Indefinite Leave to Remain (ILR) Sponsored staff guide

After a specified period of lawful residence in the UK, you may be entitled to apply for permission to settle.

This is referred to as Indefinite Leave to Remain (ILR) or Settlement, and it allows you to stay in the UK indefinitely.

To be eligible for ILR Application, you must meet all of the conditions of the Immigration Rules at the time you apply. Because immigration rules are prone to change, it is critical that you are aware of the criteria during your qualifying time.

 The minimum duration of continuous residency in the UK is one of the requirements you must achieve. The length of continuous residence required for ILR will be determined by your present immigration status. You can use the Home Office settlement tool to see if you are qualified.

This guidance will look at obtaining ILR after five years of working. Individuals who qualified by an alternative path, such as a 10-year 'Long Residence,' can find information on the Home Office website.

If you are an EEA national and want to apply for Settled Status, you can find guidance and more information here.

Five-year career path

If you have a Tier 2 (General) visa (with one or more sponsors), you can apply for ILR after five years of continuous leave in the UK.

Eligibility

If you hold a Tier 2 (General) visa, you can apply.

you've lived and worked in the UK for 5 years and spent no more than 180 days outside the country in any 12 months (continuous residence)

Your employer (sponsor) still needs you for your employment – the University will give documentation to prove this – your job earns £35,800 or more (employees sponsored under SOC codes 2311 and 2119 are excluded from this condition)

You are paid the remuneration specified in the Codes of Practice.

When can I submit my application?

Your qualifying period can be calculated from the date your first application for entrance clearance or permission to remain was approved, or from the date you arrived in the UK.

Absences between these dates must be included in the 180 limit if you utilise your leave to enter permission date but reach the UK later.

You have up to 28 days before the qualifying period to apply. If you have been in the UK for more than five years, the Home Office will only consider the most recent five years.

You should apply before your current leave grant expires.

Continuous residence in the United Kingdom

Continuous residence is defined as time spent in the UK without interruptions.

You may leave the UK while in continuous residence, but you may not be absent for more than 180 days in any consecutive 12 months throughout the five-year period.

 You must also not have spent any time in the UK without legal entry or stay permission.

An Immigration Rule amendment on January 11, 2018 changed the way absence from the UK is calculated. Previously, absences were calculated against a fixed consecutive 12-month period, but the current stance means that the 180-day limit applies to any rolling 12-month period during the qualifying period.

More details on this adjustment may be found here.

Absences from the United Kingdom

You will be requested to record all of your absences from the United Kingdom, including the dates, destination, and cause for absence.

It is therefore recommended that you keep a record of this from the time you reach the UK.

We are also required to give a letter documenting your absence from the UK, including personal leave and work-related absence, as your sponsor.

 If you have qualified for ILR with more than one sponsor, you will require a letter from each employer outlining your absence for the period of your employment.

All absences from the United Kingdom count toward the maximum of 180 days. This encompasses both personal and business travel.

Tier 2 specific criterion

A minimum pay and the necessity that your employment continue are additional Tier 2 conditions.

You are excused from fulfilling the minimum earning criteria if you are supported under SOC codes 2311 (HEI Academics) or 2119 (University Researcher).

As your sponsor, we will give you with a letter that includes the following information to support your ILR application:

Dates of employment

Confirmation that you are still needed for the job in question Job title, School and Faculty Contract tenure Standard Occupational Classification (SOC) code

Current rate of compensation and confirmation that it is equal to or higher than the appropriate rate of pay specified in the codes of practise

Life in the United Kingdom

You must have passed the Life in the UK test before applying for ILR.

The Life in the UK test has no expiry date and can be scheduled online at any time before making an application.

 The exam will cost £50, and you will be forced to travel to the nearest test centre to your home.

You will be asked 24 questions regarding British customs and traditions. It is recommended that you prepare for the Life in the UK Test by reading the official manual. Online practise tests are also a good method to prepare.

You must bring identification and proof of address to the test.