Here we explain how you can apply for permission to settle permanently in the UK (‘indefinite leave to remain‘, ‘settlement’) if you have leave to remain in the UK under Tier 2 (General) of the points-based system.
The relevant legal rules for settlement are set out in paragraph 245HF of the Immigration Rules. You must meet all the requirements of the Immigration Rules at the time of your application for settlement.
Current rules for settlement
At present, you can apply for settlement if you have been in the UK for a continuous period of 5 years in one of the following eligible immigration categories:
♠ member of the operational ground staff of an overseas-owned airline
♠ minister of religion, missionary or member of a religious order
♠ qualifying work permit holder
♠ sole representative of an overseas business
♠ representative of an overseas newspaper, news agency or broadcasting organisation
♠ any Tier 1 category, other than Tier 1 (Post study work)
♠ highly skilled migrant
♠ innovator
Also, the sponsor that gave you the certificate of sponsorship (CoS) for your current job must:
♠ certify in writing that they still need you in the job; and
♠ confirm that you are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.
To evidence that you are paid at or above the appropriate rate for the job, you must provide specified documents to back up your sponsor’s certification. These must include:
♠ your most recent payslip dated no earlier than 1 calendar month before the date of your application; and
♠ your most recent personal bank or building society statement dated no earlier than 1 calendar month before the date of your application, or a building society pass book showing transactions by the sponsor in the period no earlier than 1 calendar month before the date of your application
You must have sufficient English language proficiency and knowledge of life in the UK, unless you are under 18 years old or over 65 years old when you apply.
Rules from 6 April 2016
If you are applying for indefinite leave to remain on or after 6 April 2016, you must meet all of the requirements of paragraph 245HF of the Immigration Rule. You must also show that you are being paid the higher of:
♠ £35,000 per year (before tax); or
♠ the correct rate of pay for your job as stated in the codes of practice for Tier 2 sponsors.
Dependants
If your dependants want to apply for settlement, they and you must meet all the requirements of the Immigration Rules at the time of application.
Your partner must have lived with you in the UK for a minimum of 2 years before they can apply for settlement. Your children can apply for settlement at the same time as you do.