Under the Tier 2 work visa route migrant workers from outside the European Economic Area (EEA) can come to the UK to fill specialist job roles. After spending 5 continuous years on a Tier 2 work visa, you can apply for Tier 2 Indefinite Leave to Remain. In some circumstances, you may use leave in other categories towards your Tier 2 settlement application. The main requirement for this application is the Tier 2 salary requirement and the on-going need to be employed in the sponsored job. You will also need to show that you have sufficient knowledge about life in the UK.
What is Tier 2 Indefinite Leave to Remain?
Tier 2 workers who have spent 5 years on a Tier 2 work visa may apply for Indefinite Leave to Remain (also referred to as Tier 2 settlement). If you hold Tier 2 indefinite leave to remain this means there is no time limit on how long you can remain in the UK as you comply with the conditions. You will not be required to apply for an extension. You will also benefit from access to public funds, services such as the NHS, housing and other social benefits on the same basis as a British citizen. You can be employed by anyone, self-employed, unemployed or run a business in the UK. You can apply for British citizenship 12 months after acquiring indefinite leave to remain.
What are the requirements for Tier 2 Indefinite Leave to Remain?
The standard route to Tier 2 Indefinite Leave to Remain is spending 5 years on a Tier 2 work visa. However, in some circumstances, you can combine various Tier 2 visas, Tier 1 (Exceptional Talent) visas, Tier 1 (Entrepreneur) visas, Tier 1 (Investor) visas and A Representative of an Overseas Business visa. The Tier 2 Indefinite Leave to Remain application is submitted under Paragraph 245 of the Immigration Rules. It is important to consider the Tier 2 Home Office Policy Guidance before submitting the application. The Policy Guidance is a helpful document, which helps you understand how to meet the requirements for your application. You must meet the following requirements:
- You must be of good character and not fall under the General Grounds of Refusal;
- You must meet the Tier 2 requirement salary requirement (see below);
- You must provide a letter from your employer confirming you are still required for your job;
- You must meet the English language requirement;
- You must meet the knowledge about Life in the UK test; and
- You must not have had more than 180 day’s absences from the UK during any consecutive 12 month period. You will be required to provide a travel history summary with your application listing all absences outside the UK. It is possible to mitigate excess absences where there are serious or compelling reasons for the absences i.e. absences related to bereavements and work-related absences.
You can submit a Tier 2 Indefinite Leave to Remain application up to 28 days before you reach your 5 years continuous leave.
What is the financial requirement in Tier 2 Indefinite Leave to Remain applications?
One of the main requirements in a Tier 2 Indefinite Leave to Remain application is the financial requirement. If you are applying before 6 April 2020 you will be required to show that you are paid at least £35,800 per annum. Any applications submitted after 6 April 2020 must show that they earn at least £36,200 per annum. However, it is slightly more complicated because the Home Office expects you to earn the required amount in a 39-hour week. In our experience, most employers pay the required amount but are unaware of the 39-hour week rule; therefore, they end up having major issues when it is time to apply for Indefinite Leave to Remain. Our immigration team specialise in all point-based system applications and have helped Applicants who have issues with meeting the Tier 2 Salary requirement submit successful applications. Workers who are employed in a role listed in the Shortage Occupation list or skilled to PhD level are exempt from the Tier 2 Indefinite Leave to Remain Salary requirement. In addition to the salary requirement, your employer will also need to submit a letter confirming that they still require your expertise. The letter should follow a list of strict requirements.
Using Legal Representation to submit a Tier 2 Indefinite Leave to Remain application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Indefinite Leave to Remain application meets the Immigration Rules.
Successful Tier 2 Indefinite Leave to Remain Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Tier 2 Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.