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Skilled Worker Visa


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About Skilled Worker Visa

  • The “UK Skilled Worker” Visa allows individuals from all nationalities, except British and Irish citizens, to work in the United Kingdom. To be eligible for this visa, applicants must have an offer of an eligible skilled job from a Home Office-approved sponsor

  • The Skilled Worker Visa offers various benefits, including the potential for settlement in the UK and the ability to be accompanied by dependent partners and children. This visa category requires individuals to be sponsored by a licensed employer who meets the skill and salary requirements set by the Home Office.

  • For employers in the UK, there is a separate process to obtain a Skilled Worker sponsor license, which allows them to hire and sponsor skilled workers from overseas.

  • Additionally, individuals who are interested in starting a new business in the UK or already own an existing UK business may be eligible for a Skilled Worker visa through self-sponsorship. This means being sponsored by their own UK company. We have a dedicated page available that provides information on the self-sponsored Skilled Worker visa.

  • It is important to note that there is no limit on the number of people who can enter the UK under the Skilled Worker route, providing opportunities for skilled workers from around the world to contribute to the UK's workforce and economy.

Eligibility Criteria for Skilled Worker Visa Application

You must meet key requirements and eligibility criteria as below

  • You must have a job offer from a Home Office-approved sponsor in the UK
  • You must possess a valid Certificate of Sponsorship (CoS) for the specific job you intend to undertake
  • You must be 18 years old or above
  • You must have appropriate level of English Language skills
  • You must be offered a salary that meets or exceeds the minimum salary threshold for the specific job
  • You must have enough funds to support yourself in the UK
  • Above are most common and generic requirements. It’s important to note that specific requirements can vary based on individual circumstances. If you wish to obtain your case specific professional advice and expert guidance tailored to your situation from our qualified team of immigration advisors, then do not hesitate to Contact us

To obtain professional, most up-to-date, and accurate advice on your visa requirement you can contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us on ukvisa@agclservices.com or request a call back by providing your contact details here and we will get back to you asap.

Documents Required for Skilled Worker Visa

List of Essential Documents for Skilled Worker Visa

  • For a successful ‘Skilled Worker Visa’ application, the submission of various documents is imperative. The following list comprises some key documents; however, it’s essential to note that additional documents may be necessary based on your unique circumstances.
  • Certificate of Sponsorship (COS) issued by your UK employer.
  • Your valid passport
  • Proof of Knowledge of English language test confirming your proficiency
  • Tuberculosis (TB) Test Results – if you’re from a country where TB screening is required.
  • Criminal Record Certificate
  • Bank Statements
  • Evidence of Maintenance Funds

The aforementioned documents encompass both generic and mandatory requirements. Additionally, you may be required to furnish supplementary documentation related to your prior UK immigration history, employment record, family relationships, financial sponsorship, professional registration, business records, custody/access rights, and more. It is paramount to ensure that all submitted documents, whether mandatory or supplementary, adhere to the requisite standards, furnish the necessary evidence, and provide comprehensive information. This meticulous attention to documentation ensures that Visa Officers can make timely, informed, and accurate decisions regarding your application.

Skilled Worker Visa Application Process

  • The process of obtaining a ‘UK Skilled Worker Visa’ begins with securing a job offer from a UK employer with a valid sponsor license, who will provide you with a Certificate of Sponsorship (COS). You must then confirm your eligibility, meeting criteria such as English language proficiency and salary thresholds.
  • AGCL Services can help you with rest of the visa process from completing the relevant visa applications forms to submit your application along with all the necessary and supporting documents.

Visa Processing Duration

  • The processing time for a ‘Skilled Worker Visa’ application submitted to the UK Home Office can vary, depending on factors like application complexity and volume. Typically, standard processing times ranged from several weeks to a few months. However, applicants seeking a quicker decision had the option to choose priority services. The priority service aimed to provide a decision within approximately 5 working days, while the super priority service promised a decision the next working day after biometrics. These expedited services came with additional fees. It’s important to note that immigration policies and processing times may change, so it’s advisable to refer to the official UK government website or contact the Home Office for the most current information regarding ‘Skilled Worker Visa’ application processing times and service options.

