Tier 2 Settlement | Indefinite Leave to Remain

The Tier 2 General visa is a route to settlement, once you have completed 5 years continuous residency in the UK. Your residency can be broken in a number of ways, not limited to absences but in other forms. 

When an application for indefinite leave to remain, also referred as ILR, as a Tier 2 General visa holder is lodged, you must check that your application is valid, you must hold a valid identity document, and must submit valid biometric information. 

As part of the indefinite leave to remain application under the Tier 2, you must meet the public interest argument and must not fall for refusal under general grounds of refusal. You must also make sure that you do not fall for refusal under paragraph 320 to 324 of the immigration rules, which is set out in part 9 of the immigration rules.

The immigration rules allows you to combine periods of residency under other limited categories which are as follows:

1. A member of the operational ground staff of an overseas-owned airline. 

2. A minister of religion, missionary or member of a religious order. 

3. A qualifying work permit holder. 

4. A representative of an overseas newspaper, news agency or broadcasting organisation. 

5. A highly skilled worker, investor or entrepreneur in Tier 1.

Where you have held Tier 2 (intra-company transfer) visa before 6th April 2010, those periods of residency can also be combined. Your certificate of sponsorship from your employer must remain valid and should not have been withdrawn. The salary requirements as published under the immigration rules must also be met at the date of application. 

At the date of application, you must meet the KoLL requirements also referred as the knowledge of life requirement. Further to this, you must also meet the financial adequacy test and also meet the adequate accommodation requirements. 

Dependants applying for indefinite leave to remain under Tier 2

Your dependants are eligible to apply for indefinite leave to remain also referred as Tier 2 settlement at the same time as you, as long as they have lived with you in the United Kingdom for a period of 5 years. 

Evidence of cohabitation and details of your relationship are some of the requirements which are needed to be met when they apply for indefinite leave to remain as a dependant on the Tier 2 General category. 

Your children are eligible to apply for settlement at the same time as you, as long as they meet the requirements of the immigration rules. Your dependant children must not be living an independent life, nor are married and must remain as part of the household. 

Minimum salary for ILR applications from April 2016

The Home Office since April 2016 have published new salary threshold which needs to be met at the date of application. Those applying under the Tier 2 General visa will need to meet the appropriate salary, which is set out in the policy law. This figure will change year on year and you should check before you submit your indefinite leave to remain application. 

There will be an exemption from the £35,000 minimum pay threshold for migrants who are sponsored in a job listed either on the PhD-level occupation list or the shortage occupation list at any point during the migrant’s sponsored employment. Such migrants will still need to meet the salary requirements published in the Codes of Practice for their particular job.

It should be noted that taken together with the six year limit on the duration of stay for Tier 2 migrants introduced into the Immigration Rules in April 2012, the announced changes will put considerable pressure on the employers who may be losing their key personnel where they are unable to meet the new settlement requirements and have no option but to leave the country with no right to return within 12 months in the same immigration category.

Frequently asked questions related to Tier 2 ILR application

We hope the following will answer some of the common questions asked about the Tier 2 General ILR visas. 

How can I apply for indefinite leave to remain under Tier 2 General?

Once you have completed 5 years continuous residency, you can apply for indefinite leave to remain under the Tier 2. The application is completed online and all specified evidences must be lodged at the date of application. 

Do I need to lodge evidences at the date of application?

Yes, your evidences are crucial part of your immigration application. It is important that you take legal advice prior submitting your application for indefinite leave to remain. 

What happens if my sponsorship certificate is withdrawn?

If your sponsorship is withdrawn, then we will need to advise you on what can be done further. Usually, having your Tier 2 sponsorship withdrawn prevents you applying for indefinite leave to remain. 

Can I appeal against a Tier 2 General ILR refusal?

Where your application for Tier 2 General is refused, you will be able to challenge against the decision. Usually, you will have 14 days to do so and will need to make a formal submission as part of challenging against the decision. You cannot submit further evidences post the date of application. 

Can I appeal against an ILR refusal based on human rights grounds?

Yes, to attract a right to appeal against the decision before the First Tier Tribunal. Usually, an application for indefinite leave to remain should attract a right to appeal, however unless you demonstrate how the decision impacts your right to family and private & draw Article 8 ECHR rights, the Home Office may decide not to grant a right to appeal. Simply stating the refusal will impact your human rights is not sufficient. 

In addition to this, if a right to appeal is not generated albeit you have raised sufficient grounds and have enclosed substantial evidences to support your human rights grounds, we can also consider judicial review process once you have followed the legal remedy which is currently available. 

Taking legal advice on the Tier 2 General ILR application

At ICS Legal, we will advise you on the correct process of applying under the Tier 2 General visa for indefinite leave to remain and support you throughout the ILR application process.

You can speak to one of our UK Immigration Lawyers on the Tier 2 General visa ILR requirements by sending us an email on info@icslegal.com or you can call us on 0207 237 3388. We also have a free visa assessment form that you can complete, and ensure you meet the prescribed requirements for the ILR under Tier 2.