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ILR after a Skilled Worker visa: the 5-year test

Settlement as a Skilled Worker needs 5 continuous years with permission on listed work routes, absences of no more than 180 days in any 12 months, a sponsor that still approves and pays you at least the settlement salary, and the Life in the UK Test. Rule SW 22A.1 adds B2 English for applications made on or after 26 March 2027. The fee is £3,226 per person.

Skilled Worker settlement is the step after the Skilled Worker visa for people who want indefinite leave to remain (ILR). The test in Appendix Skilled Worker has several separate parts: a qualifying period of five years, a continuous residence limit on time abroad, a sponsor and salary check at the date of decision, the Life in the UK Test, and, for applications made on or after 26 March 2027, English at level B2. Each part fails differently. A person can have five years on paper and still be refused because of one long trip, a sponsor whose licence has gone, or a salary below the settlement row that applies to them.

This guide sets out what the rules and GOV.UK say as at 10 October 2026, in the order the application meets them. It covers the Health and Care Worker route as well, because it uses the same appendix. It describes the rules. It does not say whether any person meets them or when they should apply.

Earned settlement is a separate matter. It is a consultation proposal and is covered in its own guide. Everything below describes the Immigration Rules as they stand.

The requirements in one list

Rules SW 19.1 to SW 25.2 set out settlement as a Skilled Worker. In summary the applicant must:

  • apply online on the specified form (form SET(O)), pay the fee, give biometrics, provide a passport or travel document, and be in the UK on the date of application (SW 19.1 to 19.3);
  • have, or have last been granted, permission as a Skilled Worker (SW 19.3);
  • not fall for refusal under Part Suitability, and not be in breach of immigration laws or on immigration bail except where the overstayer exceptions apply (SW 20.1 and 20.2);
  • have spent a continuous period of 5 years in the UK on qualifying routes (SW 21.1 and 21.2);
  • meet the continuous residence requirement in Appendix Continuous Residence (SW 22.1);
  • for applications on or after 26 March 2027, show English at B2 in speaking and listening (SW 22A.1);
  • meet the Knowledge of Life in the UK requirement (SW 23.1);
  • meet the sponsorship and salary requirement (SW 24.1 to 24.4).

If the decision maker is satisfied that all the suitability and eligibility requirements are met, settlement is granted; otherwise it is refused, and the person can apply for administrative review under Appendix AR (SW 25.1 and 25.2).

The 5-year qualifying period

Rule SW 21.1 says the applicant must have spent a continuous period of 5 years in the UK. Rule SW 21.2 says the five years must consist of time with permission, not as a dependant, on any of, or any combination of, these routes: Skilled Worker; Global Talent; Innovator Founder; T2 Minister of Religion; International Sportsperson; Representative of an Overseas Business; Tier 1 (other than Tier 1 Graduate Entrepreneur); and Scale-up. GOV.UK's Skilled Worker ILR page lists the same group of visas, adds Health and Care Worker, Tier 2 (General) and similar older names, and says you cannot include any time you spent in the UK as a partner or child on a visa.

There is also a narrow transitional entry in SW 21.2(i): time on any other route can count while the applicant was waiting for a decision on an application for permission to stay as a Skilled Worker, if that application was made between 24 January 2020 and 30 June 2021 (inclusive), was supported by a certificate of sponsorship from a licensed sponsor, and was granted.

When you can apply is set by GOV.UK: the earliest is 28 days before you have been in the UK for 5 years on a qualifying visa, and an earlier application may be refused. Appendix Continuous Residence (CR 1.1) counts the qualifying period back from whichever date is most beneficial to the applicant: the date of application, any date up to 28 days after it, or the date of decision. GOV.UK also says not to wait until the current visa expires; if it expires before you can apply for ILR, you need to renew it first.

Changing employer does not restart the five years. The route list is about the type of permission, not the sponsor. The sponsor condition in SW 24 looks only at the sponsor on the most recent permission.

Continuous residence and absences

Rule CR 3.1 says the applicant must not have been outside the UK for more than 180 days in any 12-month period. GOV.UK puts it as no more than 180 days outside the UK in any 12 months. Because the rule says any 12-month period, it is a rolling test, not a per-year allowance. The guide on the 180-day rule works through the counting.

