If you have been in the UK on a work visa for a number of years, you may be contemplating what to do next. If you want to stay, you will now have options not previously available to you. In this article, we will discuss extending the Skilled Worker visa (previously known as the Tier 2 General visa), and the other options available if you wish to stay in the UK.
What Are My Options If My Skilled Worker Visa Is Due To Expire?
The two main options if your Skilled Worker visa is about to expire are to either apply to extend your work visa or apply for indefinite leave to remain (ILR). The advantage of applying and acquiring ILR is that you will no longer need to apply for future visas, you will not need to pay the healthcare surcharge, and you will only be one year away from being eligible for citizenship. And crucially, you will be able to work for any employer in any role. Despite this, in some cases, Skilled Worker visa holders may not qualify for ILR, as we will explain next.
But before we go any further, the answer to the main question raised in the title of this article is that there are no limits on the number of times you can extend your Skilled Worker/Tier 2 visa. The Home Office states, “You can apply to extend your visa as many times as you like as long as you still meet the eligibility requirements. After five years, you may be able to apply to settle permanently in the UK (also known as ‘indefinite leave to remain’). This gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible”.
Am I Eligible For ILR As A Skilled Worker Visa Holder?
Most people who have held a Skilled Worker/Tier 2 work visa for five years will be able to apply for ILR, but the ‘continuous residence’ rule can catch some people out. To be eligible for ILR as a Skilled Worker visa holder, you need to:
- have a valid Tier 2 (General) visa or a Skilled Worker visa
- have been living and working in the UK for five years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
- have a letter from your employer (sponsor) confirming you are still needed for your job
- have a job which meets the salary requirements (at least £25,600 or the going rate for your job, or if you have a job on the Shortage Occupation List (including the Healthcare list), or a specialist scientific occupation.
Hence if you have been out of the country for more than 180 days in any 12 month period in the last five years, it is likely you will have broken the chain of continuous residence and will not be able to apply for ILR. The other eligibility rules for ILR, including having valid employment and a salary which meets the requirements, apply whether you are applying for ILR or extending your work visa.
If you are eligible for ILR in terms of continuous residence, your employment, and your salary, you will also need to pass a ‘Life in the UK test’ and show you have sufficient English language skills. For reference, you will need to have an English language qualification at CEFR B1, B2, C1 or C2 level, or a degree taught or researched in English.
Your children will also be able to apply for ILR if they:
- were previously given permission to stay in the UK as your child
- are not married or in a civil partnership
- will live with you and be supported by you without using public funds
They can also apply if:
- you are the child’s sole surviving parent
- you have sole responsibility for the child’s upbringing
- there are serious or compelling family or other considerations, for example, you (if you’re settled in the UK) or your child has a serious illness
If I Am Not Yet Eligible For ILR, Can I Extend My Tier 2/Skilled Worker Visa?
The immigration guidance for Skilled Worker visa extensions states “You can usually apply to extend a Skilled Worker visa or a Tier 2 (General) work visa if all of the following are true:
- you have the same job as when you were given your previous permission to enter or stay in the UK
- your job is in the same occupation code as when you were given your previous permission to enter or stay in the UK
- you’re still working for the employer who gave you your current certificate of sponsorship”.
The minimum salary requirements depend on when you first received your Certificate of Sponsorship (CoS). If your CoS was issued before 24th November 2016, and if you apply to extend your visa before 24th May 2023, you only need to be paid the lower rate of £20,800 per year (unless the ‘going rate’ for your job is higher). If your CoS was issued after 24th November 2016, then your salary must be £25,600 (or more if the ‘going rate’ is higher). The salary requirement is lower (£20,480) if you have a PhD in a STEM subject, your role is in a shortage occupation, or if you are under 26, studying or a recent graduate, or in professional training.
Wrapping Up
If your work visa is due to expire, it is worth considering all of your immigration options rather than just applying for an extension immediately. If you can acquire ILR, this will save you future visa application costs, healthcare surcharge fees, and a great deal of time and stress in having to deal with the Home Office. But most of all, it puts you so much closer to acquiring citizenship. Even if citizenship is not your goal, if you have ILR, you will be able to work for any employer, even if they are not a licensed sponsor, and you can change jobs without having to request permission from the Home Office first.
