Work Route leading to ILR

The work or the employment categories that lead to Indefinite Leave to Remain in the UK includes the following:-

Tier 1 (General) Migrants

Applicants under the Tier 1 (General) category must spent five (5) years continuous residency in the UK and meet the either 75 points (if the initial application was applied prior to 19th July 2010) or 80 points (when the initial application was applied after 19th July 2010).

Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal

Tier 2 (General) Migrants

Applicants under the Tier 2 (General) category must spent five (5) years continuous residency in the UK. They must be still required by their sponsor and they are paid at or paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.


Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal

Tier 1 (Entrepreneur) Migrants

Applicants holding a Tier 1 (Entrepreneur) Visa for a total of three (3) years (if applicants have created 10 jobs for the resident workers and have turnover of £5 million) or five (5) years, applicants may be entitled to apply for Indefinite Leave to Remain (ILR). They must also meet relevant points in the investment and the business activity attributes.


Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal.

Tier 1 (Investor) Migrants

Applicants who are investing £10 million will be eligible to settle in the UK after two (2) years; with £5 million investment will be eligible to settle in the UK after three (3) years; and with £1 million investment will be eligible to settle in the UK after five (5) years. They must also meet the points in the Assets and investment attributes.


Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal

Sole Representative Visa

Applicants under the Sole Representative Visa category must spent five (5) years continuous residency in the UK. They must be still required by their employer, provide evidence to show they have established a branch registered as a UK establishment or subsidiary and generated business and their employer must still be actively trading and remain centred overseas. 


Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal

Ancestry Visa

Applicants under the Ancestry Visa category must spent five (5) years continuous residency in the UK. They must still meet the UK ancestry requirements and they have stayed employed or seek further work.


Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


Furthermore, applicants must not fall for refusal under the general grounds for refusal

FAQS
  • How many days am I allowed to stay outside UK to apply for ILR?v
    • In order to meet the continuous residency requirement, applicant should not be outside UK for more than 180 whole days in any of the five consecutive 12 month periods, preceding the date of the application for Indefinite Leave to Remain (ILR). The specified continuous period is counted backwards from the date of the ILR application.

      For example, if the date of application is 1st December 2013, the 12 months period would start from 1st December 2013 to 31st December 2012 and every consecutive year counting backwards.

  • Do I have work full five (5) years on Tier 1 (general) visa?v
    • There is no requirement that applicant needs to employed or working for the full five (5) years to qualify for Indefinite Leave to Remain in the UK. As long as the applicants meet the relevant points for the Indefinite Leave to Remain, they will be eligible.

  • Which type of Tier 2 (Intra Company Transfer) qualifies for ILR?v
    • Applicants can apply for settlement if they have spent a continuous period of five (5) years lawfully in the UK as a Tier 2 (Intra-Company Transfer) Migrant granted before 6th April 2010.

  • What is Criminality requirement of ILR?v
    • From the 1st October 2012, certain immigration and nationality decisions were exempt from s4 of the Rehabilitation of Offenders Act 1974. As a result, the concept of a conviction becoming "spent" no longer applies when making an assessment of good character.  The Good Character or Criminality test is applied to all persons over the age of ten (10) year.

      Some of the following issues that are considered against the ‘Good Character’ requirement are -

      • They have not respected, and/or are not prepared to abide by the law; or
      • They have been involved in or associated with war crimes, crimes against humanity or genocide, or other actions that are considered not to be conducive to the public good ;
      • Their financial affairs were not in appropriate order; or
      • Their activities were notorious and cast serious doubt on their standing in the local community; or
      • They had been deliberately dishonest or deceptive in their dealings with the UK Government;  or
      • They have assisted in the evasion of immigration control; or
  • What is my immigration status while my application is pending?v
    • If applicants submit their application before their authorised stay ends, their existing immigration status will continue until their application is decided, even if the decision is not made until after the end of their permitted stay. Applicant can continue to work until their case is decided if the conditions of their existing leave allow them to do so.

  • Biometric Requirementv
    • Foreign nationals from outside the European Economic Area making certain applications to the Home Office have to apply for a biometric residence permit. This applies to both postal applications and applications made in person (known as ‘premium applications’). The biometric residence permit is a residence permit which holds a migrant’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. This also means that a UK visa will no longer be stamped in applicant’s passport and all applicants will be issued one of the new Biometric visa cards instead.  These cards look very similar to a (pink) UK driving license except they have a microchip on the back.

      Applicants who wish to extend their stay in the UK by post, the Home Office will send them a letter asking them to enrol their biometrics after the Home Office have received their application. Applicants will be able to enrol their biometric information one of the Post Offices offering this service across the UK using their walk-in service.

      Applicants who are submitting their application in person can do this at one of the Public Enquiry Offices by using the premium service. Applicants will enrol applicants’ biometric information at the same time as making their application.

      For application submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centres. Successful applicants will receive a 30 day ‘vignette sticker’ in their passport instead of a vignette with the full grant of leave. This 30 day visa will be the date they indicated as their intended travel date in their visa application. Applicants will be required to collect their BRP from the Post Office branch detailed in their decision letter within ten days of arrival in the UK. The Post Office branch is linked to the postcode that they submitted in their visa application. The BRP card can then be used as proof of right to work, study and access public services in the UK.

  • Government Feesv
    • Home Office fees for Indefinite Leave to Remain Application
        Postal  Same day Overseas
      Main Applicant £2,297 £2,887 N/A
      Partner & Child (<18years), applying together £2,297 £2,887 N/A
      Partner & Child, applying later £2,297 £2,887 N/A  
  • Our Feesv
    • Service Fees (GBP)
      Manage your application £150
      Postal- Full representation service £600
      Premium- Minus representation service £800
      Premium- Full Representative Service £1,000
      Same day checking service £350
      Document Verification Service £150
      Telephone Consultation £100 per/hour
      Face to Face consultation £100 per/hour
      Form Filling Service £100 per application
      * For full description of the services, please refer to our 'Services' section on our website.  

       

  • Processing Timesv
    • In line with the Home Office service standards for processing UK visa applications, they decide 95 per cent of settlement applications within 12 weeks of the application date and 100 per cent within 24 weeks of the application date.

      Applicants apply for the Same Day at one of Public Enquiry Office (PEO) in the UK; the application is normally decided on the same day.


       

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