Visa Validity Duration

  • The ‘UK Skilled Worker Visa’ is typically issued with an initial duration of up to five years and 14 days, although the actual duration may be shorter if specified on your Certificate of Sponsorship (COS). This visa allows skilled workers to live and work in the UK for the specified period, and it’s an essential pathway for individuals seeking employment in the UK. Depending on the occupation and specific circumstances, certain applicants, such as those in shortage occupations or health and care workers, may receive longer initial visa durations, extending their stay in the UK.
  • The visa process often involves extensions to continue working in the UK, subject to meeting visa requirements and maintaining valid sponsorship. After accumulating a certain continuous period of residence, typically five years, ‘Skilled Worker Visa’ holders may become eligible to apply for Indefinite Leave to Remain (ILR), which provides permanent residency rights in the UK. It’s essential to keep in mind that visa durations and eligibility criteria can change, so it’s advisable to refer to the official UK government website or seek guidance from immigration professionals for the most current information regarding the ‘UK Skilled Worker Visa’.
  • It’s important to note that the time spent in the UK on certain visas, such as Tier 1 (Investor) or Tier 1 (Entrepreneur), may count towards the continuous residence requirement for settlement under the Skilled Worker route.

To obtain professional, most up-to-date, and accurate advice on your visa requirement you can contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us on ukvisa@agclservices.com or request a call back by providing your contact details here and we will get back to you asap.

Skilled Worker Visa Application Fees

The standard visa application fee for a UK Skilled Worker Visa is:

  • £625 for a visa lasting up to 3 years
  • £1,423 for a visa lasting more than 3 years

IHS – Immigration Health Surcharge

  • Immigration Health Surcharge (IHS): The IHS is a charge that is paid by all overseas visitors to the UK who plan to stay for longer than 6 months. The IHS is used to fund the National Health Service (NHS). The specific amount for the IHS fee depends on the length of your child’s visa and can be calculated on the government’s official website.

Other charges may be applicable for Skilled Worker Visa application

  • Biometric fee: The biometric fee is a charge that is paid by all visa applicants who need to give their fingerprints and a photograph. The biometric fee is £19.23.
  • Priority and Super Priority Visa Services: The UK Home Office offers two priority visa services: Priority Visa Service and Super Priority Visa Service. Please note that these fees are in addition to the standard visa application fee.
  • Priority Visa Service: The Priority Visa Service allows you to get a decision on your visa application within 5 working days. The cost of the Priority Visa Service is £500.
  • Super Priority Visa Service: The Super Priority Visa Service allows you to get a decision on your visa application within 1 working day. The cost of the Super Priority Visa Service is £1,000.
  • If you are applying for the Priority service, you will need to attend a visa application centre in person on the same day that you submit your online application to have your fingerprints and photo taken.
  • The Priority and Super Priority services are designed to speed up the visa application process. However, it is important to note that there is no guarantee that your application will be processed within the specified timeframe.

In addition to the above fees, you may also need to pay for additional services, such as:

  • English language test fees
  • Tuberculosis test fees
  • Medical certificate fees
  • Police clearance certificate fees
  • Please note that all fees and charges are subject to change.

For the most up-to-date information, please visit the UK government website

FAQs – Skilled Worker Visa

Q.1  What is “Skill Assessment” in the context of Skilled Worker Visa application?

  • The applicant’s skills and qualifications must be assessed to ensure they meet the requirements of the job being offered. This assessment may consider factors such as educational qualifications, work experience, and professional certifications. During the assessment of your sponsor’s occupation code selection, the Home Office considers factors such as whether there is a genuine need for the job as described, whether you possess the necessary skills, qualifications, and experience required for the role, and the sponsor’s compliance history with the immigration system.

Q.2  What does the term ‘Job Offer’ entail in relation to CoS requirement? What is the significance of a ‘Genuine Job Vacancy’ in this context?”

