Sponsored Employee ILR: Path to Settlement

Updated 27 March 202611 min read

What you need to know

Sponsored employees can apply for ILR after 5 continuous years on a qualifying work route. This guide covers the requirements from both the employee's and employer's perspective, including salary thresholds, English language, Life in the UK test, and what changes after ILR.

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Eligibility for ILR

To qualify for indefinite leave to remain through the Skilled Worker route, the sponsored employee must meet all of the following:

  • 5 continuous years on a qualifying route (Skilled Worker, Tier 2 General, or certain other work routes)
  • Current employment with a licensed sponsor at or above the required salary
  • English language ability at B1 level (CEFR)
  • A pass in the Life in the UK test
  • Compliance with the absence limits (no more than 180 days absent in any 12-month period)
  • No unspent criminal convictions of a type that would bar settlement

The full requirements are set out on the GOV.UK ILR page for Skilled Workers. See also our detailed ILR through Skilled Worker visa guide.

The Salary Requirement at ILR

At the ILR stage, the employee must be earning at or above the salary threshold — the higher of £38,700 or the going rate for their SOC code. Importantly, the new entrant discount that may have applied to the initial visa does not apply at the ILR stage.

This catches some employees off guard. If you were granted your initial Skilled Worker visa at a new entrant salary, you will need to be earning the full going rate by the time you apply for ILR. Plan salary progression with your employer well in advance.

Employers should be aware that sponsored employees approaching their ILR eligibility may need a salary increase to meet the full threshold. Discuss this early to avoid the employee being unable to apply.

What the Employer Needs to Do

The employer's role at the ILR stage is relatively simple:

  • Provide a current Certificate of Sponsorship. The CoS must confirm the employee's current role, salary, and that they are still employed. This is typically a "defined" CoS.
  • Confirm the salary meets the threshold. Ensure the salary on the CoS is at or above the going rate for the SOC code.
  • Continue meeting compliance duties. Until ILR is granted, the sponsorship relationship continues and all compliance duties apply.

After ILR is granted, update the SMS to reflect that the worker is no longer sponsored. The employee remains your employee but no longer needs sponsorship to work.

Life in the UK Test

The Life in the UK test is a computer-based test covering British history, values, traditions, and everyday life. It costs £50 and can be booked through the GOV.UK Life in the UK test page.

The test consists of 24 questions, and you need to answer at least 18 correctly (75%) to pass. Most people prepare using the official study materials. Book the test well in advance of your ILR application — it cannot be taken on the day of application.

See our Life in the UK test guide for preparation tips.

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English Language at B1

The English language requirement at the ILR stage is B1 (intermediate level). This is a step up from the B1 requirement for the initial Skilled Worker visa, but in practice it is the same level. If you passed a B1 test for your visa, you can use the same certificate for ILR (provided it is still within the accepted timeframe).

Alternatively, you can meet the requirement with a degree taught or researched in English (verified by ENIC/NARIC), or by being a national of a majority English-speaking country.

Absence Limits

You must not have been absent from the UK for more than 180 days in any rolling 12-month period during the qualifying period. There is also a total absence limit of 540 days over the 5-year period. See the settlement timeline guide for details.

The Application

The ILR application is submitted online. You will need:

  • Your current CoS reference number
  • Passport and current BRP or eVisa
  • Life in the UK test pass certificate
  • Evidence of English language at B1
  • The application fee (currently £2,885)
  • Biometrics (through a UKVCAS appointment)

You can apply up to 28 days before completing the 5-year qualifying period. Processing typically takes 6 to 8 weeks for standard applications, with priority and super-priority options available.

After ILR Is Granted

Once you have ILR, you are a permanent resident. Key changes include:

  • No more visa applications or sponsorship requirements
  • Freedom to work for any employer, be self-employed, or not work
  • No Immigration Health Surcharge — you access the NHS as a permanent resident
  • Eligibility for British citizenship after 12 months (subject to meeting citizenship requirements)

Be aware that ILR can be lost if you spend more than 2 continuous years outside the UK. If you plan extended travel after settlement, consider whether British citizenship (which cannot be lost through absence) is the better goal.

Next Steps

Check your qualifying time and absence record. Confirm your salary meets the full threshold (not the new entrant rate). Book your Life in the UK test and prepare your documents. If everything is in order, submit your application up to 28 days before completing 5 years.

Related guides:

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

Preparing a UK visa application?

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