 1 Graduate Entrepreneur visa

In addition, to move from the Skilled Worker route to ILR, you will need to pass the ‘Life in the UK’ test. This test will require you to show an understanding of British culture, history and current affairs. During the test you will have 45 minutes to answer 24 questions and you must score 75% or more to pass the test.

You will also have to meet the English Language requirement, to do this you may need to pass a certified English language test, unless you are eligible for an exemption of this requirement.

What are the Financial Requirements for Switching from Skilled Worker Visa to ILR?

The financial requirements for switching from Skilled Worker Visa to ILR do vary based on your circumstances. If you applied for your Skilled Worker Visa before 4th April 2024 then you must have a salary of at least £29,000 or the “going rate”. If your Skilled Worker Visa was issued after this date then you must demonstrate a minimum salary of £38,700 or the going rate – whichever is higher. It is expected that these arrangements for Skilled Worker settlement applications will stay in place until April 2030.

For further advice and to receive an accurate assessment of what the financial requirements for you and your dependents contact the team at IAS today.

When Can I Apply for ILR from a Skilled Worker Visa?

To apply for ILR, you will need to have spent at least five years in the UK on the same visa. If your original Skilled Worker Visa was not granted for five years, you may need to apply for a Skilled Worker Visa extension to reach the five-year requirement.

There is also a 10-year ILR route for those who have been in the UK for 10 years under different visa categories.

What is the Process of Switching from the Skilled Worker Route to ILR?

Once you have reached this 5 year requirement, you can start the process of applying for ILR. You don’t need to wait for your Skilled Worker Visa to expire before you can apply, you can do so as soon as you have reached the residency requirement.

To apply for ILR you will need to submit the application form via the UK government website, applications can only be made online.

Once you have filled in the application form, you will also need to submit your supporting documents to the Home Office. As well as your test pass certificates, you will also need to provide:

• a current passport or other valid travel ID
• your biometric residence permit if you have one
• all the passports you’ve held during your time in the UK

Any documents not written in English or Welsh will need to be translated. You can submit your supporting documents by either uploading them into the online service or having them scanned at your UKVCAS appointment. When you apply, you’ll need to also make an appointment a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information, this is your photograph and fingerprints.

Once your application and documents have been submitted, you should receive a decision from the Home Office within 6 months.

Can My Family Members Apply for ILR with Me?

Yes, you can add your partner and children to your ILR application if they are eligible to gain Indefinite Leave to Remain status. If they do not yet meet the criteria for ILR then they can submit an application at a later date to gain leave to remain.

Processing Times and ILR Application Fees

You should also be aware of the other costs involved in with applying for ILR including £19.20 to register your biometric information. If you are applying with your family, each dependent need to pay £3,029 .

There is no set time for receive a decision on your ILR application, but a standard Indefinite Leave to Remain application will be processed within six months.

However, you can pay £1000 for super priority processing (a decision is usually given within one working day) or £500for priority processing for your application to be decided on within five working days.

How Can IAS Help?

The immigration lawyers at IAS will help you with your switch from Skilled Worker to ILR. One of our expert lawyers can assist you with the transition, helping you to prepare for your ‘Life in the UK’ test and your English Language Test. Your lawyer will also prepare a Letter of Representation to accompany your application. This letter details your case and its merits as well as referencing any relevant UK immigration laws in support of your application. He/she will also provide a full document check, as well as completing your application form to the highest possible standard.

Call us today on +44 (0)333 414 9244 or make an enquiry online for more advice. We have offices in London, Manchester, and Birmingham, as well as in many other locations throughout the UK. We look forward to assisting you.