Indefinite Leave to Remain (Settlement)

To be eligible to apply for Indefinite Leave to Remain you must complete a continuous period of five years (or two years if you are in the UK on a spousal visa) in the UK* in an eligible immigration category before you can apply for settlement.  You must meet all the requirements of the Immigration Rules that are in place at the time that you apply for settlement.

*Within this period only time actually spent within the UK will be counted.  You are allowed a limited amount of time to spend outside the UK for holiday or research over the five year period. However,  In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.

If you are likely to spend any extended amount of time outside the UK (i.e., more than a month per annum), please contact your HR Business Partner as soon as possible for guidance.

Tier 1 (highly skilled migrants) requirements

You will need to apply for settlement using the SET(O) form, available from the Border Agency website.

You must have enough English language skills and enough knowledge about life in the UK when you apply.

For further details on required supporting documents and applying for Indefinite Leave to Remain, the Border Agency has issued guidance notes for the SET(O) application.

Dependents

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the UK for a minimum of two years before applying for settlement.

Children (up to the age of 18) of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.

For more information, visit the Border Agency website.

Tier 2 (general) requirements

The University must certify in writing that we continue to require you for employment.  A letter to this effect can be obtained from your HR Administrator.

You will need to apply for settlement using the SET(O) form, available from the Border Agency website.

You must have enough English language skills and enough knowledge about life in the UK when you apply.

For further details on required supporting documents and applying for Indefinite Leave to Remain, the Border Agency has issued guidance notes for the SET(O) application.

Dependents

Your dependents are eligible to apply for settlement at the same time as you, as long as they have lived with you in the UK for a minimum of two years before applying for settlement.

Your children (up to the age of 18) are eligible to apply for settlement at the same time as you, as long as they meet the requirements of the immigration rules.

For more information, visit the Border Agency website.