  • You must have a job offer from a Home Office-approved sponsor in the UK. Your job offer must be a genuine vacancy, meaning it is a legitimate and available position in the UK job market.
  • The genuine vacancy requirement under the UK Skilled Worker visa route refers to the necessity of having a legitimate and bona fide job offer from a UK employer. To meet this requirement, the job vacancy must be genuine, real, available position within the UK market and must meet certain criteria. It should not be created solely for the purpose of obtaining a visa.
  • The employer must genuinely intend to employ the individual in the advertised job role. They should not have any intention to deceive immigration authorities or misuse the visa route.
  • The job offer should align with the applicant’s skills, qualifications, and experience. It should be a suitable match, demonstrating that the applicant possesses the necessary skills to perform the duties of the job.
  • The job must offer an appropriate number of hours and a duration that is reasonable for the specific occupation. This ensures that the employment is substantive and not temporary or short-term in nature.
  • The job offer must comply with all relevant UK employment laws, including the payment of the appropriate wages and adherence to employment regulations.
  • The genuine vacancy requirement is in place to prevent abuse of the visa system and to ensure that individuals are not being exploited or misled by unscrupulous employers. It helps maintain the integrity of the Skilled Worker visa route by ensuring that only legitimate job opportunities are being considered for sponsorship. If there are reasonable grounds to suspect that the job being sponsored does not actually exist, is fraudulent, or has been primarily created for the purpose of applying for a UK Skilled Worker Visa, your application will be rejected. The Home Office also aims to ensure that you have not entered an arrangement where you will temporarily or permanently fill a position, engage in contract work that involves ongoing routine responsibilities, or provide continuous routine services to a third party who is not your sponsor. The intention is to prevent misuse or exploitation of the visa system.

Q.3  What is “Skill Level”?

  • Your job must be at an appropriate skill level according to the Standard Occupational Classification (SOC) system.
  • The appropriate skills level requirement for the UK Skilled Worker Visa is determined based on the Standard Occupational Classification (SOC) system. It is essential for both the job being offered and the applicant’s qualifications to align with the appropriate skill level requirements for the Skilled Worker Visa. Employers and applicants must carefully assess the job’s skill level and ensure that the applicant’s qualifications meet or exceed the required level to meet the visa criteria.
  • Generally, the job offered must be at RQF (Regulated Qualifications Framework) level 3 or above. RQF level 3 is equivalent to A-level qualifications in the UK education system.
  • The specific skills and qualifications required for a particular job (Job-Specific Skill Criteria) will depend on the nature of the occupation. Different roles and industries may have additional requirements or certifications specific to that field. You do not necessarily need to possess a formal qualification to meet the skill level requirement. Instead, it is the skill level associated with the job itself that determines whether the threshold is met.

Q.4  What is SOC – Shortage Occupation Classification List?

  • Certain occupations that are deemed to have a shortage of skilled workers in the UK may have more relaxed skill level requirements. These occupations are listed on the Shortage Occupation List, and individuals applying for such roles may have more flexibility in meeting the skill level criteria. The UK Home Office provides a comprehensive list of eligible jobs and their corresponding skill levels in an Appendix to the Immigration Rules. Each eligible job is assigned a specific occupation code, and your sponsor must select an appropriate occupation code for your intended role. If the Home Office has reasonable grounds to believe that your sponsor has not chosen the most suitable occupation code, your application for a UK Skilled Worker Visa may be refused.
  • Ensuring that your job falls within an eligible occupation code and meets the appropriate skill level is crucial to meeting the requirements for a UK Skilled Worker Visa. It is advised to work closely with your sponsor and verify that the selected occupation code accurately reflects the nature of the job being offered.
  • Your Job must be part of Shortage Occupation List. A job listed in the Shortage Occupation List refers to a specific occupation or profession that is deemed to have a shortage of skilled workers within the UK labour market. The Shortage Occupation List is periodically reviewed to ensure its relevance and accuracy. Occupations may be added or removed based on changes in labour market conditions and demand for specific skills.
  • A job in the shortage occupation list indicates that there is a recognized shortage of (certain) skilled workers in that field or industry within the UK. The shortage may be due to factors such as increased demand, limited supply of qualified workers, or specific expertise required for certain roles.
  • The Shortage Occupation List is regularly updated by the UK government and includes a range of occupations across various sectors. Examples of occupations that may appear on the list include healthcare professionals (such as nurses and doctors), engineers, IT specialists, certain teaching and academic roles, and skilled tradespeople.
  • Being employed in a job listed in the shortage occupation list can present unique opportunities for both employers and employees. For employers, it simplifies the recruitment process by easing certain immigration requirements, making it easier to hire skilled workers from outside the European Economic Area (EEA) and Switzerland. For individuals, it offers the chance to work in a field where their skills are in high demand, potentially benefiting from streamlined visa processes and advantageous immigration requirements.

Q.5  What is “Minimum Salary Threshold requirement” for Skilled Worker Visa?

