Indefinite Leave to Remain
Indefinite Leave to Remain – Working Route
You may be eligible to apply for Indefinite Leave to Remain if you have lived in the UK lawfully and continuously for 5 years and your last visa were any of the following visa categories:
- Tier 1 (General) Migrant
- Tier 2 (General) Migrant
- Tier 2 (Intra-Company Transfer) – if you applied before April 2010
- Ancestry Visa
- Highly Skilled Migrant Programmed
- Work Permit Holder
You can combine the above visa with the following visas to complete the 5 years period:
- Highly Skilled Migrant Programme
- Work Permit Holder
Depending on which visa you are currently holding, the Applicant will need to show that they still meet their respective visa requirements in order to successfully apply for Indefinite Leave to Remain.
If a person is currently on Tier 1 (General) migrant visa, the Applicant will need to show that he/she still meets the Attributes requirements of Tier 1 (General) requirements. This means that they must meet the 75 points requirement (for initial application submitted before April 2010) or 80 points (for initial application submitted after April 2010).
If a person is currently on a Tier 2 visa (either Tier 2 General or Intra Company Transfer as above), the Applicant will need to ensure that they are paid at the correct salary in accordance to the closest Standard Occupational Classification (SOC) Codes of Practise most applicable to their employment. In addition to the correct salary, the Applicant will need to obtain a letter from their employer confirming that they are being paid at the correct rate in accordance to the SOC codes and that the Applicant will still be required to work with the company after obtaining his/her Indefinite Leave to Remain. The Applicant will also need to submit his/her most recent payslips and bank statements as evidence to show that they have been paid at the correct salary bracket.
If you are combining your most current period of leave with another accepted visa category, you will need to include the correct evidence to show that you met the required requirements of the previous visa in addition to the above. A typical example will be if you are applying for ILR on the basis of combined leave as a Tier 1 (General) migrant worker and a Work Permit Holder, you will need to submit documents to show that you meet the Tier 1 (General) requirements as well as supporting documents to show that you were on Work Permit visa – This typically will be your passport bearing the Work Permit vignette, the P60 for the year(s) employed as a Work Permit holder as well as the original Work Permit endorsement letter.
As per any Indefinite Leave to Remain application, the Applicant will need to show evidence of meeting the English Language requirement. This will deemed to be automatic if you are already holding the appropriate work visa. The Applicant must also show evidence of successfully meeting the Knowledge of Life in the UK requirement. He/she must submit the Past Notification Letter confirming that he/she has successfully passed the Life in the UK test.
Your dependants may be eligible to apply for ILR at the same time subject to their visa status. A dependant who has been granted a Dependant visa prior to July 2012 will be able to apply for ILR together with the main applicant if he/she has lived in the UK for a minimum of 2 years.
If the dependant was granted a dependant visa post July 2012, he/she will need to complete 5 years minimum residency as a dependant before he/she can apply for ILR.
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