How can I obtain settlement under a Tier 2 General visa?
This article is aimed for employees in the UK that hold a Tier 2 (General) visa and whose employers hold a valid Tier 2 Sponsorship Licence. If you are an employee on this visa and are considering applying for indefinite leave to remain (ILR) through this visa, we have provided a brief overview of the eligibility and process of doing so.
Eligibility – you must:
- Currently, hold a valid Tier 2 (General) visa
- Have been living and working in the UK in the job role you obtained your visa for a minimum of 5 years
- Not have spent more than 180 days outside the UK in any 12 months
- Confirm that your employer (sponsor) still requires your presence for the job
- Be paid £35,000 minimum (with exceptions)
- Be paid the relevant salary listed in the Codes of Practice
If you are between the ages of 18 to 64 when you apply, you must pass the Life in the UK test and meet the English language requirement. You will be exempt from the minimum earnings requirement if your job:
- Is a PhD level job listed in the Codes of Practice
- Has a shortage of workers
- Was in the shortage of workers list in the last 6 years
Adding your partner and/or child(ren) on the application:
Your partner must:
- Have permission to be in the UK as your partner
- Have been living with you for at least 5 years
- Be in a genuine relationship with you
- Intend to continue living together
- Confirm that you and your partner have enough income to support yourselves and dependants
- Not use public funds
- Pass the Life in the UK test and English language requirement
Your child(ren) must:
- Have previously been given permission to stay in the UK as your child
- Not be married or in a civil partnership
- Live with you and be financially supported by you without public funds
You and the other parent of the child must either be applying to settle in the UK or already be settled in the UK for the child to be allowed to settle. However, if you are the child’s sole surviving parent, or if you have sole responsibility for the child or if there are serious or compelling circumstances, your child can apply to settle.
If your child is 16 or older during the time the application is made, you will need to provide evidence of where they live. Provide any two from the following:
- Bank statement
- Credit card bill
- Driving licence
- NHS registration document
- Letter from their current place of study on headed paper and issued by an authorised official of that organisation
Documents provided must not be more than one month old at the time of making the application. If your child is 18 or over by the time the application is being made, they must also pass the Life in the UK test and prove their knowledge of the English language. The fee to apply for settlement is £2,389 for you (the main applicant) and an additional £2,389 per person for any dependants applying with you.
How can NA Law solicitors help?
As specialists in individual and business immigration, we understand the complexities involved in applying for settlement and the often stressful process of ensuring your application is up to the highest standard. From the very first consultation to the submission of the application, NA Law will provide you with the highest quality advice and guidance on your eligibility, documents required and on any intricacies you may have with your application.
If you are on a Tier 2 (General) visa and interested in settling in the UK, contact us for a free case assessment.