  • The Salary Threshold requirements for a UK Skilled Worker Visa refer to the minimum salary level that must be met or exceeded by the job offer to qualify for the visa. Here are some key details for the Salary Threshold requirements:
  • The General Salary Threshold is set by the UK government and varies depending on the occupation and the applicant’s circumstances. The specific threshold is regularly updated, and it is important to refer to the latest information provided by the UK Home Office. If the general salary threshold is higher than the going rate for the occupation, the worker must be paid at least the general salary threshold. If the general salary threshold is lower than the going rate for the occupation, the worker must be paid at least the going rate. Additionally, the minimum hourly rate must be met if it applies to the occupation. In most cases, the general salary threshold is set at least £26,200 per year. However, if the worker can trade points based on specific criteria, the threshold may be set at least £23,580 or £20,960 per year. The general salary threshold is calculated based on actual gross earnings for a maximum of 48 hours per week. If the worker’s schedule results in uneven pay due to irregular hours, the average over a regular cycle (up to 17 weeks) should not exceed 48 hours per week. Rest weeks without pay are considered in determining whether the salary thresholds are met.
  • The job offer must meet or exceed the Going Rate for the specific Occupation as determined by the UK Home Office. The going rate considers factors such as the skill level, responsibilities, and prevailing wages for similar roles in the UK. The going rate for the occupation is determined based on Table 1 or Table 2 of Appendix Skilled Occupations. Workers may be paid a percentage of the going rate if they meet certain tradable points criteria. The going rate is calculated based on a 37.5 hour working week.
  • In addition to the general salary threshold, there may be a requirement to meet a Minimum Hourly Rate for certain occupations. This ensures that employees are compensated fairly based on the number of hours worked. If applicable, a minimum hourly rate of at least £10.75 per hour must be paid to the skilled worker.
  • It is the responsibility of the sponsoring employer to ensure that the job offer meets the applicable salary threshold and minimum hourly rate. Employers are expected to comply with the salary and employment regulations set by the UK government.
  • There are certain exceptions to the Salary Threshold requirements. For example, individuals switching from a Tier 2 (General) Visa to a Skilled Worker Visa may be eligible for a reduced salary threshold if they have been continuously employed in the same job since before April 6, 2011.
  • It is important to note that meeting the Salary Threshold requirements is a crucial aspect of a successful UK Skilled Worker Visa application. Employers and applicants must carefully assess the offered salary to ensure it meets or exceeds the required thresholds. It is advisable to refer to the official UK government guidelines or consult with immigration professionals for the most up-to-date and accurate information regarding the specific Salary Threshold requirements for the visa application process.

Q.6  What is a Valid Certificate of Sponsorship?

  • You must possess a valid Certificate of Sponsorship (CoS) for the specific job you intend to undertake.
  • The CoS document must be issued by the sponsoring employer, who must hold a valid sponsor license from the Home Office. The employer is responsible for generating and assigning the CoS to the individual they wish to sponsor him/her for the specific job under the Skilled Worker route. Additionally, the CoS must confirm that it has not been used in a previous application that was either granted or refused, and it has not been withdrawn by the sponsor or cancelled by the Home Office.
  • The CoS is a virtual document that confirms an individual’s sponsorship by a UK employer. It serves as proof that the employer has fulfilled the necessary obligations to sponsor the applicant for their intended job role.
  • CoS is assigned a unique reference number, which is used for identification and tracking purposes throughout the visa application process.
  • The CoS includes specific information about the job being offered, such as the job title, duties and responsibilities, skill level, and salary. It also indicates the location where the job will be performed.
  • The CoS indicates the duration of the job offer, including the start date and potentially the end date. This helps establish the intended period of employment.
  • The CoS includes details about the sponsoring employer, such as their name, address, and sponsor license This information confirms that the employer has been authorized by the Home Office to sponsor individuals for skilled work positions. It is important that your sponsor is listed as A-rated on the Home Office’s register of licensed sponsors unless you were previously granted permission as a Skilled Worker and are now applying to continue working for the same sponsor as in your previous permission.
  • The CoS demonstrates that the job being offered is appropriate for sponsorship under the Skilled Worker Visa category. It verifies that the job meets the required skill level and is not in violation of any regulations.
  • A Certificate of Sponsorship is typically issued for a specific individual and cannot be transferred to another person. It is personalized with the applicant’s personal details, including their name and passport information.
  • The CoS is a mandatory requirement for the Skilled Worker Visa application. Without a valid CoS, an applicant cannot proceed with their visa application. The CoS should have been issued within three months before the date of your Skilled Worker visa application.

