This route is for applicants who wish to settle in the UK as a result of their work or business activities. It includes Tier 2 general, Appendix W workers (Innovator & Global Talent), Sole Representative of an overseas business, and UK Ancestry visas.
SETTLEMENT ELIGIBILITY REQUIREMENTS
To be eligible for Indefinite Leave to Remain, an applicant must normally meet the following requirements.
- Spent a continuous period of lawful residence in the United Kingdom under a permitted category – normally five years unless applying for accelerated settlement.
- Not been absent from the United Kingdom for more than 180 days in any of the twelve months preceding the date of application on a rolling basis.
- Possess a sufficient command of the English language or be exempt
- Passed the Life in the United Kingdom test or was exempt Additionally, each of the work-related categories has its own set of additional eligibility requirements for settlement, which are summarised below.
SETTLEMENT AS A TIER 2 GENERAL WORKER
Workers in the Tier 2 General category may be eligible for Indefinite Leave to Remain if they have spent five years in the UK in any combination permitted under immigration rules paragraph 245HF(c) and meet the requirements below.
- Employed by a Tier 2 registered sponsor who can certify that the applicant will be required to work in the near future
- Paid at or above the rate specified in the Codes of Practice for the current role
- Pay a minimum salary as specified in the guidance (which changes annually), or be exempt if the job requires a PhD or is in a shortage occupation.
AS AN APPENDIX W MIGRANT SETTLEMENT
Workers employed by the Innovator may be eligible for Indefinite Leave to Remain if they have lived in the UK for three years. No other leave may be combined with this one. To be eligible to apply for settlement as an Innovator migrant, the applicant must obtain an endorsement letter confirming that the applicant has demonstrated significant achievements when compared to the business plan assessed in their previous endorsement, that the applicant’s business is registered with Companies House and the applicant is listed as a director or member of that business, that the business is active and trading, and that the business appears to be sustainable for at least one year. Additionally, the applicant must satisfy at least two of the following criteria. • £50,000 invested in the business and actively spent on advancing the business plan based on prior endorsement
- The business’s customer base has more than doubled in the last three years and is now greater than the average customer base for other UK businesses offering comparable primary products or services.
- The company has conducted significant research and development and has filed for intellectual property protection in the United Kingdom.
- The business generated a minimum of £1 million in annual gross revenue in the most recent full year covered by its accounts.
- The business generated a minimum of £500,000 in gross revenue in the most recent full year covered by its accounts, with at least £100,000 in export revenue.
- The enterprise has generated the equivalent of at least ten full-time jobs for local residents.
- The enterprise has created the equivalent of at least five full-time jobs for local residents, with an average annual salary of at least £25,000. (gross pay, excluding any expenses).
In the case of Global Talent, applicants may apply for Indefinite Leave after three years if their most recent endorsement was based on exceptional talent criteria established by any endorsing body, exceptional promise criteria established by endorsing bodies for science, engineering, humanities, and medicine, or endorsement was based on the UKRI “endorsed funder” fast track criteria. If the applicant’s most recent endorsement was under the “exceptional promise” criteria for Arts Council England or Tech Nation, they must wait five years before applying again. The applicant must meet both of the following criteria in order to be eligible to apply for settlement as a Global Talent migrant. • Must have earned money in the UK during their previous grant of leave and be connected to the expert field for which they were initially approved. • The endorsing body does not revoke the endorsement.
SETTLEMENT AS A SOLE REPRESENTATIVE OF INTERNATIONAL BUSINESS
To qualify for Settlement in the United Kingdom as the Sole Representative of an Overseas Business, the applicant must typically meet the following requirements.
- Spent five years in the UK as the sole representative of an overseas business and is continuing on the same path at the time of application.
- Intend to continue working in the job for which the applicant was granted permission to enter the UK in the first place
- The applicant has supported himself and his dependents in the United Kingdom without relying on public funds.
- Establishment of a UK-registered branch or subsidiary of an overseas business and revenue generated from that
- Prove that the company’s head office is still operational and located abroad.
SETTLEMENT AS A PERSON WITH BRITISH ANCESTOR
To be eligible for Settlement in the UK on the basis of UK Ancestry, an applicant must typically meet the following requirements.
- Spent a total of five years lawfully in the United Kingdom on an Ancestry visa.
- Be employed, self-employed, or actively seeking employment on the date of application and have continued to be employed, self-employed, or actively seeking employment throughout the five-year qualifying period.
- Meet the lack of language and cultural knowledge in the United Kingdom.
QUESTION AND ANSWER
Q: CAN MY PARTNER AND CHILD APPLY FOR SETTLEMENT?
A: Partners may be eligible for ILR if they have been living with the main applicant in the UK for 5 years (if they applied on or after 9 July 2012). A child of the main applicant may be eligible for ILR.
Q: WHEN CAN I APPLY FOR BRITISH CITIZENSHIP?
A: Unless married to a British Citizen spouse, applicants can apply for naturalisation 12 months after receiving the settlement.
Q: IS IT POSSIBLE TO GET A LANGUAGE AND LIFE EXEMPTION IN THE UK?
A: Applicants under the age of 18 or over the age of 65, and those with long-term illnesses, mental conditions, or disabilities are normally exempt.
Q: HOW LONG DOES IT TAKE TO BREAK A HABIT?
A: Applicants may spend up to 180 days per year outside the UK and still be eligible for Settlement.
Q: WHAT IF MY SETTLEMENT STATUS MAY EXPIRE?
A: If you leave the UK for 2 years, your settlement status lapses. If so, they must apply as a returning resident to return to the UK.