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You can apply for indefinite leave to remain under the judicial review if you have been in the UK for 4 years as a highly skilled migrant.
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At ICS Legal, we work closely with our clients to prepare and represent our clients for an application made to the Home Office.
Our legal cost for a postal application start at £350.
Call us today on 0844 800 3919.
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The Tier 1 General migrant allows you to settle in the United Kingdom if you have been in this category for five years. This is set out in the immigration rules at paragraph 245E of part 6A. You must be in this category on a continuous basis and not be absent from the United Kingdom more than the specified time.
Under the rules, to satisfy the five-year qualifying period for settlement under this category, you may include any periods of leave (permission to stay) under any of the following immigration categories that immediately precede your time here under the highly skilled worker category:
- highly skilled worker (Tier 1 General);
- Highly Skilled Migrant Programme;
- work permit holder;
- innovator;
- self-employed lawyer; or
- writer, composer or artist.
The immigration rules are subject to change and you must meet the rules that are in place at the time that you apply for settlement.
Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.
Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.
Post 6th April 2011
To settle in the UK as a Tier 1 migrant, the following will be completed or must be demonstrated:
- A new criminality threshold. Applicants will need to be clear of unspent convictions when they apply for settlement.
- A new income requirement. Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice.
- Reform of the English language requirement. Migrants in Tier 1, Tier 2 and their precursor routes will need to pass the Life in the UK test rather than an ESOL with citizenship course. Transitional arrangements will apply.
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020 7237 3388
