Skilled Worker Tier 2 to ILR Requirements

One of the key benefits of the Skilled Worker visa – previously the Tier 2 visa – is that it can lead to settlement in the UK under Indefinite Leave to Remain. With ILR status, individuals can remain in the UK lawfully without having to meet the ongoing conditions and restrictions of the Tier 2 points-based visa, such as sponsorship by a qualifying employer.

The transition from a Tier 2 visa to Indefinite Leave to Remain (ILR) allows eligible applicants to secure settlement in the UK. While the Tier 2 visa route has now been replaced by the Skilled Worker visa under the points-based system, individuals who hold a Tier 2 visa can still apply for ILR, provided they meet the Home Office ILR requirements.

Applicants must typically complete five years of continuous residence in the UK under an eligible visa route, such as the Tier 2 or Skilled Worker visa. Other key requirements include meeting a minimum salary threshold and demonstrating sufficient knowledge of the English language and life in the UK through the Life in the UK test.

The process involves making an online application to the Home Office and compiling extensive supporting documentation of your employment, earnings, and immigration history, and attending a biometric appointment. A clean immigration record is essential, as absences exceeding 180 days per year or breaches of visa conditions can affect eligibility. Avoiding issues and errors with the application will be critical to avoid a delayed or refused application.

Applicants should also ensure their employer is still a licensed sponsor and that their employment meets the required conditions.

In this guide, we set out the key ILR requirements for Skilled Worker or Tier 2 visa holders.

 

What are the Tier 2 to ILR requirements?

 

You will become eligible to apply for ILR if you have been in the UK for five years while holding a Tier 2 or Skilled Worker visa and you meet the other ILR requirements:

 

• You are earning the relevant applicable minimum salary threshold or above.
• You have been living and working in the UK for the duration of the qualifying period of five-years.
• You are still employed by a registered sponsor able to legally employ migrant workers.
• You pass the English language requirement and Life in the UK test.
• You have no unspent convictions.

 

 

Tier 2 to ILR Salary Requirement

 

The minimum salary thresholds for applying for ILR from a Tier 2 or Skilled Worker visa depend on the specific visa type, occupation and individual circumstances.

Under the standard salary rules, you must earn at least the higher of £38,700 per year, or the ‘standard going rate’ for your job, as listed in the Home Office’s Going Rates Table. For example, if your salary is £40,000 per year but the standard going rate for your job is £45,000, you do not meet the requirements.

Only earnings from the main sponsored job count, and calculations are based on up to 48 hours per week if paid hourly.

The salary thresholds differ for specific categories:

 

Healthcare and Education Roles

For eligible healthcare or teaching roles, based on national pay scales, you must earn the higher of £23,200 per year, or the going rate for your job based on national pay scales.

 

Health and Care Worker Visa Holders

If you hold a Health and Care Worker visa and your job is on the Immigration Salary List, you must earn the higher of £29,000 per year, or £23,200 per year if the job was on the Shortage Occupation or Immigration Salary List when you applied, or the lower going rate for your occupation.

 

Skilled Worker Visa Holders Sponsored Before 4 April 2024

If you received your Certificate of Sponsorship (CoS) for a Skilled Worker or equivalent visa before this date and have continuously held such visas, you must earn the higher of £29,000 per year, o £23,200 per year if the job was on the Shortage Occupation Immigration Salary List at the time of your application, or the lower going rate for your job.

 

Certain Research or Academic Roles

For those sponsored under specific occupation codes, such as natural or social scientists and higher education teaching professionals, you must earn the higher of £23,200 per year, or the applicable going rate.

 

International Sportspersons

For individuals holding International Sportsperson or related visas, the salary threshold is £35,800 per year.

 

T2 Minister of Religion Visa Holders

The salary must meet the national minimum wage and be comparable to UK workers in the same role.

 

ILR qualifying period

 

One of the ILR requirements is that you have been living in the UK lawfully for five continuous years.

While you will need to be in the UK on a valid Tier 2 visa to apply for ILR, it is possible that the five qualifying years are made from consecutive periods of leave preceding your current Tier 2 visa, which could include:

 

• Skilled Worker Visa (formerly Tier 2 General)
• T2 Minister of Religion Visa (formerly Tier 2 Minister of Religion)
• International Sportsperson Visa (formerly Tier 2 Sportsperson)
• Tier 2 (Intra-Company Transfer) Visa: In some instances, time spent on this visa may count, particularly if the visa was granted under the rules in place before 6 April 2010.
• Any Tier 1 Visa: Including Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor), and Tier 1 (General) Migrant.
• Innovator Founder Visa
• Global Talent Visa
• Scale-up Worker Visa
• Representative of an Overseas Business Visa
• Work Permit Holder
• Highly Skilled Migrant Programme

 

 

Tier 2 ILR continuous residence & absence

 

The rules for continuous residence and permitted absences when applying for Indefinite Leave to Remain (ILR) in the UK are designed to ensure that applicants have demonstrated a substantial connection to the UK during their qualifying period of residence. These rules apply to most visa categories, including Tier 2 (now Skilled Worker), Health and Care Worker, and others leading to ILR.

