ILR Requirements to Settle in the UK

The UK immigration rules (‘the Rules ‘) provide for a variety of routes which lead to settlement in the UK, also known as permanent residence or indefinite leave to remain (“ILR”).

The benefits of acquiring ILR status are significant; their permission to reside in the UK becomes permanent in the sense that they are no longer subject to time-limited leave and therefore are no longer required to apply for any further extensions of leave. In addition, their leave in the UK is no longer subject to any conditions.

This means that their status in the UK is no longer conditional on the migrant’s ongoing employment, investment, business, studies, family relationship, etc. Upon obtaining ILR, the holder is permitted to take employment, engage in business or study without restriction. ILR is also a pre-requisite for applying for British citizenship; once they have held ILR status for 12 months (or, in the case of spouses of British citizens, immediately upon acquiring ILR), an individual can consider applying for naturalisation, should they so choose. Therefore, ILR status offers not only unrestricted residence in the UK, but also a pathway to British citizenship.

Most immigration categories require an applicant to reside in the UK lawfully for a continuous 5-year period (with no more than 180 days absence in any 12-month period) in the same qualifying immigration category prior to making an application for ILR.

Some routes (for e.g. Investor, Entrepreneur, Innovator) also provide options for earlier settlement in the UK, if certain conditions are met.

Skilled Worker migrants are allowed to combine their lawful continuous 5-year residence in the UK spent in the following immigration categories:

• Tier 1 Migrant (Investor, Entrepreneur (but not Graduate Entrepreneur));
• Global talent visa;
• Innovator;
• Representative of an Overseas Business;
• T2 Minister of Religion;
• International Sportsperson.

To qualify for ILR based on a continuous 5-year period spent in a combination of the above listed categories, the most recent permission to stay in the UK must have been in either the Skilled Worker or Tier 2 (General) route.

Such provisions of the Rules might be an attractive option to those in the UK in other categories who, for whatever reason, may need to pivot from their current route into the Skilled Worker category.

This could potentially include an Entrepreneur, Innovator or Sole Representative whose businesses were been severely affected by the COVID-19 pandemic, or if they have received an attractive employment offer from a licensed UK company.

If the Home Office approves a switch to the Skilled Worker visa, such migrants would not need to restart their residence in the UK clock and would be eligible to apply for ILR after spending a total of continuous 5 years in the above listed immigration categories.

Of course, in addition to the continuous residence, such migrants will also be required to satisfy all other requirements of the Rules to secure approval of their Skilled Worker ILR application (i.e. salary, knowledge of Life in the UK and other).

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