Human Resources

Source: https://www.bath.ac.uk/guides/settlement-indefinite-leave-to-remain/ Parent: https://www.bath.ac.uk/topics/staff-immigration/

Settlement / Indefinite Leave to Remain

Overview of the eligibility requirements, application process and how the Staff Immigration Team can help.

Overview

Permanent settlement in the UK is often referred to as Indefinite Leave to Remain (ILR). You can check if you are eligible for settlement using the Government's online tool.

The main routes to settlement are outlined below:

• EU Settlement Scheme - for EU, EEA or Swiss citizens and their family members
• Three-year route - for those holding a Global Talent Visa / Tier 1 (Exceptional Talent) Visa
• Five-year route - for those holding a Skilled Worker Visa / Tier 2 Visa
• Ten-year route - for those holding 'long residence'

EU Settlement Scheme

If you are an EU, EEA or Swiss (excluding Irish) citizen you may still be able to apply to the EU Settlement Scheme (EUSS) along with your family. If your application is successful, you’ll get either settled or pre-settled status.

You must have arrived in the UK by 31 December 2020 to be eligible - if you arrived after this date, you will not be eligible and will need to have applied for immigration permission under the relevant category at that time.

The deadline for most people to apply to the EUSS was 30 June 2021. You may still be able to apply if you or a family member were living in the UK by 31 December 2020 but you must also either:

• meet one of the criteria for a later deadline to apply
• have ‘reasonable grounds’ for not applying by 30 June 2021

For further information on the EU Settlement Scheme please read this guidance.

Three-year route

You can apply if you have been endorsed in your field either:

• as a recognised leader (‘exceptional talent’) under the Global Talent Visa / Tier 1 (Exceptional Talent) Visa and have been living and working in the UK on this visa for at least 3 years.
• as an emerging leader (‘exceptional talent’) under the Global Talent Visa / Tier 1 (Exceptional Promise) Visa and have been living and working in the UK on this visa for at least 3 years. Only those who have been endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI will be applicable for Settlement / ILR after 3 years, as opposed to the standard 5 years.

You can also apply using a combination of the Global Talent Visa, Tier 1 (Exceptional Talent/Promise) Visa, Skilled Worker Visa or Tier 2 (General) Visa in order to reach Settlement / ILR after 3 years. It is at the point you make an application for settlement that you need to hold either a Global Talent Visa or Tier 1 (Exceptional Talent/Promise) Visa.

You must also meet the following eligibility criteria here, which includes passing the 'Life in the UK Test' and meeting the English language requirements.

How to apply

You will need the following documents typically in order to make an application for Settlement / ILR:

• Your current, valid passport; and
• Any previous passports you hold (if you no longer hold any previous passports, please ignore); and
• Your current Biometric Residence Permit (BRP); and
• Evidence of currently working at an ‘exceptional talent level’ - this does not need to cover the full 3-year period and it is recommended that you support this requirement with the following:
• A letter from the Staff Immigration Team which confirms your current employment, dates of your employment, your job title and salary (please email your request here); and
• Your last 3 months of payslips - these can be viewed and downloaded via Employee Self Service.

For English language requirements – UK degree certificate, or overseas degree certificate and UK ENIC (formerly known as UK NARIC) certificate, or English language test certificate, as applicable.

You will need to apply online and you will be told whether your application is successful within 6 months. You can pay extra to use the 'Super Priority Service' to get a faster decision on your application.

Settlement / ILR Costs

You will need to pay:

• £2,404 for each person applying
• an extra £800 if you use the Super Priority Service (decision by the end of the next working day)

Dependants

Your partner and children under 18 can apply on the same form as you if they are eligible.

Five-year route

You can apply if:

• you have a Skilled Worker Visa / Tier 2 (General) Visa
• you have been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
• your employer (sponsor) still needs you for your job
• your job meets the salary requirements - you will usually need to be paid at least £25,600 per year unless the ‘going rate’ for your job is higher than this. You can be paid less than this subject to eligibility criteria.

You must also meet the following eligibility criteria here, which includes passing the 'Life in the UK Test'.

The 5 years can include time in the UK on another visa if it was one of the following:

• Tier 2 (General) or Skilled Worker Visa
• Tier 2 Minister of Religion Visa
• Tier 2 Sportsperson Visa
• Tier 1 Visa, but not Tier 1 (Graduate Entrepreneur) Visa
• Representative of an Overseas Business Visa
• Global Talent Visa
• Innovator Visa

How to apply

You will need the following documents typically in order to make an application for Settlement / ILR:

• Your current, valid passport; and
• Any previous passports you hold (if you no longer hold any previous passports, please ignore); and
• Your current Biometric Residence Permit (BRP); and
• Your most recent payslip at the time you make the application - this can be viewed and downloaded via Employee Self Service; and
• Your most recent bank statement at the time you make the application (which shows your salary payment); and
• A sponsor letter from the Staff Immigration Team which confirms your current employment, dates of your employment, your job title and salary (please email your request here); and
• A list of your work-related absences during your period of employment at the University, as confirmed by your line manager; and
• A list of your work-related absences from any previous employers who sponsored you during your 5 years on a Skilled Worker Visa / Tier 2 Visa, if applicable.

You will need to apply online and you will be told whether your application is successful within 6 months. You can pay extra to use the 'Super Priority Service' or 'Priority Service' to get a faster decision on your application.

Settlement / ILR Costs

You will need to pay:

• £2,404 for each person applying
• an extra £800 if you use the Super Priority Service (decision by the end of the next working day)
• an extra £500 for the Priority Service (decision within 5 working days)

Dependants

Your partner and children under 18 can apply on the same form as you if they are eligible.

Ten-year route

You may be eligible to apply for settlement if you have been in the UK legally for 10 years (Long Residence).

You can apply if:

• you have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:

• been in the UK legally for 10 years (known as your ‘continuous residence’) - you can leave the UK during the continuous residence for up to 180 days at a time or 540 days in total
• kept to the terms of your UK visa

You must also meet the following eligibility criteria here, which includes passing the 'Life in the UK Test' and meeting the English language requirements.

How to apply

You will need the following documents typically in order to make an application for Settlement / ILR:

• Your current, valid passport; and
• Your current Biometric Residence Permit (BRP); and
• All the passports you have held since your time in the UK*

*If you do not hold current/expired passports going back at least 10 years, you will need to prove residence in the UK for the 10-year period. This can be a combination of any of the following documents:

• Letter from your employer - please email the Staff Immigration Team if you need a letter confirming your employment at the University
• Payslips/P60/P45 - these can be viewed and downloaded via Employee Self Service
• Bank statements
• Tenancy agreements/mortgage statements
• Letters from an official source (e.g. Government/Council letter, NHS, HMRC etc)

You will need to apply online and you will be told whether your application is successful within 6 months. You can pay extra to use the 'Super Priority Service' to get a faster decision on your application.

Settlement / ILR Costs

You will need to pay:

• £2,404 for each person applying
• an extra £800 if you use the Super Priority Service (decision by the end of the next working day)

Dependants

Your partner and children under 18 can apply separately if they're eligible. You cannot include your family members in your application.