If you hold a Skilled Worker visa, you may be eligible to settle permanently in the UK. Settlement, also known as Indefinite Leave to Remain gives you the right to live, work and study in the UK for as long as you like, you can also apply for state funds such as benefits if you are eligible. You can use your Settlement to apply for British Citizenship.
What is Indefinite Leave to Remain (ILR)?
If you hold a Skilled Worker visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), also known as settlement.
ILR allows you to live, work and study in the UK without immigration restrictions. Unlike a Skilled Worker visa, ILR is not tied to a sponsoring employer and does not require further extensions.
Once you have obtained ILR, you may also become eligible to apply for British citizenship, provided you meet the relevant nationality requirements.
Benefits of Indefinite Leave to Remain
Obtaining ILR provides several important benefits, including:
- The right to live permanently in the UK
- .The freedom to work for any employer.
- The ability to become self-employed.
- Access to public funds if you are eligible.
- No requirement to maintain sponsorship.
- A pathway to British citizenship.
Skilled Worker Visa ILR Requirements
To qualify for Settlement as a Skilled Worker visa holder, you must meet several requirements.
1. Salary Requirements
You must meet the salary requirement which is £41,700 per year or the ‘standard going rate’ for your industry.
Example: If the standard going rate for your industry is £45,000 and you earn £42,000, you do not meet the usual salary requirements for the visa.
Healthcare and Education jobs have different requirements. If you work in healthcare or education jobs, the going rate is based on national pay scales therefore, the rates are different. You must be paid either £25,000 per year or the ‘going rate’ for your occupation.
Where to check eligible healthcare and education jobs and salary thresholds:
You can access the list of eligible healthcare jobs here and eligible educational jobs here.
Going Rates for eligible jobs
We have listed some of the going rates below:
| Occupation | Related job titles | Standard going rate |
| 2115 Social and Humanities Scientists | Geographic information systems (GIS) analysts Historians Political scientists Public health analysts Social and humanities scientists | Higher Going Rate: £40,400 (£20.72 an hour) Lower Going Rate: £28,000 (£14.61 per hour) |
| 2136 IT network professionals | IT quality and testing professionals | Higher Going Rate: £41,200 (£21.13 per hour) Lower Going Rate: £34,500 (£17.69 per hour) |
| 3229 Welfare and housing associate professionals not elsewhere classified | Charity workers Day care officers Health advisers Homelessness and housing advice support workers Mental health project workers Probation service workers Student support workers | Higher Going Rate: £33,400 (£17.13 per hour) Lower Going Rate: £25,400 (£13.03 per hour) |
| 1233 Early education/ childcare service and distribution | Early education/ childcare service and distribution | Higher Going Rate: £33,400 (£17.13 per hour) Lower Going Rate: £2 2,500 (£12.82 per hour) |
| 2112 Biological Students | Agricultural scientists Biologists Botanical and horticultural scientists Microbiologists and bacteriologists Pathologists Pharmacologists Zoological scientists Biological scientists not elsewhere classified | Higher Going Rate: £40,300 (£20.67 per hour) Lower Going Rate: £30,700 (£15.74 per hour) |
You can check more Standard Worker visa going rates on the government website here.
2. Continuous Residence Requirement
You must usually have completed a continuous period of five years in the UK under qualifying immigration routes.
In most cases, you must not have spent more than 180 days outside the UK during any relevant 12-month period of your qualifying residence.
The Home Office may consider exceptional circumstances in limited situations. Where absences exceed permitted limits, supporting evidence should be provided.
If you are unable to prove that you meet these criteria, you must provide the Home Office with sufficient evidence. For example, any extenuating circumstances that may have prevented you from spending less than 180 days outside of the UK in a 12 month period.
3. Life in The UK Test
Applicants aged between 18 and 64 must normally pass the Life in the UK Test before settlement can be granted.
The test assesses your knowledge of British history, culture and society. We have an extensive guide on the Life in the UK Test including practise questions on our website here.
4. English Language Requirement
Most Skilled Worker visa holders will already have satisfied the English language requirement when obtaining their visa. In many cases, further evidence will not be required when applying for settlement.
