Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for ILR on the basis of having completed the required time period and compliance with the relevant immigration rules.
The Tier 2 migrants may make their application for ILR upon completion of the required time period and compliance of all requirements.
From 6 April 2018 most Tier 2 visa immigrants from outside the European Economic Area (EEA) must be earning £35,500 or more to qualify for UK indefinite leave to remain (also known as a permanent residence), says the Home Office.
Minimum salary for ILR for Tier 2 General migrants
At present, the minimum salary requirement for indefinite leave to remain for Tier 2 General migrants is £35,500 a year.
From 6 April 2019, the minimum requirement shall become £35,800.
From 6 April 2020 – £36,200;
From 6 April 2021 – £36,900.
The above requirements do not apply where the migrant was sponsored for a PhD level or a shortage occupation job.
Which Visas can be included to complete 5 years in order to qualify for ILR?
Applicants having current leave under Tier 2 (G) may also make use of his former residence under the following categories in complete 5 years for his ILR application purposes:
- Time spent as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant
- Time spent as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant.
- Time spent as a Representative of an Overseas Business
- Time spent as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
- a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
- a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
The applicant will need to provide evidence of the continuity of his employment with the same terms and conditions in addition to the fact that he has successfully completed 5 years in the UK.
The applicant will need to reside in the UK for at least 5 years which start from the date when he / she first entered the UK or first granted leave to remain. They can however make their applications 28 days before completing their 5 years in the UK. If the applicants have delayed their first arrival in the UK for a maximum of 3 months, they may be able to commence their five year time period from the date of entry clearance instead of date of arrival.
English Language Knowledge for ILR
You can prove English language requirements by having either:
- an English qualification at B1, B2, C1 or C2 level
- a degree taught or researched in English
- national of an English-speaking country
The requirement of English Language knowledge is exempt in cases when applicants are aged 65 or over or is unable to due to disabilities or is a citizen of countries that are exempt from.
Life in the UK Test for ILR
Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.
The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.
The home office has become quite generous in allowing absences for maximum 6 months in a year, provided the applicant is able to provide evidence that such absences (if that long) were work related.
Administrative Review / Judicial Review
Refusal of Indefinite Leave to remain Application
If the Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.
How our Immigration Solicitors can help you in applying for ILR Tier 2 General
Our team of UK Immigration Lawyers can expeditiously deal with ILR Tier 2 General Visa Applications.
Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your ILR application on the basis of Tier 2 General under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
Our Immigration Lawyers shall discuss your Application for ILR application on the basis of Tier 2 General Visa and advise you on the required documents and procedure.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Bail application matters including lodging Judicial review or obtaining injunction orders from the High Court.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
You can contact us at 0203 514 2536 or email@example.com and one of our team members will be in touch with you shortly. Or in emergency we can be contacted at 07817897184