Continuous residence is defined as the time an individual spends lawfully living in the UK without breaching immigration rules. For most ILR applications, the required period of continuous residence is five years, though some routes, such as settlement for Innovator or Global Talent visa holders, may allow shorter qualifying periods.

Absences from the UK during the qualifying period are permitted, but they are subject to strict limits. Applicants must not have been absent from the UK for more than 180 days in any 12-month rolling period during the qualifying period. Absences are calculated on a rolling basis, meaning that any 12-month period within the qualifying years is assessed, not just calendar years.

Certain absences are allowed and do not break continuous residence. These include time spent outside the UK for work purposes directly related to the applicant’s employment, provided they were required by their sponsoring employer. Additionally, absences for compelling personal reasons, such as serious illness, bereavement, or exceptional family circumstances, may also be acceptable. These absences must be supported by evidence, such as employer letters or medical documentation.

Time spent outside the UK due to COVID-19-related restrictions, such as travel bans or illness, can be treated as an exception if the applicant provides proof that the absences were unavoidable. This concession has been particularly relevant for applicants affected during the pandemic.

Absences for leisure, holidays, or personal reasons are generally allowed within the 180-day limit, but prolonged periods of absence for such purposes without a valid reason may disqualify an applicant from meeting the continuous residence requirement.

When calculating absences, any time spent in the UK is counted as a full day of residence, even if the applicant left or arrived on the same day. This means that trips of short duration, such as weekend visits abroad, are unlikely to impact the calculation.

If an applicant has exceeded the 180-day absence limit in any 12-month period, they will generally not qualify for ILR unless the absences fall under an exception. It is important to note that exceeding the limit does not reset the qualifying period, but the continuous residence requirement would need to be re-established with a new period of lawful residence.

Applicants must provide accurate records of their absences as part of their ILR application. This typically involves submitting a travel history that lists all trips outside the UK during the qualifying period, including dates of departure and return. Employers or sponsors may also need to provide letters confirming the purpose and necessity of any work-related absences.

Failure to meet these ILR requirements, either by exceeding permitted absences or providing incomplete or inaccurate records, can result in the refusal of your application, so it will be important to plan your travel activities carefully during the qualifying period of residence and keep detailed records of your time spent within and outside the UK during this period.

 

English language & Life in the UK test

 

One of the requirements of ILR is that applicants satisfy the knowledge of language and life in the UK (KoLL). This includes passing the Life in the UK test.  This is a computer-based assessment taken at an approved test centre where you will be asked a series of multiple choice questions relating to British politics, history and culture.

You will need to score 75% to pass. Applicants are advised to prepare in advance.

In addition, you will also have to show that you meet the required standard for English either by:

 

• having a speaking and listening qualification in English at B1 level or above of the Common European Framework of Reference for Languages (CEFR);
• having a degree that was taught or researched in English; or
• being a national of a majority English-speaking country.

 

The English language test must be taken at a Home Office-approved centre to be valid.

 

ILR supporting documents

 

All supporting documents must be in original form. Photocopies will not be accepted. They must be written in English or Welsh, or otherwise a certified translation is to be provided along with the original document.

The documentation you submit should evidence your eligibility and corroborate the information you provide within your application form. In general, these could include:

 

• Proof of identity: valid, current passport or travel document; two passport sized photographs.
• Continuous residence: council tax statements, utility bills, mortgage statements, tenancy agreements.
• Life in the UK pass notification.
• English language test certificate.
• Finances and work: most recent original Bank/Building Society statement from within one calendar month before the date of application; bank statements for the last 3-6 months showing salary; payslips and P60 for last 3-6 months; contract of employment; letter from current employer confirming that you are still needed to work in your role, you are paid at the correct salary and that you have taken paid annual leave.

 

Other forms of evidence may be required specific to your circumstances and eligibility, for example if you have been issued with a Police Registration Certificate and need to register with the police, this should be submitted as part of your application, or if you have been married, divorced or changed your name by deed poll.

 

Tier 2 to ILR application form

 

You will need to make your application online before your current period of leave expires. The ILR application form to use is SET (O).

 

How soon before your visa expires can you apply for ILR?