Q.7  What is English Language Proficiency?

You need to demonstrate your English language skills at the appropriate level. This can usually be done by passing an approved English language test or having an academic qualification taught in English.

The English language requirement for a UK Skilled Worker Visa application is an essential criterion that applicants must fulfil for a successful UK Skilled Worker Visa application. The key aspects of the English language requirements are:

  • Applicants need to demonstrate their English language skills at the minimum competency level of CEFR (Common European Framework of Reference for Languages) B1, which is equivalent to an IELTS (International English Language Testing System) score of 4.0. This level ensures basic proficiency in English for effective communication.
  • The Home Office accepts various approved English language tests to demonstrate language proficiency. These “Accepted English Language Tests” include IELTS, IELTS Life Skills, Trinity College London Secure English Language Tests (SELT), LanguageCert International ESOL SELT, and Pearson’s PTE Academic.
  • Certain individuals may be exempt from providing an English language test result. Exemptions may apply if you are a national of a majority English-speaking country (e.g., the United Kingdom, the United States, Canada, Australia, etc.) or if you have attained a GCSE/A Level qualification in English or Scottish Highers in English during education in the UK or you have already provided evidence of having met the B1 language requirement in a previous successful application for entry clearance or permission to stay.
  • Applicants must provide a valid proof of English language proficiency in the form of test result as part of their visa application. The test result must be obtained from an approved test provider and meet the required minimum score for the relevant language proficiency level.
  • It is important to note that English language test results are typically valid for a specified period (e.g., two years). Ensure that your test result is within the valid timeframe at the time of your visa application.

Q.8  What is “Health Surcharge” requirement?

  • You are required to pay the Immigration Health Surcharge as part of your visa application, which provides access to the National Health Service (NHS) in the UK.

Q.9  What is the “Immigration Skill Charge” requirement?

  • The Immigration Skills Charge is a fee imposed by the UK Home Office on employers who sponsor skilled workers from outside the European Economic Area (EEA) and Switzerland under certain visa categories, including the Skilled Worker Visa. The responsibility to pay the Immigration Skills Charge lies with the sponsoring employer, not the individual visa applicant. Employers are required to pay the Immigration Skills Charge upfront each time when issuing a Certificate of Sponsorship (CoS) to a skilled worker. The charge amount varies depending on the size of the sponsoring employer and the duration of the sponsorship.
  • It’s important to note that specific details regarding the Immigration Skills Charge may change over time as well as some categories of workers are exempt from paying the Immigration Skills Charge so you may consult our team to seek professional advice for the most up-to-date and accurate information regarding the charges.

Q.10  What is “Age” requirement?

  • Applicant must be 18 years old or above.

Q.11  What is “Salary requirement”?

  • You must be offered a salary that meets or exceeds the minimum salary threshold for the specific job which is based on the “going rate” for your occupation. Additionally, there may be a minimum hourly rate requirement, if applicable.

Q.12  What is the “Financial Requirements” for UK Skilled Worker Visa Application?

  • The ‘Financial requirements’ for a UK Skilled Worker Visa refer to the criteria related to the applicant’s financial situation and ability to support themselves during their stay in the UK. Here is an explanation of the financial requirements:
  • Applicants must demonstrate that they have “sufficient Maintenance Funds” to support themselves and any dependents without relying on public funds. The amount required depends on individual circumstances, such as whether the applicant has dependents and the length of the visa.
  • The specific financial threshold varies based on factors like the applicant’s immigration status, location in the UK, and whether they have dependents. The required amount is periodically updated by the UK Home Office, so it is crucial to refer to the most up-to-date guidance at the time of making the application.
  • Applicants must provide evidence of their financial ability to meet the maintenance funds requirement. This typically involves providing bank statements, payslips, or other relevant financial documents that demonstrate the availability of sufficient funds.
  • The funds must be held for a specified period before the visa application. Typically, this is a consecutive 28-day period, ending no more than 31 days before the date of the application.
  • Some individuals may be exempt from meeting the maintenance funds requirement, such as those applying as ‘New Entrants’ under certain circumstances or if they have been granted certain benefits or allowances in the UK.
  • Meeting the financial requirements is an important aspect of a successful UK Skilled Worker Visa application. It ensures that applicants have the means to support themselves and their dependents while living and working in the UK. It is advisable to refer to the official UK government guidelines or consult with immigration professionals for the most up-to-date and accurate information regarding the specific financial requirements for the visa application process.
  • The funds must have been held for a continuous period of 28 days, concluding no more than 31 days before submitting your application for a UK Skilled Worker Visa.
  • Apart from the exemptions outlined below, it is mandatory to possess available cash funds of no less than £1,270
  • An exemption from the financial requirement is granted if you have a fully ‘A-rated’ sponsor who is willing to cover your maintenance costs for the initial month of your employment, up to a minimum amount of £1,270, if necessary. Your sponsor must confirm this arrangement on your Certificate of Sponsorship.
  • If you are seeking permission to remain in the UK and have already been residing with permission for a minimum of 12 months at the time of application, you will automatically satisfy the financial requirement and will not be required to demonstrate the availability of funds.

