Tier 2 (General)
This page explains whether and how you can apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') if you are here under Tier 2 (General) of the points-based system.
On this page
Details of these requirements are set out in Part 6A of the Immigration Rules (paragraph 245HF), which you can find on the right of this page.
You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.
You should make your application for settlement using application form SET(O). You can find the form and guidance notes on the right side of this page. You must read the guidance notes before you apply.
Current requirements for settlement
At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category.
During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.
Time spent in the Channel Islands and the Isle of Man may be included in the continuous period, as long as you were granted permission to stay in the Tier 2 (General) category or in any of the following categories:
. member of the operational ground staff of an overseas-owned airline
. minister of religion, missionary or member of a religious order
. qualifying work permit holder
. sole representative of an overseas business
. representative of an overseas newspaper, news agency or broadcasting organisation
. any Tier 1 category, except Tier 1 (Post study work)
. highly skilled migrant
If you were given permission to stay in the Channel Islands or Isle of Man for employment as a work permit holder or as a Tier 2 Migrant, it must have been for employment that you would have been given permission to stay in the UK for.
Your most recent permission to stay must have been given in the UK in the Tier 2 (General) category.
This 5-year continuous period can include any time that you have spent in the following immigration categories before you applied under Tier 2:
- member of the operational ground staff of an overseas-owned airline
- minister of religion, missionary or member of a religious order
- qualifying work permit holder
- sole representative of an overseas business
- representative of an overseas newspaper, news agency or broadcasting organisation
- any Tier 1 category, except Tier 1 (Post study work)
- highly skilled migrant
Also, the sponsor that gave you the certificate of sponsorship for your current job must:
- certify in writing that they still need you in the job; and
- confirm that you are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. If you are not being paid the appropriate salary rate due to maternity, paternity or adoption leave, your sponsor must confirm the date your leave started and that you were paid at the appropriate salary rate immediately before the start of that leave.
To prove that you are paid at or above the appropriate rate for the job, you must provide specified documents to evidence your sponsor's certification. These must include:
- your most recent payslip dated no earlier than 1 calendar month before the date of your application; and
- your most recent personal bank or building society statement dated no earlier than 1 calendar month before the date of your application, or a building society pass book showing transactions by the sponsor in the period no earlier than 1 calendar month before the date of your application
If you are not being paid the appropriate rate due to maternity, paternity or adoption leave, the documents you must provide must include:
. your pay slip from the month immediately before the leave and your payslips for each month of the leave; and
. your bank statement from the month immediately before the leave and your statement for each month of your leave.
The SET(O) application form contains more information about these documents.
You must have sufficient English language ability and knowledge of life in the UK, unless you are under 18 years old or over 65 years old when you apply. You can find more information in the Settlement section.
Requirements from 6 April 2016
If you are applying for indefinite leave to remain, you must meet all of the requirements under Immigration Rule 245HF which can be found on the right of this page. You must also show that you are being paid:
- £35,000 per year (before tax); or
- the correct rate of pay for your job as stated in the codes of practice for Tier 2 sponsors.
Whichever is the higher amount will apply.
Can your dependants apply for settlement?
If your dependants want to apply for settlement, they and you must meet all the requirements of the Immigration Rules at the time when they apply for settlement. If they are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.
At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement. Your children can apply for settlement when you and your partner have either:
- applied for settlement; or
- been granted settlement.
Application for permanent residence in the UK in an employment or other category listed on the form
- Form SET(O) PDF 641KB opens in a new window
- Guide SET(O) PDF 240KB opens in a new window
- Photo guidance (new)PDF 374KB opens in a new window