Skilled worker visas are granted for up to 5 years. At the end of this period, to remain in the UK, you would either need to apply to extend your visa, or switch into a different visa category, or you may be eligible to apply to settle in the UK permanently. This is because the Skilled Worker visa offers holders a route to UK settlement, officially known as indefinite leave to remain (ILR).
The following guide looks at how to go from Skilled Worker visa to ILR, including the eligibility and application requirements.
What is indefinite leave to remain (ILR) for Skilled Workers?
Indefinite leave to remain (ILR) for Skilled Workers is permission to live in the UK on a permanent basis, free from immigration restrictions. This is in contrast to further leave to remain (FLR) on this route, which will also allow you to stay in the UK as a Skilled Worker, but for a limited period of time and subject to complying with your conditions of stay.
When it comes to leave to remain as a Skilled Worker, following your initial grant of leave, you must usually apply for FLR, before being eligible to apply for ILR. As a Skilled Worker visa-holder, you can apply to extend your visa as many times as you want under the rules, provided you continue to meet the relevant requirements on this route. However, once you become eligible for ILR, this will give you the right to live and work in the UK for as long as you like, without the need to apply for any further extensions of stay.
You will also no longer be liable to pay the annual healthcare surcharge with ILR status, as you will be able to access the UK’s National Health Service as a permanent resident if your application is approved.
Having lived in the UK with ILR for an additional 12-month period, you will also be able to apply for British citizenship, giving you the right to hold a British passport.
What are the requirements to switch from a Skilled Worker visa to ILR?
A Skilled Worker visa will allow an overseas national to work in the UK in an eligible job role with a licensed sponsor for up to 5 years before they need to apply to extend this. It will also provide a path to settlement. This means that anyone who has held permission in the UK under the Skilled Worker route for a qualifying period of 5 years, either following their initial grant of leave or after any extension(s) of stay, can apply for ILR.
However, there are various requirements that must be met under Appendix Skilled Worker of the UK’s Immigration Rules, including a continuous residence requirement, a sponsorship and salary requirement, as well as a knowledge of life in the UK requirement.
Continuous residence requirement
To be eligible to switch from a Skilled Worker visa to ILR, you must have spent a continuous period of 5 years lawfully in the UK, although this 5-year period does not need to be made up solely of time spent on a Skilled Worker visa. Provided you have, or have last been granted, permission as a Skilled Worker when applying for ILR, your qualifying residence period can consist of time with permission on any of or any combination of:
a. the Skilled Worker route
b. the Scale-up route
c. the Global Talent route
d. the Innovator Founder route
e. the T2 Minister of Religion route
f. the International Sportsperson route
g. the Representative of an Overseas Business route
h. as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant.
Due to major disruption to Home Office services during the coronavirus pandemic, Skilled Worker applicants in the UK were permitted to start work for their sponsors while waiting for decisions on their applications. As such, any time while you were waiting on another immigration route in the UK between 24 January 2020 and 30 June 2021, but still able to work as a Skilled Worker, may also count towards your continuous 5-year period.
When it comes to any time spent outside the UK, absences from the UK must be considered in line with Appendix Continuous Residence. This provides that the period of time that an applicant can be absent from the UK without breaking their continuous residence is no more than 180 days in any 12-month period.
However, there are certain scenarios in which any period spent outside the UK will not count towards this limit. This could be where your absence arose because of travel disruption due to natural disaster, military conflict or the pandemic. This could also be where there are compelling and compassionate personal circumstances, such as any life-threatening illness, or the illness or death of a close relative.
Sponsorship requirement
To meet the sponsorship and salary requirement, the sponsor in your most recent permission must still be approved by the Home Office to sponsor Skilled Workers on the date of the decision on your application, not just the date of application itself.
Your sponsor will not be required to assign you a new Certificate of Sponsorship (CoS), but they must confirm that they still require you to work for them for the foreseeable future. They must also confirm that you will paid a salary that meets the minimum threshold for settlement on this route, and that you will continue to be paid this salary, again for the foreseeable future.
Skilled Worker Visa to ILR minimum salary requirement
New salary threshold rules took effect on 4 April 2024, impacting Skilled Worker visa holders applying for Indefinite Leave to Remain (ILR) in the UK.
Skilled Worker visa holders applying for ILR must ensure their salary meets the required criteria based on their circumstances and the relevant applicable rules:
ILR salary requirement for Skilled Workers with CoS assigned after 4 April 2024
For most applicants, their salary must equal or exceed the general minimum Skilled Worker salary requirement, which is set at £38,700 for Certificates of Sponsorship (CoS) issued after 4 April 2024, or the going rate for their occupation—whichever is higher.