 

You may be able to apply for ILR earlier than you think. It is generally thought you can apply 28 days prior to the date you entered the UK, but this is not always the case. If you entered the UK within 3 months of your visa being issued, you might be eligible to apply 28 days prior the issue date on the visa. It is recommended to take advice on your circumstances to ensure the correct timing of the application, as you will be refused ILR if you submit your application more than 28 days before the completion of your five-year qualifying period.

The same consideration applies if you entered the UK after the start of your visa’s validity date. You must have completed the full qualifying period before you can make the ILR application. In some cases, if you arrived weeks after the visa start date, you may have to apply for a visa extension to take to you to the full qualifying period of residence.

 

How long does it take to get British citizenship after ILR?

 

Before you can apply to naturalise, you need to have held ILR status for at least one year, unless you are married to a UK settled person. If you are the spouse of a UK citizen or a person with UK settled status, you can apply to naturalise as a British citizen after 3 years of holding ILR.

 

Can ILR status be lost?

 

ILR can be lost after 2 years’ absence from the UK. Should you wish to return to the UK after an extended absence of more than 2 years, take advice on your immigration options such as the Returning resident visa.

 

Need assistance?

 

DavidsonMorris are specialist UK immigration solicitors, advising on all aspects of ILR. We work with employers looking to retain sponsored workers by supporting them through the ILR application process and enable them to remain lawfully in the UK, and also with visa holders applying to settle in the UK. For specialist advice, contact us.

 

Tier 2 to ILR FAQs

 

What is Indefinite Leave to Remain (ILR)?

ILR allows you to live and work in the UK without time restrictions. It is often a step towards British citizenship for those who qualify.

 

Can time on a Tier 2 visa count towards ILR?

Yes, time spent on a Tier 2 visa (now replaced by the Skilled Worker visa) can count towards the five-year continuous residence requirement for ILR.

 

Can I combine different visa categories to meet the five-year requirement?

Yes, you can combine time spent on qualifying visa categories, such as Tier 2, Skilled Worker, Tier 1, Global Talent, and others, as long as they meet the continuous residence criteria.

 

Does the Tier 2 (Intra-Company Transfer) visa count towards ILR?

In most cases, time spent on a Tier 2 (Intra-Company Transfer) visa does not count, unless the visa was granted under the rules in place before 6 April 2010.

 

What is continuous residence, and how is it calculated?

Continuous residence means you have lawfully lived in the UK without excessive absences. You must not have been absent for more than 180 days in any 12-month period during the qualifying period.

 

Are absences for work-related travel allowed?

Yes, work-related travel required by your employer is typically allowed, but you must provide evidence to justify these absences.

 

Can absences due to COVID-19 affect my ILR application?

COVID-19-related absences may be considered exceptional and not break continuous residence, provided you can show evidence, such as travel restrictions or illness.

 

What if my employer changes during my qualifying period?

You can switch employers as long as you continue to meet the visa requirements and your new role complies with the conditions of your visa.

 

Do I need to take the Life in the UK Test?

Yes, most applicants must pass the Life in the UK Test as part of the ILR application process.

 

What happens if I fail to meet the ILR requirements?

If you do not meet the requirements, your application may be refused. You may still qualify for an extension of your current visa, allowing you to reapply later.

 

Glossary

 

Term	Definition
Indefinite Leave to Remain (ILR)	Permission to stay in the UK permanently without time restrictions, often leading to British citizenship.
Tier 2 Visa	A former UK work visa category for skilled workers, replaced by the Skilled Worker visa in December 2020.
Skilled Worker Visa	The current UK work visa category for skilled workers, allowing employers to sponsor non-UK nationals for work.
Continuous Residence	A requirement for ILR applicants to have lawfully lived in the UK for a set period, with limited allowable absences.
Qualifying Period	The minimum duration of continuous residence in the UK required to apply for ILR, typically five years for most visa routes.
Absence Limit	The maximum number of days an ILR applicant can spend outside the UK without breaking their continuous residence (180 days per 12 months).
Certificate of Sponsorship (CoS)	A document issued by a licensed employer to confirm a role is eligible for a work visa application.
Global Talent Visa	A visa route for individuals with exceptional talent or promise in specific fields, replacing the Tier 1 (Exceptional Talent) visa.
Immigration Rules	Legal requirements set by the UK government for visa applications, including ILR eligibility criteria.
Life in the UK Test	A mandatory test for most ILR applicants, assessing knowledge of British culture, history, and values.
BRP (Biometric Residence Permit)	A physical card that confirms an individual’s immigration status in the UK, required for most visa holders.
Immigration Salary List	A Home Office document specifying salary thresholds and going rates for eligible jobs under work visa routes.
Going Rate	The standard salary rate for a particular job role as determined by the Home Office, used to assess visa eligibility.
Exceptional Circumstances	Special situations, such as COVID-19 travel restrictions or illness, that may justify exceeding absence limits for ILR.