Skilled Worker ILR Under Earned Settlement: Why Your Wait May Double

Under the current rules, a Skilled Worker can usually apply for ILR after five years on a qualifying visa. They must also meet the continuous residence, suitability, salary and sponsorship requirements, and pass the Life in the UK test. Five years has never guaranteed ILR on its own.

Under the announced Earned Settlement framework, the qualifying period would also depend on what you earn, the work you do, and whether you have kept to the rules. For many Skilled Workers on typical salaries, that would mean 10 years instead of 5.

Under the announced framework, every applicant would have to meet five mandatory requirements before any qualifying period applies, unless an exemption applies. A high salary cannot make up for missing one.

1. No criminal record. Any adult with a UK criminal record would be refused. This includes convictions (custodial and suspended sentences, community sentences and court fines) and specified out of court disposals such as conditional cautions. Relevant overseas convictions can also count.
2. No outstanding government debt. This covers NHS charges, unpaid tax and National Insurance, and litigation debt owed to the Home Office.
3. English at B2 level, equivalent to A Level in a foreign language.
4. The Life in the UK test.
5. Sustained contribution. On the standard 10 year pathway, earnings of at least £12,571 in five of the seven years before applying. Couples can combine their earnings to meet a household threshold of £25,142.

Exemptions continue for children, people aged 65 or over, and people who cannot meet a requirement because of a physical or mental condition. Child dependants under 18 are exempt from the income, debt, English and Life in the UK requirements, but not from the criminality rules.

To use the 3, 5 or 10 year pathways, you must also not have committed a specified immigration breach as an adult (such as overstaying or breaching your visa conditions), or accessed specified public funds in the five years immediately before applying.

Under the announced plans, you could reach ILR faster than 10 years if you fit one of these groups and meet the mandatory requirements.

The earnings test looks back from the date you apply. A pay rise shortly before you apply will not, on its own, move you to a faster path. But the window moves with you. If you do not meet the £50,271 test at year five, you could meet it later, once you have three higher earning years in the five before a later application, subject to the final rules.

Public funds are not always permanent. The test looks at the five years immediately before you apply. Skilled Workers normally have no access to public funds as a condition of their visa, so check your conditions before claiming anything.

The thresholds are linked to income tax thresholds and will move if those change. The published occupation list is policy, and the final rules will confirm it.

Care workers who did not meet their conditions can apply for a further five year care visa, not tied to their old employer, and then apply for settlement. Care workers who joined the route after the White Paper are on the standard 10 year path.

These examples are illustrative only, based on the announced policy. Each assumes the person applies after the new rules are in force, has the required continuous residence on a qualifying route, and meets all five mandatory requirements. Earnings history and residence are separate tests. The final rules may differ.

The first example is the one we hear most often. A pay rise late on does not change the path at year five, but it can bring settlement forward later, because the test counts three of the five years before each application.

Yes, for most people. The government says settlement rules are applied when the settlement decision is made, not when you arrived. Its press release refers to the point of application instead, so the final transitional wording will decide this. It has not been published yet.

What we know so far:

• If you already hold ILR, nothing changes. Settled status will not be removed from anyone who already holds it.
• The transitional protections are narrow. They cover care workers and some health and education workers who came before the Immigration White Paper was published on 12 May 2025. There is no general protection for Skilled Workers who arrived before the announcement.
• Skilled Workers who first came under the lower salary thresholds before 4 April 2024 were allowed to extend on those terms until 2030. For workers in roles below RQF level 6 who are not covered by other exemptions, the government plans to let them extend on their current terms until 2035. The final rules will confirm exactly who is covered.
• You will not be forced to leave because of these reforms. Temporary visas can be renewed until you reach settlement, as long as you meet the requirements of each extension.
• Until each change takes effect, the current ILR rules still apply. If you can apply for ILR under the current rules now, it may be worth talking to an adviser about timing. Applying earlier does not guarantee the old rules, because that depends on transitional wording not yet published.

The Home Office estimates that over 500,000 people will wait longer than five years to settle.

Earned Settlement is the biggest change, but it comes on top of several others. These are the ones that matter most for Skilled Workers and their employers.

