The five-year Skilled Worker route to Indefinite Leave to Remain remains open as of June 2026. No Immigration Rules have yet been laid to implement the Government’s proposed Earned Settlement reforms, and the current framework still applies.
That is the most important point to understand. The amount of commentary around the proposed changes has caused real anxiety for Skilled Worker visa holders, with some people assuming that the five-year route has already ended. It has not.
What has changed is the level of clarity around the Government’s direction of travel. The Earned Settlement consultation has closed, the Government has repeatedly indicated that it intends to move from a five-year baseline to a ten-year baseline for many migrants, and the next rules may arrive later in 2026 or in early 2027. The exact timing and transitional arrangements are still not confirmed.
If you are on a Skilled Worker visa and your five-year date falls in 2026 or 2027, this is the time to check your eligibility, salary history, absence record and family position carefully.
What The Five-Year Route Currently Requires
Under the current rules, a Skilled Worker, Health and Care Worker or eligible Tier 2 applicant may be able to apply for ILR after five years on a qualifying route.
You must have five years of qualifying residence. For many Skilled Worker applicants, the qualifying period can start from the date the first qualifying visa was issued, provided entry to the UK was not delayed by more than 180 days. If entry was delayed by more than 180 days, the position needs to be checked carefully because only time after entering the UK may count.
You can apply up to 28 days before the end of the five-year qualifying period. Applying earlier risks refusal.
You must also meet the continuous residence requirement. In most Skilled Worker cases, you must not have spent more than 180 days outside the UK in any 12-month period during the qualifying period, unless an exemption applies. Absence calculations should be checked before submission, especially where there has been remote working overseas, extended family travel, unpaid leave or travel during a job change.
Salary Compliance Matters More Than Ever
Salary compliance remains one of the most important parts of a Skilled Worker ILR application. Your employer must confirm that you are still needed for the role and that you will continue to be paid at or above the required salary level after settlement is granted.
The required salary depends on the rules that apply to your sponsorship, your occupation code, the going rate and any transitional protection. It is not enough to look only at your current annual salary. Historical pay records can also matter, particularly where there were reductions, salary sacrifice arrangements, unpaid leave, reduced hours or variable pay.
Since 8 April 2026, the Skilled Worker Rules have also included pay-period requirements under paragraph SW 14.3B. Broadly, sponsored workers must be paid the required salary in compliant pay periods, with checks against hourly pay, three-month, 12-week or 17-week assessment periods depending on the pay structure. Our article on Skilled Worker pay period rules explains how this works in practice.
If you are close to ILR, do not assume that a salary issue can be fixed at the last minute. Review your payslips, contract, Certificate of Sponsorship details and HR records before applying.
English Language And Life In The UK
Under the current Skilled Worker ILR rules, applicants do not usually need to prove English language again because they already met the English requirement when applying for the Skilled Worker visa.
That changes for applications made on or after 26 March 2027. From that date, the English language requirement for settlement rises to B2 for Skilled Worker and some other routes. Applicants who apply before that date remain under the current position. Applicants whose five-year date falls after March 2027 should plan for the higher standard.
Most adult ILR applicants aged 18 to 64 must also pass the Life in the UK test. The test costs £50 and consists of 24 questions. You must score at least 75% to pass. You should not leave this until the final weeks before your visa expires.
Suitability And Character Checks
The suitability framework now gives caseworkers a structured basis to consider issues such as criminality, immigration breaches, deception, tax concerns, unpaid litigation costs, NHS debt and wider conduct.
Minor issues will not always lead to refusal, but they should not be ignored. If there has been a historic visa refusal, late application, employment inconsistency, HMRC discrepancy or criminal matter, take advice before submitting. Our earlier article on the good character requirement for British naturalisation gives useful background on how conduct and credibility can be assessed across the immigration and nationality system.
Fees And Processing Times
The ILR application fee is currently £3,226 per applicant. This applies to the main applicant and to each dependant applying at the same time. A family of four applying together faces ILR application fees of £12,904 before priority services, English tests, Life in the UK tests and legal advice.
Priority service costs an additional £500 per applicant and aims for a decision within five working days. Super priority costs an additional £1,000 per applicant and usually aims for a next-working-day decision after biometrics, subject to availability and case complexity.
There is no Immigration Health Surcharge on an ILR application. However, if the Earned Settlement reforms extend your route and you need further Skilled Worker permission before settlement, you may face further visa fees and IHS costs.
Where The Earned Settlement Reforms Stand
The Government published its Earned Settlement consultation in November 2025. The consultation closed on 12 February 2026. As of June 2026, the Government has not published final Immigration Rules implementing the new system.
The proposal is to increase the standard baseline qualifying period for settlement from five years to ten years for many migrants. The consultation also proposed a possible 15-year route for people working in roles below RQF Level 6, including some medium-skilled or shortage-linked roles.
The consultation proposed ways to reduce the qualifying period. A taxable income of £50,270 or more for the three years immediately before applying could reduce the route by five years, preserving a five-year path. A taxable income of £125,140 or more could reduce it by seven years, creating a three-year route. Public service roles, higher English language ability and volunteering were also discussed as possible reductions.
These remain proposals until the Immigration Rules are changed. The current five-year Skilled Worker route remains available until new rules come into force.
The Long Residence Issue
The consultation also proposed removing the separate ten-year long residence route. That route currently allows eligible applicants to combine lawful residence across different visa categories to apply for ILR after ten years.
If you are approaching ten years of lawful residence and are considering ILR based on long residence, you should not wait. The long residence route has not yet been abolished, but it is clearly within the scope of the proposed reforms.