Is “Criminal Record Certificate” required to submit? Is it mandatory to submit?

  • For individuals seeking entry clearance and being sponsored for specific occupations, primarily encompassing roles within the health, care, welfare, and education sectors, it is generally mandatory, unless deemed impractical, to furnish a criminal record certificate for any country in which you have resided for 12 months or more (whether continuously or cumulatively) since the age of 18, within the 10-year period preceding your visa application date. This requirement aims to ensure the thorough assessment of an applicant’s criminal history and mitigate potential risks associated with their employment in sensitive sectors.
  • The ‘Criminal Record Certificate’ requirement for a UK Skilled Worker Visa pertains to the need for certain applicants to provide a criminal record check or certificate as part of their visa application process. Here is an explanation of this requirement:
  • The purpose of the Criminal Record Certificate requirement is to ensure that individuals entering the UK under the Skilled Worker Visa route do not pose a risk to the public, national security, or the integrity of the immigration system.
  • The specific eligibility for providing a Criminal Record Certificate can vary based on factors such as the applicant’s country of residence, the duration of their intended stay, and the nature of the job role they will undertake in the UK.
  • Applicants may need to obtain and submit a Criminal Record Certificate from their home country or any other country where they have resided for a significant period. The certificate should include details of any criminal convictions, charges, or cautions that may be relevant.
  • It is important to note that obtaining a Criminal Record Certificate may take time, as it involves a background check by the relevant authorities. Applicants should allow sufficient time to complete this process before submitting their visa application.
  • The presence of criminal convictions or other relevant information on the Criminal Record Certificate does not automatically result in visa refusal. The UK Home Office considers the nature and circumstances of the offenses and assesses whether they pose a threat to public safety or national security.
  • Certain job roles, particularly those involving work with vulnerable groups or in regulated sectors such as healthcare or education, may have stricter requirements regarding the Criminal Record Certificate. This is to ensure the safety and well-being of the individuals with whom the visa holder will interact.
  • It is important to carefully review the specific requirements and guidance provided by the UK Home Office regarding the Criminal Record Certificate requirement for the Skilled Worker Visa to ensure compliance with this requirement.

ILR - Skilled Worker Visa

Indefinite Leave to Remain or Settlement Visa for Skilled Worker Visa Holders

Settlement (ILR) Visa from a Skilled Worker

  • Qualifying for settlement, also known as Indefinite Leave, to Remain (ILR), from a UK Skilled Worker Visa requires meeting certain key points and criteria. Here are the essential factors to consider:

Understanding Indefinite Leave to Remain (ILR) for Skilled Worker Visa Holders

  • Indefinite Leave to Remain (ILR), also known as settlement, allows Skilled Worker visa holders to live permanently in the UK. This status removes any time restrictions on living, working, and studying in the UK and grants access to certain public benefits. Furthermore, ILR is a crucial step towards obtaining British citizenship, offering the full spectrum of rights enjoyed by UK citizens.

What are the Eligibility Requirements for Indefinite Leave to Remain (ILR)?

