Indefinite Leave as a Worker and a Dependant of Worker

To be eligible for ILR, you are usually required to have lived and worked in the UK for 5 years. If you hold the Tier 1 (Entrepreneur) visa, you must have lived in the UK for 3 years if you created the equivalent of 10 new full-time jobs that existed for 12 months or generated £5 million business income in 3 years. Otherwise, you may be eligible to apply after 5 years if you created the equivalent of 2 new full-time jobs that existed for 12 months. If you have an Innovator Founder visa, the requirement is 3 years. Global Talent visa holders may apply for ILR after 3-5 years depending on how you were endorsed. An applicant should not have absences exceeding 180 days in any 12 month period. However, if you have a Global Talent visa, time spent outside the UK doing work related to your job may not count towards this 180-day limit (depending on the endorsing body or if an endorsement was not needed).

You must also meet the English language requirement (B1 for Settlement).

You may also need to meet the salary or financial requirements - this depends on your visa. Time spent on the following visa routes can be included to meet the requirement of time spent in the UK:

• a Tier 2 (General) or Skilled Worker visa
• an International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson) visa
• a Scale-up Worker visa
• a Global Talent, Tier 1 Entrepreneur or Investor visa
• an Innovator Founder visa
• a Representative an Overseas Business visa
• a Tier 2 (Minister of Religion) or T2 Minister of Religion visa

Life in the UK Test: You must pass the Life in the UK Test unless exempt. If you are under 18 or 65 or over, you do not need to take the test. Those who have a long-term physical or mental condition may be exempt from taking the test if they provide either an exemption form or a letter from a doctor confirming the applicant’s physical or mental condition. You do not need to take the test if you have passed it before.

1. Skilled Worker Visa:

In additional to the general requirements, if you apply for ILR through Skill Worker route, you need to continue to be needed for your job and meet the salary requirements after you get indefinite leave to remain. You will need a document from your employer to confirm.

2. Representative of an Overseas Business Visa (closed for new visa applications for representatives of overseas businesses, but still open for employees of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK.)

In additional to the general requirements, you must have worked for the overseas business or media organisation you represent, or the UK branch you have established (and provide proof that your employer still needs you to do your job). If you are a sole representative, you must have established and supervised a UK branch of the overseas business that is actively trading.

3. Tier 1 Entrepreneur Visa (closed for new visa applications)

Job creation: You must have created 2 full-time jobs for settled workers lasting at least 12 months. For accelerated settlement, you must show 10 full-time jobs or a £5 million turnover.

Investment: You must have successfully invested at least £200,000 in a UK business.

4. Tier 1 Investor Visa (closed for new visa applications)

Investment requirement:

• £2 million investment: Eligible for ILR after 5 years.
• £5 million investment: Eligible for ILR after 3 years.
• £10 million investment: Eligible for ILR after 2 years. You must have maintained your investment throughout the qualifying period.

5. Innovator Founder Visa

Business activity: You must demonstrate significant progress in your business, such as achieving substantial revenue growth, job creation, or raising funds. Your business must be registered with Companies House, you are either a director or a member, and the business is currently trading (and is able to continue to do so for at least the next 12 months).

Endorsement Requirement: Your endorsing body must still endorse you and confirm your business’s success based on at least 2 the following criteria:

• had £50,000 of investment, which you have spent on developing the business
• doubled the number of customers in the last 3 years and this number is higher than the average for similar businesses
• applied for intellectual property protection in the UK
• made £1 million revenue in the last full year covered by accounts
• made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas
• created the equivalent of 10 full-time jobs that have existed for 12 months
• created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

6. Global Talent Visa

Ongoing endorsement: You must still be engaged in your endorsed field and provide evidence of continued contribution to the sector.

ILR for Dependants of Workers

Dependants of individuals on the above visa routes are also eligible to apply for ILR, provided they meet certain conditions. A dependant can include a spouse or partner and eligible children.

• Continuous residence: Dependants must have lived in the UK for 5 years as a dependant, with absences of no more than 180 days in any 12-month period.
• Relationship requirement: Dependants must demonstrate that they have lived with the main visa holder during the qualifying period and that the relationship is genuine and subsisting. Children age 18 and over can be included in the application if they were under 18 when they got permission to be in the UK as your dependant and still not live an independent life.
• English language proficiency: Dependants must meet the English language requirement, typically through an approved English test, holding a degree taught in English or by holding a passport of a country on the list of English speaking countries.
• Life in the UK Test: Dependants aged 18 or over must pass the Life in the UK Test.