Work permits
How can I settle in the United Kingdom as a work permit holder?
This page explains how you can apply to stay in the United Kingdom permanently (settle) if you are a work permit holder.
You can apply to stay in the United Kingdom permanently if you:
- have spent a continuous period of 5 years in the United Kingdom in this capacity; and
- you are still required for the employment in question, as certified by your employer; and
- have met these requirements throughout the 5 year period;
- you are not of an age which puts you outside the limits for employment; and
- you are capable of undertaking the employment specified in the work permit; and
- you do not intend to take employment except as specified in your work permit; and
- you are able to maintain and accommodate yourself and any dependants adequately without recourse to public funds; and
- are still required for the employment in question, as certified by your employer; and
- have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless you are under the age of 18 or aged 65 or over at the time you make your application.
Making an application
To find out how to make an application to stay in the United Kingdom permanently and which form to use you should see the United Kingdom residency section. The applying process is the same for work permit holders and the Highly Skilled Migrant Programme.
Refusal of indefinite leave to remain for a work permit holder
Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements above are met.
Frequently Asked Questions
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Can the overseas national work while the application is being processed if they are already living in the United Kingdom?
Normally if you have been issued with a new work permit you can not start working under the conditions of that permit until you have been granted further leave to remain (FLR) to do so using application form FLR(IED). However, you may work while the FLR(IED) form is being processed if you have valid leave to remain in an immigration category that allows you to do so.
For example, if you are residing in the United Kingdom as a working holidaymaker or on a permit-free training visa, you can continue to work until a decision is made on your FLR as long as the work permit application and the associated application for FLR is received before the expiry date of your visa.
An interim arrangement is currently in place whereby existing work permit holders can start a new job on the strength of the work permit permission letter, providing his/her existing leave to remain covers all or part of the period of the new employment. In these cases individuals will then have to submit a further leave to remain application before their existing leave expires, or within six months, whichever is the sooner. As the employer's work permit will have been approved, and the individual will still have to submit a further leave to remain application, this does not undermine immigration controls.
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What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.
Application forms
Permanent residence in the United Kingdom in an employment or other category listed on the form
- Form SET(O) PDF 294K opens in a new window
- Guide SET(O) PDF 163K opens in a new window
News & updates
Contact
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Immigration enquiry bureau
0870 606 7766
UK Border Agency Lunar House, 40 Wellesley Road, Croydon, Surrey, CR9 2BY