If you are a Tier 2 Worker who can demonstrate 5 years of continuous leave on the Tier 2 Work visa category you may be able to benefit from Tier 2 settlement rights in the UK. In other words, Tier 2 workers may be able to apply for Indefinite Leave to Remain in the UK. For many people acquiring Indefinite Leave to Remain status is a huge privilege and an ultimate goal when considering their future in the UK. The advantage of acquiring Tier 2 Settlement, Indefinite Leave to Remain, is that it allows Applicants to reside, work and study in the UK without any restriction. Further, after holding Indefinite Leave to Remain status for a period of one year, Applicants apply for British Citizenship.
Tier 2 Settlement- 5 year’s continuous leave in order to apply for Indefinite Leave to Remain
You can apply for Tier 2 Settlement, Indefinite Leave to Remain, in the UK if your most recent leave was under the Tier 2 category. The 5 year qualifying period for Tier 2 Settlement can include the leave under the following categories:
- Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant, Tier 2 (Sportsperson) Migrant, Tier 2 (Intra-Company Transfer) Migrant;
- Tier 1 (Exceptional Talent) Migrant, Tier 1 (Entrepreneur) Migrant, Tier 1 (Investor) Migrant, Tier 1 (General) Migrant;
- A representative of an Overseas Business;
- Work Permit Holder; or
- Highly Skilled Migrant.
Tier 2 Settlement- Eligibility Requirements for Indefinite Leave to Remain
In order to submit a successful Tier 2 Settlement, Indefinite Leave to Remain application you must meet the requirements listed under the Immigration Rules and be aware of the Policy Guidance Notes. The key requirements that must be met are:
- You must not fall under the General Grounds of Refusal.
- You must meet the Minimum earnings threshold and you must still be required by your current Tier 2 employer.
- You must meet the Knowledge of Language and life in the UK requirement. This can be passed by passing an English language test and a Life in the UK test.
- 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 Settlement, Indefinite Leave to Remain, application up to 28 days before you reach your 5 years continuous leave. If you submit an application earlier than that it is likely that your application will be refused and you will be considered to have adverse immigration history. Having adverse immigration could become a serious obstacle for future UK visa applications.
Tier 2 Settlement leading to British Citizenship
Once you have been granted Tier 2 Settlement, Indefinite Leave to Remain, in the UK you can consider applying for British Citizenship by way of Naturalisation. Whilst it is true that by holding Indefinite Leave to Remain you are free of immigration restrictions and are free to live, work and study in the UK. You should be conscious of your activity in the UK because to apply for British Citizenship an application must be made under the British Nationality Act 1981 (“BNA 1981”) and the requirements under the BNA 1981 must be met.
The two main obstacles in applying for British Citizenship by way of Naturalisation are meeting the Residence and the Good Character requirement. It is often assumed by Applicants who hold Tier 2 Settlement, Indefinite Leave to Remain, that they can leave the UK for large periods without sufficient reason. You may struggle to meet the Residence requirement if you have excessive absences from the UK. In addition to this, you must meet the Good Character requirement. You must be able to show that you are of good character and there public policy concerns in granting your application.
Using Legal Representation to submit a Tier 2 Settlement, Indefinite Leave to Remain application
Legal representatives, such as our specialist immigration and visa lawyers, 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 Settlement, 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 Settlement, 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 Settlement, Indefinite Leave to Remain application meets the Immigration Rules.
Successful Tier 2 Settlement, 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 Settlement, 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 Settlement, 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. UK Immigration Experts 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 Settlement, 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.