The Skilled Worker Visa is a route to settlement after completing the required residency periods. The immigration rules under the appendix, sets out the validity and the suitability requirements for the indefinite leave to remain (ILR) application, also referred as settlement application as a Skilled Worker.
When applying for the indefinite leave to remain application as a Skilled Worker, there are no requirements of the certificate of sponsorship (CoS) or Immigration Health Charge.
Indefinite Leave to Remain (ILR) Requirements of the Skilled Worker Visa
As a skilled Worker, you will need to ensure a valid application is lodged and you meet the requirements of the immigration rules at the date of application. The requirements of 5 years on the category are required unless you have completed the following leave to enter or remain on continuous periods:
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Skilled Worker.
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Tier 2 (General).
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Global Talent.
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Innovator.
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T2 Minister of Religion / Tier 2 (Minister of Religion).
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T2 Sportsperson / Tier 2 (Sportsperson).
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Representative of an Overseas Business.
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Tier 1 (Exceptional Talent).
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Tier 1 (Entrepreneur).
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Tier 1 (Investor).
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Tier 1 (General).
In order to apply for indefinite leave to remain as a Skilled Worker, the last grant should be under the Skilled Worker or Tier 2 General route.
Sponsorship for ILR under Skilled Worker Visa
The employer must hold a sponsor licence during the periods of sponsorship and at the date of application for the Skilled Worker Visa indefinite leave to remain (ILR) application.
At the date of application, the Skilled Worker must ensure that the specified salary is being paid and in line with the appendix of the immigration rules. The Home Office will conduct checks with the HMRC on salaries.
Where an applicant who is under the Skilled Worker Visa is absent from work, which can include the following:
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statutory maternity leave, paternity leave, or parental leave.
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statutory adoption leave.
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sick leave.
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assisting with a national or international humanitarian or environmental crisis (providing their sponsor agreed to the absence for that purpose).
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taking part in legally organised industrial action.
As a Skilled Worker, if you have been absent for the above reasons, the Home Office will consider your pay from the date of return as long as the information and evidences are provided for the reasons of absence.
Refusal of your ILR under Skilled Worker Visa
If your application for indefinite leave to remain is refused on the grounds of a Skilled Worker Visa, the Home Office must serve you a notice of the decision, which will contain the reasons for the refusal. ILR applications can be refused on various grounds and a right to appeal should be generated in most cases as long as you have provided evidence & information of your settled life in the UK.
If you have not been granted a right to appeal but a right to do an administrative review, then you will need to challenge the decision in the legal remedy provided.
Taking legal advice on the ILR application as a Skilled Worker Visa
You can speak to one of our UK Immigration Lawyers on the indefinite leave to remain application as a Skilled Worker by sending us an email on info@icslegal.com or you can call us on 0207 237 3388. We also have a free visa assessment form that you can complete.
