Skilled Worker visa to settlement (ILR): the rules in force in October 2026, and what is only proposed

Under the Immigration Rules in force on 23 October 2026, Skilled Worker and Health and Care Worker visa holders can apply for indefinite leave to remain (ILR) after 5 continuous years, if they meet the salary, absence, Life in the UK and sponsor requirements. One change is already written into the rules: from 26 March 2027, applicants will need English at level B2 in speaking and listening. The government's plan to make 10 years the baseline under an "earned settlement" model is still a proposal. Its consultation closed on 13 February 2026, and we found no rule change implementing it on gov.uk.

This is general information, not immigration advice. Settlement applications are expensive and refusals are costly. Check gov.uk against your own dates, or use a regulated adviser from the Immigration Advice Authority register.

What are the settlement rules today?

The legal test is in the settlement section of Appendix Skilled Worker, last updated on 8 October 2026, and gov.uk explains it in its ILR guide for Skilled Worker and Health and Care Worker visa holders. You need:

1. Five continuous years with permission on qualifying routes. Paragraph SW 21.2 lists Skilled Worker (including the Health and Care Worker visa), Global Talent, Innovator Founder, Scale-up, International Sportsperson, T2 Minister of Religion, Representative of an Overseas Business and most Tier 1 categories. Time as a dependant does not count.
2. Continuous residence. Gov.uk says no more than 180 days outside the UK in any 12 months.
3. The Life in the UK test, if you are aged 18 to 64. Book it through gov.uk.
4. A qualifying salary, confirmed by your sponsor (see the table below).
5. A sponsor that is still licensed. Paragraph SW 24.1 says the sponsor in your most recent permission must still be approved to sponsor Skilled Workers on the date of decision, and must confirm it needs you for the foreseeable future.
6. No suitability problems, such as being in breach of immigration law.

For English, gov.uk's guide currently says you do not need to prove it again when you apply to settle on this route, because you did so for your visa. That changes in March 2027 (see below).

What salary do you need for settlement?

The thresholds in paragraph SW 24.3 differ from the ones you met when you first applied. Discounts for new entrants and PhD holders do not apply at settlement.

Gov.uk's guide adds that Health and Care Worker visa holders in the codes with different salary rules (including care workers and senior care workers) need £31,300 or the lower going rate, or £25,000 if the job is or was on the Immigration Salary List. Our Skilled Worker salary calculator shows the general threshold and going rate for any code.

How much does ILR cost and how long does it take?

Gov.uk's guide says:

• the fee is £3,226 for each person, which matches the Home Office fees table from 8 October 2026
• you can apply 28 days before you reach 5 years, and applying earlier risks refusal
• a decision usually takes up to 6 months after you give your biometrics
• priority service costs an extra £500 for a decision within 5 working days, and super priority an extra £1,000
• you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision

Your partner and children can be included in your application or apply later. Gov.uk says a partner qualifies if they have lived in the UK with you as your dependant for at least 5 continuous years and meet the other requirements, and partners aged 18 to 64 must also pass the Life in the UK test and meet the English requirement. Children have their own criteria, set out in the same guide.

What changes on 26 March 2027?

This one is already law. The Statement of Changes HC 1691, laid on 5 March 2026, raised the English requirement for settlement to B2 on a range of routes. Paragraph SW 22A.1 of Appendix Skilled Worker now reads that, where the date of application is on or after 26 March 2027, the applicant must show English "in speaking and listening to at least level B2", unless an exemption applies.

The explanatory memorandum says the start date was deferred to give people time to prepare, and that the change will apply "to those already on a pathway to settlement". If you expect to apply after 26 March 2027 and have not proved B2 before, plan for it now.

What is "earned settlement"?

On 20 November 2025 the Home Office published A Fairer Pathway to Settlement, a statement and consultation. It said settlement "will no longer be granted automatically after a fixed period" and set out a model built on character, integration, contribution and residence. The main proposals, as published:

• the baseline qualifying period would rise from 5 to 10 years for most people
• the consultation asked about a 15-year period for Skilled Workers in roles below degree level (RQF 6), and the government's announcement said lower-paid workers who came on health and social care visas between 2022 and 2024 "would be subject to a 15 year baseline"
• reductions were proposed for contribution, for example 5 years off for taxable income of £50,270 for 3 years, 7 years off for £125,140, and 5 years off for 5 years in a specified public service occupation
• the announcement said "doctors and nurses working in the NHS will be able to settle after 5 years"
• increases were proposed for things like claiming benefits or having entered illegally
• the government proposed applying the new model to everyone not yet settled, with transitional arrangements subject to consultation

What can you do now?

1. Count your absences. Keep a dated list of every trip abroad. The 180-day rule applies to any 12-month period, not just calendar years.
2. Take the Life in the UK test early. You need a pass to apply.
3. Check your English. If you might apply on or after 26 March 2027, find out whether you already hold a B2 qualification that would count.
4. Watch your salary. Pay rises in line with going rates matter, because the settlement threshold is tested at the time you apply.
5. Check your sponsor. If your employer loses its licence near your settlement date, your application can fail. You can see whether a name is on the register today with our sponsor licence check, and our register change reports track organisations added to and removed from it each month.
6. Think before changing jobs late on. Gov.uk counts time on any combination of Skilled Worker visas, but the employer you have when you apply must confirm it still needs you.

Sources: every gov.uk page linked in this article was checked on 23 October 2026.

Frequently asked questions

How many years do I need on a Skilled Worker visa to get ILR? Under the rules in force on 23 October 2026, five continuous years on qualifying routes, as paragraph SW 21.1 of Appendix Skilled Worker states. A 10-year baseline has been proposed but has not been written into the rules.

Is the 10-year settlement rule in force? No. It was proposed in the earned settlement consultation, which ran from 20 November 2025 to 13 February 2026. As of 23 October 2026 we found no rule change on gov.uk implementing it.

Do I need to prove my English for ILR on a Skilled Worker visa? Not for applications made before 26 March 2027, according to gov.uk's current guide. For applications on or after 26 March 2027, paragraph SW 22A.1 requires English at level B2 in speaking and listening unless an exemption applies.

How much does indefinite leave to remain cost in 2026? £3,226 per person, according to gov.uk and the Home Office fees table from 8 October 2026. Priority processing costs an extra £500 and super priority an extra £1,000.

What if my employer loses its sponsor licence before I apply for ILR? Paragraph SW 24.1 requires the sponsor in your most recent permission to still be licensed on the date of decision. If it is not, you would normally need a new sponsor and a new grant of permission first. Speak to a regulated adviser if this happens close to your settlement date.

Can I spend more than 180 days abroad and still get ILR? Gov.uk says you must have spent no more than 180 days outside the UK in any 12 months. Limited exceptions exist in Appendix Continuous Residence, so take advice before relying on one.