If you are changing job, the new role must meet the salary and skill level rules that apply to you when you apply, including any transitional protection you have. Check with your employer before you accept an offer.

The rules are not yet in force, so there is time to prepare.

1. Check whether you already qualify for ILR under the current rules. If you do, talk to an adviser about timing. Remember you can apply up to 28 days before you complete your five years.
2. Map your earnings for every tax year. Count the years you earned at least £12,571, £50,271 and £125,141. Keep your P60s, payslips and contracts.
3. Check your tax and National Insurance record in your HMRC personal tax account (GOV.UK), and clear any NHS, tax or other government debt.
4. Book your Life in the UK test and plan for B2 English if you expect to apply on or after 26 March 2027.
5. Keep your visa valid at all times. Never overstay or work outside your visa conditions. A breach as an adult could push settlement to 20 years.
6. Check your visa conditions before claiming any benefit. Skilled Worker visas normally carry no access to public funds, so check your conditions before claiming anything. Under the plans, specified public funds used in the five years before applying could also put you on the 20 year path.
7. If you work in health or education, check whether your occupation is on the government’s published list (Annex C of its response) and paid on a national pay scale.
8. Talk to your employer. Your sponsor needs to keep your records, salary and reporting in order for every extension until you settle.

The detailed Immigration Rules have not been published. Until they are, these questions are open:

• The exact commencement dates for each part of the reforms
• The final transitional wording, and whether it uses the date of application or the date of decision, and whether the 120 plus 60 day care worker protection covers only the pre White Paper group
• How “earnings” will be measured (for example which income counts, and which tax years)
• Which benefits count as specified public funds, and the exemptions for vulnerable groups
• Whether the final rules keep the health and education occupation list published in Annex C
• How time on Skilled Worker permission combines with time on other routes that count

We will update this guide as each change is published.

Every Skilled Worker’s history is different, and the right timing could save you years. X Law can:

• check whether you can apply for indefinite leave to remain under the current rules
• map your earnings and tell you which Earned Settlement path you are likely to be on
• advise on Skilled Worker visa extensions and job changes
• help employers keep their sponsor licence compliant
• plan ahead for British citizenship

Book a settlement review or call 0330 236 9248.

Is the Skilled Worker route to ILR now 10 years?

Not yet. Today, the Skilled Worker route can still lead to ILR after five years if you meet the requirements. The government has announced plans to make 10 years the default under Earned Settlement. The rule changes are expected to start being published in December 2026, with implementation during 2027.

Can I still get ILR after 5 years as a Skilled Worker?

Yes. Under the current rules, five years remains the standard Skilled Worker route to ILR, subject to the eligibility requirements. Once Earned Settlement is in force, five years would be available if you earn at least £50,271 in three of the five years before applying, or work five years in an eligible health or education occupation, and meet the mandatory requirements. Care workers who entered or switched into the care route before 12 May 2025 and meet their conditions also keep five years.

I have already done 4 years. Am I protected?

Not automatically. There is no general protection for Skilled Workers already on the route. If you reach five years before the new rules take effect, you may be able to apply under the current rules. Get advice on timing.

Will a pay rise move me to the 5 year route?

Under the current rules, your earnings history does not change the five year wait. Under the announced plans, a pay rise would not move you to the five year route on its own, because you need earnings of at least £50,271 in three of the five years before applying. But the test is applied at each application, so after three higher earning years you could qualify later.

Does my partner’s income count?

For the minimum £12,571 sustained contribution requirement, couples can combine earnings to meet £25,142. The government has not yet said that a partner’s income can count towards the £50,271 or £125,141 thresholds for the faster routes, so plan on your own earnings until the rules are published.

Will my visa be cancelled if I am now on the 10 year path?

No. The government says no one will be forced to leave because of these reforms. You can keep extending your visa, as long as you meet the requirements each time.

What English level do I need for ILR?

Today, most Skilled Workers do not need to prove English again for ILR, because they did so for their visa. For ILR applications made on or after 26 March 2027, you will need B2 in speaking and listening, unless you are exempt. Earned Settlement would make B2 a requirement for everyone, subject to exemptions.

Do these changes affect people who already have ILR?

No. Existing ILR will not be removed because of these reforms.