  • Length of Residence: Generally, Skilled Worker Visa holders must reside continuously in the UK for a specified period before becoming eligible for settlement. The standard requirement is five years of continuous residence.
  • Salary Threshold: You must meet the salary requirement of at least £25,600 per year or the ‘going rate’ for your specific job role, whichever is higher.
  • Employment Confirmation: A letter from your employer confirming that your role is still needed and that you meet the salary requirements is necessary.
  • Language and Life in the UK Test Requirements: Applicants aged 18 to 64 are required to pass the Life in the UK Test, which assesses knowledge of British customs, history, and daily life. There is no need to prove English language proficiency again for Skilled Worker visa holders, as this was already demonstrated during the initial visa application.
  • Immigration Category: It’s important to note that the five-year residence requirement may include time spent in other eligible immigration categories, such as Tier 2 (General) or other work-related visas. Some previous visa categories may allow for the “switching” of visas without interrupting the continuous residence period.
  • Valid Visa and Compliance: Throughout the qualifying period, you must maintain a valid Skilled Worker Visa and comply with the immigration rules and conditions associated with your visa category. This includes not breaching any immigration laws or engaging in prohibited activities.
  • Good Character Requirement: Applicants must also meet the “good character” requirement. This involves disclosing any criminal convictions, complying with immigration laws, and maintaining a clean record. The Home Office will assess your character before granting settlement.

When Should You Apply for Indefinite Leave to Remain (ILR)?

  • The earliest you can apply for ILR is 28 days before completing five years of continuous residence in the UK under a qualifying visa. Applying too early can result in rejection, so it’s crucial to ensure the timing is correct. If your current visa is nearing expiration, you must renew it before applying for ILR to avoid any gaps in your legal status.

Fees and Processing Times for ILR Applications

  • The application fee for ILR is £2,885 per person. You can include your partner and children in the same application if they meet the eligibility criteria. Typically, the processing time for an ILR application is six months. During this period, you must remain within the UK, Ireland, the Channel Islands, or the Isle of Man, as traveling outside these areas will lead to your application being withdrawn.

How to Expedite Your ILR Application?

  • For faster processing, you can opt for the priority service, which costs an additional £500 and promises a decision within five working days. Alternatively, the super priority service costs an extra £1,000 and provides a decision by the end of the next working day after your biometric information appointment, or within two working days if the appointment is on a weekend.

Continuous Residence and Absence Rules for ILR

  • Applicants must maintain continuous residence in the UK for five years, meaning they cannot be absent for more than 180 days in any 12-month period. Detailed guidance from the Home Office can help you accurately calculate this continuous residence period.

Combining Time on Different Visas for ILR

  • The five-year residence requirement can include time spent on various visas, such as Skilled Worker or Tier 2 (General), Global Talent, Innovator, and Representative of an Overseas Business visas. This flexibility allows applicants to combine different eligible visa categories to meet the continuous residence requirement.

Including Family Members in Your ILR Application

  • Eligible partners and children can be included in your ILR application. If they do not yet meet the criteria, they can apply separately at a later date and continue to extend their visas as your dependants even after you obtain ILR.

Eligibility Requirements for Partners Applying for ILR

  • Your partner must have lived with you in the UK as your dependant for at least five continuous years. The relationship must be genuine, with the intention to continue living together. Additionally, you need to demonstrate sufficient income to support yourselves without relying on public funds. Partners aged 18 to 64 must pass the Life in the UK Test and meet English language requirements.

How Children Can Be Included in Your ILR Application?

  • Children can be included in your ILR application if they have been living in the UK as your dependants, are unmarried, and intend to live with you while being financially supported without using public funds. Special considerations apply to children over 16, who need to provide additional documentation proving their residence and financial dependency.

Special Considerations for Children Over 18 Applying for ILR

  • Children who were under 18 when they first received permission to live in the UK as your dependants can be included in your ILR application if they continue to live as dependants and do not lead an independent life. They must also pass the Life in the UK Test and meet English language requirements.

Expert Guidance for Your UK ILR or Settlement Visa Application

  • Navigating the path to a UK ILR or Settlement Visa is both complex and demanding. Ensure your application is executed flawlessly by leveraging the expertise of AGCL Services. Our dedicated professionals are committed to providing comprehensive support at every stage. Call us today on 020 3911 1115 or email us on info@agclservices.com to start your journey towards permanent residency.

Contact Our Team of Experts

To obtain professional, most up-to-date, and accurate advice on your visa requirement please contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us or request a call back.

Releated Visa Categories

Health and Care Worker Visa

Health and Care Worker Visa

UK Graduate Trainee Visa (GBM)

Graduate (Post Study Work) Visa

UK Skilled Worker Sponsor License for Employers

UK Skilled Worker Sponsor License for Employers

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