When Can I apply for ILR on a Skilled Worker visa?
You can usually apply for ILR up to 28 days before completing your qualifying five-year residence period.
Applying too early may result in your application being refused.
It is important to calculate your qualifying period carefully and ensure that all eligibility requirements are met before submission.
Documents Required for Skilled Worker Visa ILR
The documents required will depend on your circumstances. Commonly required documents include:
- Current passport.
- Biometric residence permit or eVisa details.
- Evidence of continuous residence.
- Employment and salary evidence.
- Sponsor confirmation.
- Life in the UK Test pass notification.
- Any additional documents requested by the Home Office.
How much does the application cost?
The application costs £3,029 per person. Therefore, if you include any dependants in your application, they will have to pay £3,029 each.
Common Reasons Skilled Worker ILR Applications Are Refused
Settlement applications can be refused for a variety of reasons.
Common issues include:
Excessive Absences
Applicants who exceed permitted absence limits may fail the continuous residence requirement.
Salary Issues
Applications may be refused if salary requirements are not met at the date of application.
Applying Too Early
Submitting an application before completing the qualifying period can result in refusal.
Sponsorship Problems
Issues with sponsorship records or employer compliance may affect eligibility.
Criminal Convictions or Immigration Breaches
The Home Office may consider criminality, deception, or previous breaches of immigration laws when assessing an application.
Can Family Members Apply for Settlement?
In many cases, partners and children may also be eligible to apply for settlement.
Each dependant must meet the relevant immigration requirements. The rules differ depending on age, immigration history and family circumstances.
Professional advice may be helpful where dependant applications involve complex circumstances.
Eligibility for partners:
Your partner must meet all of the following criteria to be considered:
- they have permission to be in the UK as your partner as a ‘dependant’ on your visa.
- they’ve lived in the UK with you as your dependant for at least 5 years continuously.
- your relationship is genuine.
- you intend to continue living together.
- you have enough income to support yourselves and your dependants.
- you’re not using public funds.
Eligibility for children:
You can include your child or children on your application if they meet the following criteria:
- they have permission to be in the UK as your child (as a ‘dependant’ on your visa).
- they are not married or in a civil partnership.
- they will live with you and be supported by you without using public funds.
- you and your child’s other parent are both currently applying to settle, or are already settled.
Your child can also apply to settle in one of the following situations:
- you’re the child’s sole surviving parent.
- you have sole responsibility for the child’s upbringing.
- there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness.
Children 18 and over
You can only include older children in your application if they both:
- were under 18 when they first got permission to be in the UK as your dependant.
- still do not live an independent life – for example, they have not got married or had children.
All dependents must take and pass the Life in the UK test and the English Language Test.
How long does a Skilled Worker ILR Application take?
Most settlement applications receive a decision within six months when using the standard service.
Priority services may be available for an additional fee.
Applicants should avoid travelling outside the Common Travel Area while an application is pending, as doing so may result in the application being treated as withdrawn.
Frequently Asked Questions
Can I Change Employers Before Applying for ILR?
Potentially. However, you must ensure that you continue to satisfy the Skilled Worker settlement requirements at the date of application.
Can My Partner Apply for ILR at the Same Time?
In many cases, yes, provided they meet the relevant dependant settlement requirements.
Can I Apply for British Citizenship After ILR?
Yes. Many individuals become eligible to apply for British citizenship after obtaining settlement, subject to meeting the nationality requirements.
What Happens If My ILR Application Is Refused?
The options available will depend on the reason for refusal. It may be possible to submit a fresh application or challenge the decision in certain circumstances.
How Can We Help?
Applying for ILR as a Skilled Worker visa holder can be straightforward in some cases, but errors relating to absences, salary requirements, sponsorship records or supporting documents can result in delays or refusal.
Thomas Chase Immigration assists Skilled Worker visa holders and their families with settlement applications, eligibility assessments and complex immigration matters.
If you would like advice regarding your eligibility for ILR or assistance preparing an application, contact Thomas Chase Immigration for tailored immigration advice.
