Settling in the UK
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
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 have spent no more than 180 days outside the UK in any 12 months (continuous residence )*
- Imperial still needs you for your job for the foreseeable future
- you are 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 in 12 months were 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 submitting your settlement application, you will need to list details of your absences from the UK, including the reasons for them. You will need to provide this information for the full 5-year continuous residence period. Provided you have kept your absence history up to date in the Imperial absence and leave recording system, Teamseer, this information will be easily accessible to you in the system.
- The Staff Compliance Team can provide a letter of support for your application, including confirmation that your role is needed for the foreseeable future (where applicable) and your Imperial leave and absence information.
- Please request the support letter approximately 2 weeks before you need it to allow time for processing. If your contract is due to expire in the coming months, the Staff Compliance Team may require additional information from your employing department.
- Applications for settlement will usually take up to 6 months under standard processing timescales. Subject to availability on the date of application, there may be options to expedite the decision: Super Priority offers 1-2 working days for an additional fee of £1000. Priority service offers a 5-working-day service standard for an additional fee of £500.
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 a 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 months (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 that issued your Letter of endorsement for visa purposes.
- you have been paid for work in the field for which you came to the UK.
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 submitting your settlement application, you will need to list details of your absences from the UK, including the reasons for them. You will need to provide this information for the applicable continuous residence period. Provided you have kept your absence history up to date in the university absence and leave recording system, Teamseer, this information will be easily accessible to you in the system.
- Applications for settlement will usually take up to 6 months under standard processing timescales.
- Subject to availability on the date of application, there may be options to expedite the decision: Super Priority offers 1-2 working days for an additional fee of £1000. Priority service provides a 5-day service standard for an additional fee of £500.
- For requests for letters required for GTV extension or GTV to indefinite leave to remain, confirming that you have ‘earned money in your expert field’ that can be attached with payslip(s)– please contact the Staff Hub team. Please aim to give the team as much notice as possible and indicate by when you need the letter in your request.
Tier 1 (Entrepreneur) / Innovator
You may be able to apply if:
- you currently have a Tier 1 (Entrepreneur) visa or an Innovator visa.
- you’ve been living in the UK for 5 years, or 3 years if you’ve created enough jobs or income.
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 months (‘continuous residence’)
Please note that Dependents of Tier 1 Exceptional Talent or Global Talent Visa holders must still attain 5 years of continuous residence, even if the main visa holder qualifies for settlement after 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.