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Skilled Work Permit

Tier 2 Settlement | Indefinite Leave to Remain

The Tier 2 General category allows you to settle in the United Kingdom after five years continuous residence. You must be in continuous employment through the periods. The five year continuous time in the United Kingdom can include any time you spent under any of the following immigration categories you were in before tier 2 of the points-based system: 

  • a member of the operational ground staff of an overseas-owned airline;

  • a minister of religion, missionary or member of a religious order;

  • a qualifying work permit holder;

  • a representative of an overseas newspaper, news agency or broadcasting organisation;

  • a highly skilled worker, investor or entrepreneur in tier 1.

Your dependants are eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement. 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.

There has been changes to the rules for those applying to settle in the UK under the Tier 2 migrant category, call ICS Legal on 0207 237 3388 and discuss your case with one of our legal advisors. We would be able to assess whether you meet the requirements of the Immigration Rules or complete our visa assessment form, by clicking here. 

Forthcoming changes for Tier 2 migrants

The UK Border Agency has announced that it will be introducing changes to the Immigration Rules for indefinite leave to remain for Tier 2 (General), Tier 2 (Minister of Religion) and Tier 2 (Sportsperson) categories which will come into effect in April 2016. Migrants and employers are being made aware of the changes well in advance.

Minimum salary for ILR applications from April 2016

Tier 2 (General) and Tier 2 (Sportsperson) migrants wishing to apply for indefinite leave to remain will have to demonstrate that they are receiving either a gross salary of £35,000 per year or the appropriate amount for their job as set out in the Codes of Practice, which are published on the UK Border Agency website. This figure will change year on year and you should check before you submit your indefinite leave to remain application. 

Tier 2 (Sportsperson) migrants will also have to provide evidence from their employer to demonstrate that they meet the new minimum pay threshold.

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.

Tier 2 (Ministers of Religion) migrants will not be subject to the changes in respect of indefinite leave to remain. 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.

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