Tier 2 General Visa ILR: Guidelines and Requirements for Settlement Status

Tier 2 General Visa ILR applicants must have lived in the UK for a qualifying period of 5 years and fulfil specific requirements in order to apply for Settlement/ILR which we listed in this article. Applicants will need to fulfil all the requirements for Points Based System settlement applications including some specific Tier 2 General Visa requirements.

Main requirements for Tier 2 General Visa ILR

• Meeting minimum income threshold under current Tier 2 sponsorship
• Fulfilling conditions of qualifying period of residence in the UK for settlement
• Knowledge of Language and Life in the UK
• English qualification at a minimum level of level B1.
• continuous residence in the UK for five years under Tier 2 General visa route.

The continuous 5 years requirement can be fulfilled under the combination of different visa categories:

•  Representative of an Overseas Business
•  Tier 1 (Exceptional Talent) Visa
•  Tier 1 (Entrepreneur) Visa
•  Tier 1 (Investor) Migrant
•  Tier 1 (General) Migrant
•  Tier 2 (General) Visa
•  Tier 2 (Minister of Religion) Visa
•  Tier 2 (Sportsperson) Visa
•  Tier 2 (Intra-Company Transfer) Visa (with some exceptions)
•  Work Permit Holder
•  Highly Skilled Migrant
•  Innovator Visa

Absences under Tier 2 General Visa ILR

Applicants cannot have had more than 180 days’ absence from the UK during any consecutive 12-month period within 5 years period.

Applicant must have to list all the absences during their qualifying period including the reasons for those absences. Not complying with the absences is also one of the major reasons for ILR applications refusal.

Minimum Earnings Threshold for Tier 2 General Visa ILR

Applicants are required to earn either the appropriate rate for the job or a gross annual salary the minimum earnings threshold, whichever is the higher.

The minimum earnings threshold for Tier 2 General Visa ILR below:

• £35,500, if you apply for settlement on or after 6 April 2018
• £35,800, if you apply for settlement on or after 6 April 2019
• £36,200, if you apply for settlement on or after 6 April 2020
• £36,900, if you apply for settlement on or after 6 April 2021
• £37,900, if you apply for settlement on or after 6 April 2022
• £38,800, if you apply for settlement on or after 6 April 2023
• £40,100, if you apply for settlement on or after 6 April 2024

There are additional restrictions on meeting on the minimum earnings threshold in situations where applicant work hourly, and type of allowances that they can include to meet this figure.

Only earnings up to a maximum of 48 hours a week will be considered in some situations, even if the applicant works for longer than this. For example, an applicant who works 60 hours a week for £12 per hour will be considered to have a salary of £29,952 (12x48x52) and not £37,440 (12x60x52) and will therefore not meet the requirement. However, we advise you to speak with Immigration lawyers to clarify it based on your personal circumstances.

English Language Requirement for Tier 2 General Visa ILR

UK Immigration Rules guidance recommends submitting a proof of one of the following to meet the requirements of English language:

• Speaking and listening qualification in English at B1 level or above of CEFR
• English based degree qualification
• National of an English-speaking country

Life in the UK Requirement for Tier 2 General Visa ILR

Applicants will need to pass the Life in the UK test to fulfil this criterion of application. The test consists set of questions based on the official Life in the United Kingdom handbook and they will need to score 75% or more to pass the test.

List of Documents Required for Tier 2 General Visa ILR

There are important documents that will need to be part of settlement application includes:

• Confirmation letter from your current employer
• Documents to verify absences along with reasons
• Confirmation of Gross annual salary from current employer
• Documents supporting your earnings to meet the minimum threshold
• Payslips
• Personal bank statements

If applicant secure ILR and then decide to leave the UK for a period of 2+ years, they will lose your entitlement for the status.

CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request consultation from our immigration lawyers.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.