The United Kingdom has long been an attractive destination for healthcare professionals from around the world, offering a diverse and dynamic work environment. One of the most appealing aspects of the Health and Care Worker Visa is the pathway it provides to obtain Indefinite Leave to Remain (ILR), a form of permanent residency in the UK. In this blog post, we will discuss the process of acquiring ILR for Health and Care Workers.
Introduced in August 2020, the Health and Care Worker visa is designed for medical professionals intending to work in the UK’s healthcare sector, including the NHS, its suppliers, and adult social care. Operating under the Skilled Worker route, this visa provides significant benefits for healthcare professionals.
ILR as a Health and Care Worker
Health and Care Workers can apply for ILR after they have spent a continuous period of 5 years living in the UK under the Health and Care Worker category, either exclusively or in combination with other allowable work visa categories. The qualifying residential period includes the period starting from the approval date of your initial entry clearance or leave to remain application. An application for ILR under the Health and Care route must be submitted through application SET(O).
To be eligible for settlement as a Health and Care Worker Visa applicant, you need to meet the following criteria:
- The applicant must have a continuous 5-year lawful stay in the UK, with the most recent period being under the Health and Care Worker category, along with a combination of other categories. This can include time spent as a Tier 1 Migrant (excluding Post Study Work and Graduate Entrepreneur), Tier 2 (General), Tier 2 (Minister of Religion), Tier 2 (Sportsperson), Tier 2 (Intra-Company Transfer) under pre-6 April 2010 Rules or as a Work Permit Holder under Intra-Company Transfer, Representative of an Overseas Business, Highly Skilled Migrant, Work Permit Holder, Innovator, or Global Talent migrant. This combination of categories contributes to the applicant’s qualification for settlement.
- Continuous Residence: You must have resided and worked in the UK continuously for a period of 5 years. During this time, you should not have been outside the UK for more than 180 days in any 12-month period.
- Employment Confirmation: Your sponsoring employer must confirm that they still require your services for the foreseeable future. This confirmation needs to be documented.
- Salary Requirement: Your salary must meet or exceed the relevant threshold.
- Life in the UK Test: Pass the Life in the UK test, unless you are aged 65 or older.
- English Language Proficiency: Meet the specified English language requirements.
- Sponsorship Status: Your sponsoring employer should maintain their Home Office approved sponsor status.
Continuous residence requirement
Your eligibility for Indefinite Leave to Remain (ILR) as a Health and Care Worker Migrant depends on maintaining continuous residence in the UK. This includes the period between the granting of your entry clearance and your actual entry into the United Kingdom, which is counted towards your continuous residence. Absences during this time are also considered as part of the allowable 180 days within each 12-month period.
Throughout the 5-year period, you must not exceed 180 days of absence in any consecutive 12-month span. While applying for Health and Care Worker ILR after 11 January 2018, absences from the UK are evaluated on a rolling basis, unlike the previous method of assessing separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, absences during that time will be appraised under the prior rules, considering separate 12-month periods up to the date of your ILR application as a Health and Care Worker.
Absences from the UK
If any of your absences from the UK are related to employment or fall within your annual paid leave, it’s important to furnish a letter from your employer specifying the purpose and duration of these absences, including details about annual paid leave periods. In cases where your absences are due to serious or compelling reasons, you are required to provide a personal letter detailing the reasons for these absences, along with all pertinent supporting documents such as medical certificates, birth/death certificates, or other relevant information. Remember that regardless of the reason for your absences, they will contribute to the 180-day limit unless they fall under a specific exemption. This applies to both work-related absences and those due to serious and compelling reasons.
How can we help
To discuss your application for Indefinite Leave to Remain in the UK with an experienced adviser, contact our team on 0208 757 5751 or use our contact form.
Frequently asked questions
You can apply for ILR as a Health and Care Worker 28 days before completing the 5-year qualifying period.
To be eligible for ILR as a Health and Care Worker Migrant, you must ensure that you do not accumulate more than 180 days of absence within any consecutive 12-month period throughout your 5-year continuous residence. Exceeding this limit might affect your eligibility for settlement.
For ILR applications made after January 11, 2018, the Home Office evaluates absences from the UK on a rolling basis, rather than using separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that time will be considered under the previous rules, where separate 12-month periods are assessed up to the date of your ILR application as a Health and Care Worker.