If your job is on the Immigration Salary List (formerly the Shortage Occupation List), or it was at the time you applied, you must be paid at least either £30,960 per year or the going rate for your type of work.
Skilled Workers applying for ILR from 4 April 2024 onwards should ensure their salary meets the required criteria based on their circumstances.
ILR salary requirement for healthcare & education roles post-4 April 2024
If you work in healthcare or education, specific salary rules apply to certain roles where pay is determined by national pay scales. In these cases, you must be paid whichever is higher: either £23,200 per year or the standard rate for your role as set by the relevant national pay scale.
To find out the correct salary for your position, you should refer to the national pay scale tables. These include eligible healthcare roles, which are organised by NHS pay band and region and eligible teaching and education leadership roles, which are set out according to job title and geographical area within the UK. These salary requirements apply regardless of whether you are working in the public or private sector. If you are unsure about your job title or which pay band applies, your employer will be able to confirm this.
In some cases, healthcare roles are subject to different salary rules under the Health and Care Worker visa. If your job falls within an occupation code that has separate requirements, you must be paid the highest of the following: £29,000 per year, £23,200 per year if the role is on the Immigration Salary List (or was at the time you applied) or the lower going rate for the specific type of work you will be doing.
ILR salary requirement for Skilled Workers with CoS assigned before 4 April 2024
For Skilled Worker visa holders with a CoS assigned before 4 April 2024, transitional arrangements are in place to facilitate their route to ILR. To benefit from these transitional provisions, Skilled Worker visa holders must remain within the Skilled Worker route, maintain valid permission to stay, and submit their ILR application before 4 April 2030.
Under the transitional rules, Skilled Workers applying for ILR must be paid a minimum salary of £29,000 per year, or the lower going rate for their role under “Option F” of the tradeable points system, whichever is higher.
The threshold is £23,200 per year if the job is on the Immigration Salary List, (or was at the time of the visa application).
In addition to this base threshold, applicants must also satisfy the specific salary rates outlined in Table 2, which contains salary requirements for different occupations as set by the UK government.
This means that workers who initially entered the Skilled Worker route under the lower (pre-4 April 2024) salary thresholds might now find their salary is too low to meet the current ILR requirements. For example, individuals who were previously earning salaries between £20,000 and £26,000 may now need a salary increase to at least £29,000 to qualify for ILR.
Failure to meet the higher salary criteria could mean that affected individuals might not be eligible to apply for ILR and may either need to explore other visa options or extensions to remain in the UK lawfully, or seek a salary uplift from their employer to meet the relevant threshold.
In some cases, lower salary thresholds apply depending on the occupation and immigration rules.
Skilled Workers who have spent part of their qualifying five-year ILR period under the Tier 2 (General) visa in specified occupation codes—including scientists, research professionals, and higher education teaching roles (codes 2111, 2112, 2113, 2114, 2119, 2150, and 2311)—may qualify under a lower threshold of £23,200 per year, or the applicable going rate under transitional rules, whichever is higher.
Healthcare & education roles
For workers employed in the healthcare or education sector, specific ILR salary rules apply based on national pay scales. The salary must meet or exceed one of the following thresholds: a minimum of £23,200 per year or the national pay scale rate applicable to the job role. The appropriate pay scale can be determined using the official tables, which list national pay scales for eligible healthcare roles according to NHS pay bands and geographical areas within the UK.
Similarly, for teaching and education leadership positions, the applicable rates are outlined based on job roles and locations across the UK.
These salary thresholds apply to roles in both the public and private sectors.
For healthcare roles with specific salary requirements under the Health and Care Worker visa, the salary must meet the higher of the following amounts: £29,000 per year, or £23,200 per year if the role is listed on the Immigration Salary List (or was at the time of application), or the lower going rate applicable to the specific job role.
Knowledge of life in the UK requirement
To meet the knowledge of Life (KOL) in the UK requirement, you must satisfy the requirements as set out in Appendix KOL UK. This provides that unless you are aged 65 or over, or have a disability, including a physical or mental condition which prevents you from meeting the requirement, you must pass a ‘Life in the UK’ test before applying for ILR.
There are over 30 UK test centres to choose from, where you must book your ‘Life in the UK’ test at least 3 days in advance. You will be tested on the information contained in the official handbook that can be found online at GOV.UK. This is available as either a book, an eBook, an e-Learning subscription or in audio formats. You should study the handbook in detail to prepare for the test. The test itself will comprise 24 questions about British traditions and customs, where you will have 45 minutes to complete these questions.
If you pass the test, where you must score 75% or more to pass, you will be given a unique reference number. You will need this number to complete your application to switch from a Skilled Worker visa to ILR, where the Home Office will use it to check that you have passed.