Transitional Arrangements Remain The Key Unknown
The biggest uncertainty is what will happen to people who are already in the UK and already part-way through a five-year route.
The consultation said the Government proposed applying the new framework to people already in the UK who had not yet obtained ILR. It also sought views on transitional arrangements. Those arrangements have not yet been published.
This means there are several possible outcomes. Some applicants already close to ILR may be protected. Others may be moved into the new framework. Some may qualify for accelerated settlement if they meet salary or other contribution criteria. Until the final rules are laid, nobody can guarantee the answer.
What is clear is that anyone eligible under the current rules should consider applying promptly rather than waiting.
Who Is Most Affected?
Applicants who already qualify for ILR, or who qualify before the new rules commence, are in the strongest position. If your five-year date has passed, or you are within 28 days of it, applying under the current framework may protect you from future uncertainty.
Applicants whose five-year date falls later in 2026 or in 2027 face more risk. If the rules change before you can apply, your position will depend on transitional protection and whether you meet any accelerated criteria.
Workers earning below £50,270 may be particularly affected if the ten-year baseline is introduced as proposed. Workers below RQF Level 6, or those in medium-skilled roles, could be more exposed if the 15-year proposal is adopted.
The Home Affairs Committee has noted that at least 325,000 visas have been granted to workers in medium-skilled jobs since 2021, not including dependants. That is why this reform matters far beyond a small group of future applicants.
A Practical Example
Consider a software engineer who was granted a Skilled Worker visa in November 2021, entered the UK promptly and earns £46,000 per year. Their five-year qualifying date falls in November 2026, and they may be able to apply from October 2026.
Under the current rules, they could potentially apply after five years if they meet the residence, salary, suitability and knowledge requirements.
If new rules take effect before they apply, and if there is no transitional protection, their salary may fall below the proposed £50,270 accelerated threshold. Their route could move from five years to ten years. That would mean more years of employer sponsorship, further visa fees, further Immigration Health Surcharge payments and a delayed path to citizenship.
This is why timing matters. A person in that position should review eligibility now, not in the week before their visa expires.
Recent Changes Add To The Pressure
The Earned Settlement proposals are not the only issue. Skilled Worker applicants also need to consider recent salary and sponsor compliance changes.
The May 2026 sponsor guidance update and our further article on Skilled Worker pay period rules explain how payroll compliance is now being scrutinised more closely.
If your employer has sponsor licence problems, your ILR position can also become more complicated. Our article on sponsor licence suspension and revocation explains the risks, while our sponsor licence compliance page sets out what sponsors need to maintain.
What Employers Need To Know
Your employer’s sponsor duties do not end simply because you are applying for ILR. Until ILR is granted, you remain subject to your current visa conditions. Your employer must continue to report relevant changes, maintain accurate records and ensure salary compliance.
If your role, salary, hours, location or reporting line has changed, this should be checked before the ILR application is submitted. Employers with several sponsored workers approaching settlement should review their systems now. Our sponsor licence compliance team can help with that process.
The Route To Citizenship After ILR
For many Skilled Worker visa holders, ILR is not the final goal. It is the step before British citizenship.
Under current rules, most people can apply to naturalise one year after obtaining ILR, provided they meet the residence, character, language and Life in the UK requirements. If your ILR date moves back by five years, your citizenship timeline usually moves back as well.
Our guide to British citizenship after ILR explains the naturalisation process in more detail.
FAQs
Is The Five-Year ILR Route Still Available In June 2026?
Yes. The five-year Skilled Worker route to ILR remains in force. No new Immigration Rules implementing the Earned Settlement reforms have yet commenced.
Will The New Ten-Year Rules Apply To People Already In The UK?
The Government has proposed applying the reforms to people already in the UK who have not yet obtained ILR, but transitional arrangements have not been confirmed. Your risk depends on your current route, salary, timing and final rules.
What Is The Earliest I Can Apply For ILR?
You can apply up to 28 days before the end of your qualifying period. In many Skilled Worker cases, that period can start from the visa grant date if you entered the UK within 180 days. If entry was delayed, check the calculation carefully.
What Is The Current ILR Application Fee?
The standard ILR fee is £3,226 per applicant. Priority service costs an additional £500, and super priority costs an additional £1,000 where available.
Does The B2 English Requirement Affect Me Now?
Not if you apply before 26 March 2027. From that date, Skilled Worker settlement applicants will need to meet the higher B2 English language requirement at ILR stage.
What Happens If My Employer Loses Its Sponsor Licence While My ILR Application Is Pending?
The position can become complicated because your permission remains tied to sponsorship until ILR is granted. If your employer faces licence suspension or revocation, take advice immediately.
What Does The Proposed Abolition Of Long Residence Mean?
The ten-year long residence route remains available for now, but the consultation proposed removing it under the Earned Settlement framework. If you are close to ten years, get advice before the rules change.
Act While The Current Framework Is Still Open
The five-year Skilled Worker settlement route is still available. If you already qualify, or will qualify before new rules take effect, applying under the current framework may be the safest option.
Waiting could mean further sponsorship, further visa fees, further Immigration Health Surcharge costs and a delayed route to citizenship.
At Garth Coates Solicitors, our team of immigration solicitors London has advised Skilled Worker visa holders and employers on settlement, compliance and long-term immigration strategy since 2008. Whether you need to confirm ILR eligibility, review your salary and absence history, or plan for the Earned Settlement changes, we can give you a clear assessment of your position.
If you are also thinking ahead to citizenship, our citizenship solicitors can guide you from ILR to naturalisation. If you hold a sponsor licence and are managing several workers approaching settlement, our sponsor licence compliance team can help you understand your obligations.
Contact us today to arrange a consultation.
