ILR via Skilled Worker — 5-year settlement application

For [CLIENT_NAME], applying for ILR (Indefinite Leave to Remain) via the Skilled Worker 5-year continuous residence route, drafted under Appendix Skilled Worker (settlement provisions SW 12+) and Appendix Continuous Residence (CR 1-6).

§1 — ELIGIBILITY OVERVIEW (100-120 words)

ILR via Skilled Worker requires:
  ▪ 5 years continuous residence in UK on Skilled Worker / Tier 2 General visa(s)
  ▪ Continuous residence per Appendix CR (max 180 days absence per 12-month period — see §3)
  ▪ Currently sponsored by an A-rated sponsor with valid CoS
  ▪ Salary at the higher of GBP 38,700 OR going rate for SOC code at the time of ILR application
  ▪ KOL: Life in UK test passed + English at B1 CEFR
  ▪ No more than 30 days "broken" status in qualifying period
  ▪ Suitability: no adverse criminal / immigration history (Appendix FM-SE 8 grounds)

For [CLIENT_NAME] starting Skilled Worker on [FIRST_SW_START_DATE]: 5-year qualifying period ends on [FIRST_SW_START_DATE + 5 years].

§2 — TIME COMPUTATION + STATUS CHAIN (120-150 words)

Time on Skilled Worker / Tier 2 General can be combined:
  ▪ Time on Tier 2 General (pre-December 2020) counts
  ▪ Time on Skilled Worker (December 2020+) counts
  ▪ Time on Health and Care Worker (overlay of Skilled Worker) counts
  ▪ Time on certain GBM routes does NOT count (GBM is NOT a settlement route)
  ▪ Time on Student / Graduate Route / Visitor does NOT count (different routes)

For [CLIENT_NAME]:
  ▪ First Skilled Worker / Tier 2 start date: [FIRST_SW_START_DATE]
  ▪ Earliest ILR application date: [FIRST_SW_START_DATE + 5 years - 28 days] (can apply up to 28 days before 5-year completion)
  ▪ Continuous status chain verified — no gaps in visa coverage

Status gaps:
  ▪ Up to 30 days "out of time" / overstayer absences = forgiven (Appendix CR 4.1)
  ▪ Beyond 30 days gap = reset 5-year clock

§3 — ABSENCES UNDER APPENDIX CR (150-180 words)

Continuous residence definition (Appendix CR 4):
  ▪ Maximum 180 days absence from UK in any rolling 12-month period
  ▪ Calculated as: count absence days in any consecutive 12-month window during the qualifying period
  ▪ Even ONE 12-month window with 181+ days absence = breach

[ABSENCES_HISTORY] analysis:
  ▪ List each absence: departure date, return date, days absent, reason
  ▪ Calculate cumulative absences in rolling 12-month windows
  ▪ Flag any 12-month window with absences approaching 180 days

Acceptable absence reasons (do NOT exempt from 180-day limit but help framing):
  ▪ Annual leave / personal travel
  ▪ Business trips
  ▪ Family emergencies (medical, bereavement)
  ▪ Indian-specific: weddings, religious ceremonies (Diwali, Christmas family visits), parental care

UKVI does NOT exempt absences based on reason (general rule). Specific exceptions:
  ▪ Serious / compelling family reason — limited discretionary
  ▪ Pandemic / travel ban (during COVID years 2020-2021 — limited grace)
  ▪ Compelling employment reason — limited discretionary

For Indian applicants: parental care + family events common reasons; document carefully but expect strict 180-day enforcement.

§4 — KOL — LIFE IN UK + ENGLISH (100-120 words)

Appendix KOL requires:

Life in UK Test:
  ▪ 45-minute computer-based test at official test centre
  ▪ 24 questions on British history, culture, politics, geography
  ▪ Pass mark: 75% (18+/24 correct)
  ▪ Booking via lifeintheuktest.service.gov.uk
  ▪ Fee: GBP 50
  ▪ Test result valid INDEFINITELY (no expiry)
  ▪ For [CLIENT_NAME]: [LIFE_IN_UK_TEST]

English at B1 CEFR:
  ▪ Same standards as Skilled Worker entry
  ▪ Acceptable: prior degree taught in English (most Indian Bachelor's qualify) + ENIC-UK letter if non-UK degree, OR IELTS UKVI Academic 4.0 each skill, OR nationality (not applicable for India)
  ▪ For [CLIENT_NAME]: [ENGLISH_EVIDENCE]

§5 — SALARY CHECK AT ILR (80-100 words)

At ILR application date:
  ▪ Applicant must be employed by A-rated Skilled Worker sponsor
  ▪ Salary must be at the higher of GBP 38,700 (current threshold) OR going rate for SOC code
  ▪ If applicant in role with lower salary at time of ILR: cannot apply

For [CLIENT_NAME] at [CURRENT_EMPLOYER] earning [SALARY]:
  ▪ Compare against current GBP 38,700 + SOC code going rate
  ▪ If below: defer ILR application; negotiate salary increase or wait for SOC going rate update

Common issue:
  ▪ Salary thresholds change in April annually (Statement of Changes)
  ▪ April 2024 increase from GBP 26,200 to GBP 38,700 caught many applicants

§6 — SUITABILITY GROUNDS (100-120 words)

UKVI checks suitability under FM-SE 8 (Mandatory) and 9 (Discretionary):

Mandatory refusal grounds:
  ▪ Conviction for offence with 4+ years imprisonment
  ▪ Conviction for offence with 12 months+ where time elapsed since end of sentence < 10 years
  ▪ False representation / deception (Section 9 false rep — 10-year ban)

Discretionary refusal grounds:
  ▪ Lower-level criminal convictions
  ▪ Civil debt to Home Office (e.g. NHS debt > GBP 500)
  ▪ Unpaid taxes / National Insurance gaps
  ▪ Bankruptcy
  ▪ Customs declaration breaches

For [CLIENT_NAME]:
  ▪ Run mandatory check (driving offences, civil penalties, criminal record)
  ▪ India PCC + UK ACRO Police Certificate
  ▪ Address any NHS bills outstanding
  ▪ Tax compliance check via HMRC + India ITR

§7 — APPLICATION DOCUMENTS (80-100 words)

  □ Passport bio page + current visa (BRP / eVisa)
  □ Job offer letter + current employer letter confirming continued employment + salary
  □ Sponsor employment reference
  □ Recent payslips (last 12 months)
  □ HMRC employment record
  □ Life in UK test certificate
  □ English language evidence
  □ Police certificates (UK ACRO + India PCC)
  □ Absences calendar with supporting documents (boarding passes, hotel bookings, etc.)
  □ Dependants' relationship + immigration evidence (if applying together)

§8 — FEES + TIMELINE (60-80 words)

Application fee: GBP 2,885 [VERIFY]
Priority service: +GBP 500 (5 working days)
Super Priority: +GBP 1,000 (next working day)
Standard processing: 6 months

After ILR grant:
  ▪ BRP / eVisa updated showing settled status
  ▪ Free movement in/out of UK without visa
  ▪ Can apply for British Citizenship after 12 months on ILR (and 5 years continuous residence)

End with: "DRAFT — for OISC/IAA-registered adviser or solicitor review. The 180-day rolling absence rule is unforgiving; meticulous calendar reconstruction is mandatory. For Indian applicants, family travel patterns often breach the 180-day rule in years with weddings or parental illness — flag at start of qualifying period. Salary at ILR application date is the binding figure; April Statement of Changes can shift the threshold."