Change requirements for ILR for those who have graduated and worked for 3 years

We believe people who have studied on at least a year long programme in the UK in the past 5 years and graduated, and have then worked for at least three years in the UK should be allowed to apply for indefinite leave to remain (ILR) with their dependents.

This is envisioned to retain highly skilled immigrants in the country, a valuable workforce, without burdening them with a 5-year sponsored visa route to obtain ILR. Completing a rigorous 1-year minimum course of study in the UK, paying the required fees and successfully completing the rigour of world-renowned British universities' academic curriculum; and then working diligently as skilled workers for 3 years is in our view sufficient.

Whilst we recognise and appreciate the work of skilled professionals, we must have a settlement process which is fair to all. Unless there are truly exceptional reasons, the expectation is that applicants should serve a probationary period with limited permission before being eligible to apply for settlement. The UK immigration system provides for people to settle in different circumstances, with different qualifying periods required to reach settlement, up to 10 years.

The Points-Based system has a number of benefits aimed at improving the process for sponsors and applicants. At present, individuals can apply for settlement after they have completed five years on the Skilled Worker visa.

Those coming to the UK should be aware that settlement is not guaranteed. The long-standing policy is that a person should be able to demonstrate they can contribute to the UK for a meaningful period of time and they are able to support themselves and their families.

There is a difference between temporary routes, designed to allow people to work and study for shorter periods of time, and work routes which can lead to settlement. The different purposes are also reflected in the rules which do not generally allow time spent on the shorter, temporary route to be counted as part of the current five years leading to settlement.

The Student and Graduate routes are temporary immigration routes. Students and Graduates are expected either to leave the UK prior to the expiry of their permission or, subject to meeting requirements, apply for another immigration route to remain in the UK, including to a route that leads to UK settlement. The Student and Graduate routes are not direct routes to UK settlement although the long residence rules allow time as a Student and as a Graduate to count toward the qualifying period for settlement. There are currently no plans to reduce the five year qualifying period, but we keep all of our policies under review.

Home Office