Transitioning from a Skilled Worker visa to Indefinite Leave to Remain (ILR) is a significant milestone for professionals seeking long-term residency in the UK. Skilled Worker visas are typically issued for up to five years, after which you must either extend your visa, switch to another visa category, or apply for ILR if you meet the eligibility requirements. This visa provides a clear pathway to permanent settlement in the UK. In this guide, we will detail the essential steps, eligibility criteria, and requirements for successfully transitioning from a Skilled Worker visa to an ILR.

If you need expert assistance, our immigration lawyers are available at +44 207 629 3633 to provide personalised guidance.

What is Indefinite Leave to Remain (ILR) for Skilled Workers?

Indefinite Leave to Remain (ILR) grants individuals the right to live in the UK permanently without being subject to immigration restrictions. Unlike Further Leave to Remain (FLR), which allows temporary residence under the Skilled Worker route, ILR offers the freedom to live and work in the UK indefinitely without requiring further extensions.

Typically, Skilled Worker visa holders need to apply for FLR before they can qualify for ILR. You can extend your Skilled Worker visa multiple times, provided you meet the eligibility criteria. Once you qualify for ILR, you no longer need to apply for further extensions, marking an important step towards long-term stability in the UK.

Requirements to Transition from a Skilled Worker Visa to ILR

The Skilled Worker visa allows overseas professionals to work in the UK in eligible job roles with a licensed sponsor. After five years, it provides a pathway to settlement. To transition from a Skilled Worker visa to ILR, applicants must meet the requirements outlined in Appendix Skilled Worker of the UK Immigration Rules, including:

Continuous Residence Requirement

Applicants must have lawfully resided in the UK for a continuous period of five years. The qualifying period can include time spent on the following routes:

  • Skilled Worker route
  • Scale-up route
  • Global Talent route
  • Innovator Founder route
  • T2 Minister of Religion route
  • International Sportsperson route
  • Representative of an Overseas Business route
  • Tier 1 Migrant (except Tier 1 (Graduate Entrepreneur) Migrant)

Permitted Absences

Under Appendix Continuous Residence, absences from the UK must not exceed 180 days in any 12 months. Exceptions include:

  • Travel disruptions due to natural disasters, military conflicts, or the pandemic
  • Compelling personal circumstances, such as a life-threatening illness or the death of a close relative

Meeting the continuous residence requirement is crucial for ILR eligibility under the Skilled Worker route.

Sponsorship and Salary Requirements

Your sponsor must confirm their need for you to continue working in your role and ensure your salary meets the minimum thresholds:

  • CoS issued after 4 April 2024: A general minimum salary of £38,700 per year or the occupation’s going rate, whichever is higher. For jobs on the Immigration Salary List (formerly the Shortage Occupation List), the threshold is £30,960.
  • CoS issued before 4 April 2024: Transitional arrangements allow applications with a minimum salary of £29,000 or the lower going rate under the tradeable points system (“Option F”). For roles on the Immigration Salary List, the threshold is £23,200. Healthcare and education roles have additional requirements based on pay scales.

Knowledge of Life in the UK Requirement

Applicants must pass the Life in the UK test unless they are aged 65 or over or have a disability that prevents them from taking the test. The test, based on the “Life in the UK” handbook, assesses understanding of British history, culture, and traditions. A score of 75% or higher is required, and the unique reference number generated upon passing is essential for your ILR application.

How and When to Apply for ILR

Timing Your Application

You can apply for ILR no earlier than 28 days before completing the five-year qualifying period. Applications submitted earlier will be refused. It is important to ensure that your visa does not expire before your ILR application is submitted.

Online Application Process

Applications for ILR must be submitted online from within the UK. The following documents are typically required:

  • A valid passport
  • Proof that your salary meets the threshold (£38,700 or the occupation’s going rate, as applicable)
  • A letter from your sponsor confirming continued employment
  • Recent payslips and bank statements dated within 31 days of application submission
  • Life in the UK test reference number

Re-enrolment in biometrics may be necessary for some applicants, while others can reuse previously provided data.

Costs and Processing Times

Application Fees

The standard application fee for ILR is £2,885. Faster processing options include:

  • 5-day priority service: Additional £500
  • Next working day super priority service: Additional £1,000

The cost of the Life in the UK test is £50. Applicants may also incur additional costs for obtaining a copy of the official “Life in the UK” handbook.

Processing Times

Standard applications typically receive a decision within six months. Priority and super-priority services are available for faster processing and are subject to eligibility.

ILR Salary Requirements for Healthcare and Education Roles

Specific salary thresholds apply to healthcare and education workers:

  • Healthcare roles: Must meet £29,000 per year, £23,200 for jobs on the Immigration Salary List, or the lower going rate for the role.
  • Education roles: Salary thresholds depend on public and private sector pay rates, with adjustments based on geographical location.

Dependants and ILR

Dependants of Skilled Worker visa holders can also apply for ILR if they meet the following requirements:

  • Spouse or unmarried partner: Must meet relationship requirements (e.g., marriage or civil partnership).
  • Dependent children under 18: Must meet continuous residence requirements.

Dependants aged 18 or over may also need to meet the requirements for English language and knowledge of life in the UK.

What Happens if Your Visa Expires During the ILR Process?

If your visa expires while your ILR application is being processed, you can remain in the UK and continue working, provided you submitted a valid application before your visa expired. A valid application requires:

  • On-time submission
  • Payment of the correct fee
  • Provision of all necessary documentation

Transitioning from a Skilled Worker visa to ILR is crucial to securing permanent residency in the UK. Ensuring you meet the eligibility criteria and provide all required documents will help you achieve this goal efficiently. For personalized guidance and support, contact our immigration experts at +44 207 629 3633.

Need Assistance?

Ash Norton Solicitors are UK immigration and nationality specialists. We offer expert guidance and support to Skilled Worker visa holders and their sponsors throughout the ILR application process. Contact us today to discuss your ILR application and explore your options for remaining in the UK.