Once you have lived legally in the UK for a specific amount of time, you may be eligible to apply for permission to settle here, granting of this permission is known as Indefinite Leave to Remain.

You will need to meet all of the requirements of the Immigration Rules in place at the time of your application for settlement, and you will normally also need to pass a Life in the UK test and an English language test, unless you are exempt from doing so.

Apply for indefinite leave to remain in the UK in various immigration categories.

Eligibility criteria

Tier 2 / Skilled Worker

You can apply if:
  • you have a Tier 2 (General) or Skilled Worker 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 month period (continuous residence )*
  • the College still needs you for your job for the foreseeable future
  • you get paid the relevant salary listed in Appendix Skilled Workers(SW 24.3)
Points to note:
  • *Tier 2 / Skilled Worker visa holders sponsored to fill a ‘PhD-level’ role under specified SOC codes are exempt from the 180 day rule for UK absences, where the absence(s) taking them over 180 days absence in a 12 month period was due to the individual undertaking research for the job they are sponsored. This will apply to any period(s) the individual was sponsored under a designated PhD-level SOC code (Occupations listed under Appendix Continuous Residence (CR 2.3 d)
  • Appendix Continuous Residence also details any other exceptions to the usual 180 day absence rule, including ‘travel disruption due to pandemic’.
  • When making your settlement application you will need to list details of your absences from the UK, including the reasons for those absences. You will need to provide this information for the full 5-year continuous residence period.  Providing you have kept your absence history up-to-date in the College absence and leave recording system Teamseer, this information will be easily accessible to you from the system.
  • The Staff Compliance Team will be able to provide a letter of support for your application, including confirmation that your job is needed for the foreseeable future, and your College leave and absence information. Please request the support letter approximately 2 weeks before you will need this for your application, to allow for processing.
  • Applications for settlement will usually take up to 6 months under standard processing timescales. Subject to availability at date of application, there may be options to expedite the decision: Super Priority offers next working day service for an additional fee of £800. Priority service offers a 5-day service standard for an additional fee of £500.

Global Talent Visa / Tier 1 Tale

You can apply if:
  • you currently have a Tier 1 (Exceptional Talent) visa or Global Talent Visa
  • ·       you have been living and working in the UK for minimum of 3 years (The 3 year period may be under Tier 1 Exceptional Talent and/or Global Talent Visa, and can also include any period of Tier 2 General leave from immediately before switching to Tier 1 Talent or Global Talent visa category)
    • Please note that if your endorsement was under Arts Council or TechNation rather than one of the Academic, Science & Research endorsing bodies, your qualifying period will be 5 years rather than 3 years.
  • you have spent no more than 180 days outside the UK in any 12 month period (known as continuous residence ) not including any days where you were undertaking research overseas, as part of your job.
  • You are still endorsed by the organisation which gave you the Letter of endorsement  to get a visa
  • you have been paid for work in the field you came to the UK to work in
Points to note:
  • Appendix Continuous Residence also details any other exceptions to the usual 180 day absence rule, including ‘travel disruption due to pandemic’.
  • When making your settlement application you will need to list details of your absences from the UK, including the reasons for those absences. You will need to provide this information for the applicable continuous residence period.  Providing you have kept your absence history up-to-date in the College absence and leave recording system Teamseer,, this information will be easily accessible to you from the system.
  • Applications for settlement will usually take up to 6 months under standard processing timescales. Subject to availability at date of application, there may be options to expedite the decision: Super Priority offers next working day service for an additional fee of £800. Priority service offers a 5-day service standard for an additional fee of £500.
  • For requests for letters required for GTV extension or GTV to settlement/indefinite leave to remain, confirming that you have ‘earned money in your expert field’ that can be attached with payslip(s)– please contact the HR Staff Hub team. Please aim to give the team as much notice as possible, and indicate when you need the letter by on your request.

Tier 1 (Entrepreneur)Innovator

Tier 1 (Entrepreneur) / Innovator

You may be able to apply if:

Dependents

You may be eligible for settlement (‘indefinite leave to remain’) as the partner or child of a person who’s already settled using:

  • any Tier 1 visa except for Tier 1 (Graduate Entrepreneur) or Tier 1 (Post-Study Work)
  • a Global Talent Visa
  • a Tier 2 / Skilled Worker visa
  • a Tier 5 (International Agreement) visa

You’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 month period (‘continuous residence)

Please note that Dependents of Tier 1 Exceptional Talent or Global Talent Visa holders will still need to attain 5 years of continuous residence, even when the main work visa-holder qualifies for settlement at 3 years of continuous residence.

Please note that a partner/dependent of a Tier 1 Exceptional Talent, Global Talent Visa, Skilled Worker visa, or Tier 2 visa holder whose UK absences are exempt from the 180 days outside the UK rule (due to being sponsored in a PhD-level role, and the UK absences being to undertake Research overseas for their job) will also benefit from this exemption when applying for settlement, if they accompanied the employee.

Further information is available on the gov.uk website.

If your partner or parent settled in another way, for example because they’d been in the UK for 10 years (‘Long Residence’), you would not be able to settle because of their work visa. You’ll need to apply to stay in the UK as a family member of a person settled in the UK .