Appendix KOL UK under the UK’s Immigration Rules should not be confused with Appendix KOLL. Appendix KOLL sets out how applicants for ILR must show sufficient knowledge of the English language and about life in the UK. When applying for settlement under the Skilled Worker route, as you will have already satisfied the English language requirement in your initial application, you will only need to demonstrate your knowledge of life in the UK.
When can you apply to switch from a Skilled Worker visa to ILR?
An application to switch from a Skilled Worker visa to ILR cannot be made sooner than 28 days before reaching the end of the qualifying 5-year residence period. If an application is submitted any sooner than 28 days prior to completion of this period, it will be refused.
How do you apply to switch from a Skilled Worker visa to ILR?
An application to switch from a Skilled Worker visa to ILR must be made online at GOV.UK. You must be in the UK when you apply, and apply prior to expiry of your existing visa. You may be asked to schedule an appointment to re-enrol your biometric information, although there is provision under the rules to re-use data from previous applications in many cases.
You will need various documents in support of your application for ILR, including a valid passport or other travel document. You will also need evidence from your UK sponsor that they still require you to work for them in your job role for the foreseeable future, and that you are paid, and will be paid a salary, that meets the relevant and applicable minimum threshold for Skilled Workers. Currently, most workers must earn a minimum of £38,700 per annum or the going rate for their occupation, whichever is higher, unless a reduced salary level applies.
Your sponsor should not assign a new CoS for this purpose, where either an email or letter will be sufficient, provided this can be verified with the sponsor if necessary.
When considering whether you meet the sponsorship and salary requirement for settlement on the Skilled Worker route, the Home Office may want to check your PAYE records. Until automated PAYE checks are available, you should provide a payslip covering your most recent month’s pay, and either a bank or building society statement. These documents should be dated no earlier than 31 days before the date of your ILR application.
If you are on reduced or nil pay due to being absent from work, this will not necessarily pose a problem, provided this is for a permissible reason and your sponsor has explained in writing the reason for your pay reduction. This could include, for example, maternity leave, paternity leave, adoption leave or parental leave. In cases where you are absent from work or have returned from such an absence within the month before the date of your application, the Home Office should take into account the salary on your return to work.
How long does it take to switch from a Skilled Worker visa to ILR?
Having completed your application to switch from a Skilled Worker visa to ILR and submitted your documents in support, you should receive a decision on your application within 6 months, although you may be able to pay for a faster decision.
How much does it cost to switch from a Skilled Worker visa to ILR?
The cost to apply to switch from a Skilled Worker visa to ILR is £3,029.
To pay for a faster decision, where eligible, the 5-day priority service costs £500, while the next working day super priority service costs £1000. These fees are in addition to the standard application fee.
The cost to apply for your ‘Life in the UK’ test is currently £50, with an additional fee to obtain a copy of the official study handbook.
What happens if your visa expires during your ILR application?
If you apply to switch from a Skilled Worker visa to ILR, but your current visa expires while your application for settlement is being processed, you should still be able to stay in the UK and continue working in your existing job role. However, this will only usually be possible if you submit a valid ILR application prior to expiry of your existing leave to remain.
It is therefore essential that you make your application in time and that your application is valid. This means paying the correct fee and submitting the right documentation in support, and providing any additional documentation requested within the timeframe provided.
Can dependants on the Skilled Worker route apply for ILR?
If you are in the UK with dependants on the Skilled Worker route, they can also apply for ILR, provided they meet the relevant requirements. This can include your spouse or unmarried partner, and any dependent children under the age of 18.
To be eligible for ILR, dependants must meet the relevant relationship requirement, as well as a continuous residence requirement. For applicants aged over 18, they may also need to meet an English language and knowledge of life in the UK requirement.
Need Assistance?
DavidsonMorris are UK immigration and nationality specialists. We provide expert guidance and support to Skilled Worker visa holders, and their sponsors, through the ILR application process. Contact us to discuss your ILR application and options to remain in the UK.
Skilled Worker Visa to ILR FAQs
Does Skilled Worker visa lead to ILR?
A Skilled Worker visa can lead to indefinite leave to remain (ILR), also known as settlement, if the worker has lived in the UK for 5 years continuously under the visa and meets the other requirements for ILR.
Can I apply for ILR after 3 years of Skilled Worker visa?
The earliest that a Skilled Worker can apply for indefinite leave to remain (ILR) is 28 days before they have been continuously living in the UK for 5 years, where ILR on this route is not possible after 3 years.
Can I apply for ILR after 5 years Skilled Worker visa?
It is possible to apply for indefinite leave to remain (ILR) after living in the UK for 5 years as a Skilled Worker visa-holder, although you must also meet the other eligibility requirements, such as a sponsorship and salary requirement.
Who can apply for ILR after 2 years?
