Skilled Worker Visa to ILR Settlement After Five Years

Retrospective Application The Critical Risk

The Government's consultation document explicitly proposed applying the changes to "everyone in the country today who has not already received indefinite leave to remain." The Home Secretary reaffirmed retrospective application in a speech on 5 March 2026. This means that a Skilled Worker visa holder currently at year three of a five-year route, who has not yet applied for ILR, could under the proposed framework need to wait a further seven years (ten years total) unless they meet an earned settlement fast-track salary threshold.

What Has Changed So Far

Two changes have been made in the Immigration Rules as of September 2026. Statement of Changes HC 259, laid 9 July 2026, confirmed that the five-year ILR route remains fully operative and introduced no changes to qualifying periods. Separately, a March 2026 Statement of Changes confirmed that the English language level required for settlement will rise from B1 to B2 from 26 March 2027. The ten-year baseline has not been enacted it will be introduced via a future Statement of Changes, potentially with only 21 days' notice. 

Salary Requirement at ILR Stage

Your salary must meet the applicable threshold at the date of the ILR application not at the date your original CoS was assigned. This is a live assessment against current thresholds

The Absence Requirement

You must not have been absent from the UK for more than 180 days in any 12-month period during your qualifying five years. The 180-day limit applies to each rolling 12-month period assessed from the anniversary of your visa grant date not to calendar years. There are therefore five separate rolling 12-month periods to check.

Unlike the family route, the Skilled Worker ILR rules apply the 180-day limit as a firm statutory test. There is limited discretion for absences that marginally exceed 180 days in a period. If you have exceeded 180 days in any period, seek specialist advice before applying the Long Residence route or other options may apply. 

English Language and Life in the UK Requirements

If you met the English language requirement for your initial Skilled Worker application, the same evidence generally carries forward for ILR provided it has not expired. A B1 test result covers SET(O) under the current rules; applicants applying after 26 March 2027 will require B2.

Good Character Requirement

All ILR applicants must meet the Good Character requirement under Part Suitability of the Immigration Rules. The assessment covers criminal convictions including spent convictions, which must be declared immigration offences, deception in previous applications, outstanding NHS debt of £500 or more, and tax discrepancies between income declared to HMRC and income previously declared to the Home Office.

A tax discrepancy is an increasingly common ground for ILR difficulty. If your Self Assessment returns show income materially different from the salary declared on your CoS in previous applications, seek specialist advice before applying.

ILR Processing Time and Fees 2026

The ILR fee increased from £3,029 to £3,226 on 8 April 2026. There is no Immigration Health Surcharge payable on an ILR application. The application fee is non-refundable if the application is refused.

Dependants

A spouse or partner and dependent children who have been in the UK on dependent Skilled Worker visas throughout the qualifying period may apply for ILR at the same time under SET(O). Each dependant pays the £3,226 ILR fee separately. Children who were born in the UK during your qualifying period may have acquired British citizenship at birth if one parent was British or settled take specialist advice before making an unnecessary ILR application for a child.

After ILR British Citizenship

After the grant of ILR you must wait 12 months before applying for British citizenship naturalisation under Section 6(1) of the British Nationality Act 1981. The 12 months run from the date ILR was granted. During those 12 months you must not be absent from the UK for more than 90 days. Maximum total absences in the five years before citizenship application: 450 days. The naturalisation fee is £1,709 plus £130 ceremony fee.

Frequently Asked Questions

Is the five-year ILR route still available in 2026?

Yes as of September 2026 the five-year route is fully operative. No new Immigration Rules implementing earned settlement have been laid before Parliament. If you have completed five years and meet all other requirements, you can and should apply now. The Government has confirmed its intention to change the rules and that the change will apply retrospectively. A Statement of Changes can give as little as 21 days' notice.

Will earned settlement apply to me if I am already in the UK?

The Government's stated position is yes the changes will apply to everyone in the UK who has not yet received ILR when the new rules come into force. The consultation asked about transitional arrangements but no transitional protection has been confirmed. Apply before the rules change if you can.

How long do I need to be on a Skilled Worker visa before applying for ILR?

Five continuous years under the Skilled Worker route, or a combination of Skilled Worker and Tier 2 General, under the current rules. The five years run from the date your first qualifying visa was granted. You can apply up to 28 days before the five-year anniversary. Under the proposed earned settlement framework this would rise to ten years for most applicants, with possible fast-tracks for high earners.

What salary do I need for Skilled Worker ILR in 2026?

£41,700 per year at Option A (standard), or the going rate for your occupation code under Appendix Skilled Occupations — whichever is higher. Reduced thresholds apply for new entrants (£33,400 at Option E) and PhD holders in relevant STEM (£37,500 at Option B). Transitional rates may apply if you have not changed employer or role since before April 2024.

What happens if I exceeded 180 days abroad in one year?

You will not meet the standard ILR qualifying criteria for SET(O). You may need to consider the Long Residence route (10-year route) or other options. Seek specialist advice before applying submitting a SET(O) that will be refused wastes the £3,226 non-refundable fee.

What is the ILR processing time in 2026?

Standard processing is up to 6 months from the biometric appointment. In practice most SET(O) applications are decided in 4 to 8 weeks. Priority service (£500) targets 5 working days. Super Priority (£800) targets the next working day. There is no Immigration Health Surcharge on an ILR application.