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Making the transition from Tier 2 to ILR is a significant milestone for many skilled workers in the UK. If you’ve been working under a Tier 2 visa, you’re probably wondering what steps you need to take to secure your long-term stay.
In this guide, we’ll walk you through the essential requirements, the process, and the key considerations to help you navigate the journey from Tier 2 to ILR with confidence.
If you have queries related to tier 2 to indefinite leave to remain, get in touch with one of our expert immigration lawyers at 02033844389.
What is Tier 2 to ILR?
Skilled workers can now enter the country to work on a Tier 2 visa, which was previously known as a Skilled Worker Visa. This visa allows you to stay in the UK for a maximum of five years and fourteen days, based on your business nature.
If you’ve been a permanent resident of the UK for five years, you could be able to apply for Indefinite Leave to Remain (ILR). With this status, you can stay in the country without worrying about a point-based visa.
Obtaining an ILR in the UK is one of the first steps towards British citizenship. This is why, in order to change your status, you need to fulfil a number of Tier 2 to ILR requirements.
For your convenience, our legal team has compiled a list of the steps you must take to change your status and become a permanent UK resident.
Our experienced UK immigration Solicitors can help you with your immigration process.
Who is Eligible to Switch From Tier 2 to ILR?
You might be able to change your status to ILR if you have a Worker Visa. If you fall into one of the following visa categories, you are required to fill out the SET O Form before you may submit your application:
- Tier 2 (Ministry of Religion) Visa;
- Tier 2 (Intra-Company Transfer) Visa;
- Tier 2 (General) Visa;
- Tier 2 (Sportsperson) Visa;
- Tier 1 (General) Visa;
- Tier 1 (Exception Talent) Visa;
- Tier 1 (Entrepreneur) Visa;
- Tier 1 (Investor) Visa;
- Highly Skilled Migrant Visa;
- Representatives of an Overseas Business.
What are ILR Requirements for Tier 2?
In order to be eligible for ILR as a current Skilled Worker visa holder, you must fulfil specific criteria. Below are the prerequisites for Tier 2 to ILR:
Our experienced UK immigration Solicitors can help you with your immigration process.
Qualifying Period Requirement
You need to have lived in the UK continuously for five years before you may change your tier 2 to indefinite leave to remain. The date your entry clearance is approved usually starts this qualifying period.
You are not allowed to leave the UK for longer than 180 days in five years if your leave was granted prior to January 11, 2018. After this date, you will be able to spend 180 days in any 12 months outside the country with a visa.
It’s important to know that your 5-year qualifying time might start later if you come to the UK more than a week after getting your visa.
You must include a detailed explanation for each absence and include them on your Tier 2 ILR application form. Another document you’ll need is a letter from your employer confirming any time you’ve spent working outside the UK.
Minimum Salary Requirements for Tier 2 to ILR
You need to earn a certain amount to qualify for a Tier 2 Visa. To change your status, you’ll still need sufficient funds to support your family.
The minimal criteria for Tier 2 to ILR applications made before April 2020 is £35,800. When you apply, you must still be working for a registered sponsor and making at least the £38,700 minimum wage.
There are several groups that are not required to pay the ILR, such as skilled workers up to the Ph.D. level. Hourly workers might have to fulfil additional requirements. For more information, consult your immigration adviser.
When applying for Tier 2 ILR, be sure to mention all of your income sources, including pension plans and benefit programs.
Our experienced UK immigration Solicitors can help you with your immigration process.
Life in the UK Test
In order to get your ILR status, you have to show that you really want to be a British citizen. You have to pass the Life in the UK Test because of this. The topics you will be tested on include British law, history, and society. To apply for Tier 2 ILR, you must attach your certificate and score at least 75%.
Also, you need to show that you can communicate well in both written and spoken English. If you do not have a degree that is based on English, you are required to pass a language test at the B1 level of the CEFR.
What Documents are Required for Tier 2 ILR?
In order to fulfil the conditions mentioned above, you need to provide a number of documents with your ILR application.
Include the following key documents with your settlement application:
- A letter attesting to your employment status and confirming your present sponsor’s commitment to your continued support
- Proof of absence and justification for absences taken during the qualifying period
- Confirmation of your existing sponsor’s yearly gross salary
- Proof of income sufficient to fulfil the minimum income requirement
- Bank statements and pay stubs
When you hire our services for your ILR application, we will provide you with a comprehensive list of required papers as well as detailed instructions on how to prepare them.
Our experienced UK immigration Solicitors can help you with your immigration process.
How to Apply for Indefinite Leave to Remain Tier 2?
Before your current Tier 2 Visa ends, you have to apply for your ILR status. On the other hand, you have only 28 days before your five-year qualifying term ends to file your request.
To apply for Tier 2 ILR, you need to use the Set (O) Form. Your application will be rejected if any section is incomplete or contains mistakes.
To prove your eligibility, you need to send in the original documents that are relevant to your case. Your papers need to be either written in English or have a certified translation attached. Please feel free to contact one of our experienced immigration lawyers for assistance in collecting the necessary documents to demonstrate:
- Your identity. For this purpose, you’ll need to submit two passport-sized photos that clearly display your full name;
- Utility invoices and lease agreements attesting to your continuous residency in the UK;
- Your certificates for the English Language and Life in the UK tests;
- Your income and financial situation… Acceptable forms of proof include pay stubs, employment letters, and bank statements.
Can I become a British citizen after getting a Tier 2 visa?
A valid Indefinite Leave to Remain is a prerequisite to applying for naturalisation as a British citizen.
If you want to switch from Tier 2 to ILR, you must stay in the UK legally for at least one more year. You will be able to seek British citizenship after this period. You won’t have to wait to change your status once you have your ILR if you’re married to a permanent resident of the UK.
Our experienced UK immigration Solicitors can help you with your immigration process.
Can I lose my ILR?
To keep your ILR status, you need to be a lawful permanent resident of the UK. Staying outside of the country for more than two years is not allowed. If not, your ILR will be revoked and you will have to reapply.
You could also lose your status if you do something illegal that gets you deported from the UK or if you are seen as a threat to national security.
You must obtain British citizenship before you can continue to stay for a long time outside the UK without losing your status.
Renewal of ILR Status using the General Route of Tier 2
If you stay outside of the UK for more than two years in a row, you will lose your right to have permanent residence in the UK, even if you got it through a different way.
If you obtain ILR and then choose to depart the UK for two years or more, you will no longer be eligible for the status and will have to apply for entry clearance (often in conjunction with a Tier 2 General Visa) from the beginning.
Our experienced UK immigration Solicitors can help you with your immigration process.
Need Help With Tier 2 to ILR Application?
The team at UK Immigration Solicitors specialises in helping foreign nationals settle in the United Kingdom. Our legal advisors are here to support you every step of the way, ensuring your Tier 2 to ILR application meets all the necessary requirements.
Before you submit your application, our lawyers will ensure you have the right evidence as part of our personalised service. We can also act as your representative when dealing with the Home Office and may draft a Letter of Representation to strengthen your case.
Contact one of our immigration attorneys in London, Manchester, or Birmingham, or use our branch locator to find the nearest office.
Frequently Asked Questions (FAQs)
Ans. To apply for ILR, you need to have worked and lived in the UK for a minimum of five years under the Tier 2 Visa category. If you have been continuously present in the UK for a period of ten years under a different type of visa, you may be eligible to apply through the 10-year route instead.
Ans. If you are applying for an ILR under the Tier 2 Visa category, you can include your dependants, spouse, and children—as long as they meet the requirements.