It is no longer possible to apply for indefinite leave to remain (ILR) in the UK after 2 years under any of the current work routes, although Global Talent and Innovator Founder visa-holders can apply for ILR after 3 years.
What is ILR, and how does it relate to the Skilled Worker visa?
ILR (Indefinite Leave to Remain) allows you to live and work in the UK without time restrictions or the need to renew your visa. Skilled Worker visa holders can apply for ILR after meeting certain requirements.
How long do I need to stay in the UK on a Skilled Worker visa to be eligible for ILR?
You must have lived in the UK for at least 5 continuous years on a Skilled Worker visa to qualify for ILR, provided other eligibility criteria are met.
Does time spent on other visas count towards ILR?
Time spent on certain other visa categories, such as the Tier 2 (General) visa, can count towards the 5-year qualifying period, provided you meet continuity requirements.
Can family members of Skilled Worker visa holders apply for ILR?
Dependent family members can apply for ILR if they have lived in the UK with you for 5 years as your dependants and meet the eligibility criteria.
Do I need to pass an English language test to apply for ILR?
Unless you are exempt, you must demonstrate your English language proficiency through an approved test or evidence of a qualification taught in English.
What is the Life in the UK Test?
The Life in the UK Test assesses your knowledge of British culture, history, and values. Passing this test is a requirement for ILR unless exempt due to age or other factors.
What counts as continuous residence for ILR?
Continuous residence means not spending more than 180 days outside the UK in any 12-month period during your qualifying period, with some exceptions for compelling circumstances.
What happens if my ILR application is refused?
If your application is refused, you may have the right to an administrative review or an appeal. You should also seek legal advice to understand your options.
Can I lose ILR after it is granted?
You can lose ILR if you leave the UK for more than 2 years or commit certain criminal offences. In such cases, you may need to apply for a Returning Resident visa to regain your ILR.
Glossary
| Term | Definition |
|---|---|
| ILR (Indefinite Leave to Remain) | Immigration status allowing indefinite stay in the UK without time restrictions or visa renewals. |
| Skilled Worker Visa | A UK work visa for individuals with a job offer in an eligible skilled occupation. |
| Continuous Residence | Staying in the UK without exceeding 180 days of absence in any 12-month period during the qualifying period. |
| Qualifying Period | The period (usually 5 years) required for a Skilled Worker visa holder to become eligible for ILR. |
| Dependent Family Members | Spouse, partner, or children of the primary visa holder who are included on the visa application. |
| Salary Threshold | The minimum income level required for ILR eligibility based on the Skilled Worker visa rules. |
| Going Rate | The standard salary benchmark for specific skilled occupations, used to determine eligibility for visas or ILR. |
| Shortage Occupation | A job category where there is a recognised worker shortage in the UK, offering relaxed visa requirements. |
| English Language Requirement | A mandatory condition for ILR, requiring proof of English proficiency unless exempt. |
| Life in the UK Test | A multiple-choice test assessing knowledge of British culture, history, and values, required for ILR. |
| Administrative Review | A process to challenge the refusal of a visa or ILR application, focusing on errors in the decision-making process. |
| Returning Resident Visa | A visa allowing individuals who lost ILR due to extended absence from the UK to regain their status. |
| Exemption | Circumstances where applicants are not required to meet specific conditions, such as for age or nationality. |
| Immigration Rules | The official regulations governing entry, stay, and settlement in the UK. |
Additional Resources
UK Government: Indefinite Leave to Remain (ILR)
https://www.gov.uk/indefinite-leave-to-remain
Official UK government guidance on ILR eligibility, application process, and requirements.
Skilled Worker Visa Guidance
https://www.gov.uk/skilled-worker-visa
Comprehensive details on the Skilled Worker visa, including eligibility criteria, application process, and conditions.
Life in the UK Test Official Website
https://www.lituktest.gov.uk
The official website for booking and preparing for the Life in the UK Test.
UK Visas and Immigration Contact Page
https://www.gov.uk/contact-ukvi-inside-outside-uk
Contact information for UK Visas and Immigration (UKVI) for queries about visa and ILR applications.
National Careers Service: Shortage Occupations
https://nationalcareers.service.gov.uk/
Provides information about roles on the UK Shortage Occupation List and career insights.
UKVI Approved English Language Tests
https://www.gov.uk/english-language
A list of approved English language tests and providers for Skilled Worker visa and ILR applications.
Citizen’s Advice: Immigration Support
https://www.citizensadvice.org.uk/immigration/
Free guidance and support on immigration issues, including visas and ILR.
Home Office Immigration Rules
https://www.gov.uk/guidance/immigration-rules
The full set of immigration rules governing visas, residence, and settlement in the UK.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
