The requirements for this route are in a new part of the Immigration Rules: “Appendix Skilled Worker”. An application may be rejected if any of the validity requirements are not met, including if the applicant is outside the UK on the date they apply. Normally, a pending immigration application extends permission to be in the UK automatically under the Immigration Act 1971. An invalid application does not offer this protection and puts applicants at risk of overstaying.
Suitability requirements
There is now more scope for applications to be refused, including where the applicant’s presence in the country is deemed not to be “conducive to the public good” because of their conduct, character or associations, including convictions that would not trigger the criminality rules. A new discretionary ground for refusal is where an applicant has been sleeping rough.
There are changes to the rules on criminality. Settlement applications are now refused where an applicant has been convicted of an offence and received a custodial sentence of 12 months or more, no matter how long ago.
Qualifying period requirement
The applicant must have spent at least five years in the UK. The five years can be made up of time on a Skilled Worker / Tier 2 (General) visa, or of time spent on certain other immigration routes:
- Global Talent
- Innovator
- A representative of an Overseas Business
- T2 Minister of Religion
- T2 Sportsperson
Continuous residence requirement
The person’s absence from the UK must not exceed 180 days in a 12-month period except for “compelling and compassionate personal circumstances”
Knowledge of Life in the UK requirement
Applicants for settlement as Skilled Workers must pass the Life in the UK test.
Sponsorship and salary requirement
The Skilled Worker’s sponsor continues to be involved in settlement applications.
Scarsdale Immigration Solicitors
For advice from Immigration solicitors Manchester, immigration solicitors Rochdale and immigration solicitors Oldham call Scarsdale Oldham Solicitors, Scarsdale Manchester Solicitors and Scarsdale Rochdale Solicitors on 0161 660 6050.
