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Applications for indefinite leave to remain (ILR) in the UK for Tier 1 General visa holders must be submitted by 5 April, 2018 at the latest. Tier 1 General ILR closes on 6 April, 2018 and so this UK settlement route is being withdrawn from this date. You should make sure that you have passed the Life in the UK Test before you apply and in some circumstances you may need to pass an English language test.
Sanwar Ali workpermit.com Comment:
The Tier 1 General Visa category was an enormously successful visa category when it was introduced by the Labour Government in 2008. However over the years anti-immigration sentiment has increased. These days for skilled workers from outside the EU the only UK visa route in many cases is the Tier 2 Visa route sponsored by an employer with a Tier 2 sponsorship licence.
The UK has some of the highest visa fees in the World. Applying for ILR for a whole family can be very expensive.
The Tier 1 General visa route has been closed to new applications and extensions for some years, but current Tier 1 General visa holders are permitted to apply for ILR where eligible.
Applicants granted ILR status are permitted to live and work in the UK, can remain permanently in the UK and work for anyone they wish to. After 12 months under ILR status, it may be possible to qualify for UK citizenship.
Tier 1 General ILR qualifying criteria
Under current UK immigration regulations, Tier 1 General visa holders could qualify to apply for ILR following five continuous years’ lawful residency in the UK. Applicants must have been ‘economically active’ in Britain too, under one of the following UK visa categories:
- Tier 1 (General) migrant
- Tier 2 (General) migrant
- Tier 2 (Intra-Company Transfer) migrant granted under the rules in place before 6 April 2010
- Highly Skilled Migrant Programme (HSMP) participant; or
- Work Permit holder
The most recent stay in the UK must have been under the Tier 1 General visa.
To apply for ILR, you must be aged 18 – 64, while being able to meet a strict minimum earnings threshold covering 12 consecutive months of the last 15 months prior to your application.
Proof of sufficient maintenance funds will be required, while applicants must pass a Life in the UK Test and in some circumstances a recognised English language test. Additionally, you must be free of any unspent convictions and you will be required to provide biometric information – fingerprints and facial image.
A biometric residence permit must be obtained as confirmation of your UK immigration status and entitlements.
ILR fees and documentation
According to Home Office information, the application fee for ILR is £2,297 for 2017-2018. If a family is applying the total fees can be very substantial. Additional documents needed must be submitted along with an ILR application form, and will include items such as personal tax returns. Documents must be supplied in the requested format and within the time periods specified.
ILR applications can be made together with the spouse, partner and children under the age of 18, provided that they possess dependent visas – not as separate visa holders. For instance, if a spouse possesses a Tier 2 visa, they are unable to apply for ILR as part of a main applicant’s application.
Meanwhile, children born outside Britain are only eligible for ILR if both parents have or are applying for ILR. Children born in Britain are not subject to the ILR application process, they can be registered as British once both parents hold confirmed ILR status.
ILR conditions
Despite ILR being classified as permanent, it can be revoked under certain circumstances – including due to a prolonged duration outside the UK (usually a continuous period of two years or more), national security reasons or a conviction for criminal activity that results in deportation from the UK.
However, if you’re not eligible for ILR or you’re not considering applying for ILR, there may be other options available to you. Call workpermit.com on +44 (0)344-991-9222 or email london@workpermit.com to discuss your options.
Workpermit.com can help with Tier 2 Visa Sponsorship Licences and Tier 2 Visas
If you need help with a Tier 2 Sponsorship Licence or would like help with complying with your Tier 2 Sponsorship Licence obligations workpermit.com can help. Call 0344 991 9222 for further details.
Workpermit.com has almost thirty years of experience in immigration services, and have helped thousands of people to live and work in the UK.