Some absences do not count towards the 180 days (CR 3.4):

  • assisting with a national or international humanitarian or environmental crisis overseas, if the sponsor agreed to the absence for that purpose;
  • travel disruption due to natural disaster, military conflict or pandemic;
  • compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or the life-threatening illness or death of a close family member;
  • research activity by a Skilled Worker, approved by the sponsor, where the sponsored job is in a listed group of science, research and higher education teaching occupation codes.

Continuous residence is broken if, among other things (CR 4.1): the applicant is convicted and sentenced to a period of imprisonment (not a suspended sentence); is subject to a deportation order, exclusion order or exclusion direction, or to removal directions under section 10 of the Immigration and Asylum Act 1999; does not currently have, or did not have, permission, subject to listed exceptions; is absent for longer than the limits and no exception applies; or leaves the UK voluntarily after being refused permission to enter, stay or settle, and any permission held has expired. The appendix also says certain periods are not lawful presence, for example while the applicant is subject to a deportation order or when they required permission and did not have it (CR 2.1).

Time spent lawfully in the Channel Islands or the Isle of Man on an equivalent route is treated as time in the UK where the most recent grant of permission was in the UK (CR 3.5).

The sponsor and salary requirement

Rule SW 24 has three parts. The sponsor in the most recent permission must still be approved by the Home Office to sponsor Skilled Workers on the date of decision (SW 24.1). The sponsor must confirm that it still requires the applicant to work for it for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future, at least the salary in the table (SW 24.2). And the salary must equal or exceed both the general salary and the going rate shown in the relevant row of the table in SW 24.3. GOV.UK says you will need a document from your employer to confirm this.

The rows of the table in SW 24.3:

  • Row A: all cases where no other row applies. General salary of at least £41,700 per year, and at least the relevant going rate in Table 1 or 1a of Appendix Skilled Occupations.
  • Row B: the most recent permission was for a job in the Immigration Salary List, and rows C to E do not apply. At least £33,400 per year and the Table 1 or 1a going rate.
  • Row C: the applicant meets the requirements of SW 4.2(b), read with SW 24.1 and 24.2. At least £31,300 per year and the going rate in Tables 2 to 2a.
  • Row D: the applicant was sponsored in a job on the Immigration Salary List and meets SW 4.2(b), or in a health or education occupation code listed in Table 3 of Appendix Skilled Occupations. At least £25,000 per year and the going rate in Tables 2 to 5.
  • Row E: the five-year period includes time as a Tier 2 (General) Migrant sponsored in a listed science, research or higher education occupation code. At least £25,000 per year and the going rate set out in the row.

GOV.UK's Skilled Worker ILR page summarises these. It gives £41,700 or the standard going rate, whichever is higher, as the usual requirement, and describes the different rules for healthcare and education jobs on national pay scales (£25,000 or the national pay scale rate, whichever is higher), for Immigration Salary List jobs (£33,400 or the standard going rate), and for people whose first certificate of sponsorship was before 4 April 2024 and who have held Skilled Worker visas continuously since (£31,300, or £25,000 for a job on the Immigration Salary List, or the lower going rate). The rule table is the legal test, so read SW 24.3 and the going-rate tables for your occupation code.

Salary is considered as in SW 14.1 to 14.5. If the applicant is currently absent from work for a reason listed in SUI 36.1, or returned from such an absence within the month before applying, consideration is based on their salary on return, as stated by the sponsor (SW 24.4).

English and the Life in the UK Test

The Life in the UK Test is required (SW 23.1). GOV.UK says that if you are 18 to 64 you need to book and pass it. It costs £50 and must be booked at least 3 days ahead.

English is where GOV.UK's Skilled Worker ILR page and the Rules need reading together. The page says you do not need to prove you meet the English language requirements when you apply to settle using a Skilled Worker, Health and Care Worker, T2 or Tier 2 visa, because that was done when applying for the visa. Rule SW 22A.1, in the version of Appendix Skilled Worker read on 10 October 2026, says that where the date of application is on or after 26 March 2027 the applicant must, unless an exemption applies, show English language ability in speaking and listening at level B2 on the Common European Framework of Reference for Languages, and must show it as specified in Appendix English Language. The explanatory memorandum to HC 1691 says the change increases the English requirement for settlement to B2 for a number of routes, that it comes into force on 26 March 2027, and that it will apply to those already on a pathway to settlement. The rule keys on the date of application, so the date, not the date a visa began, decides whether it applies. See the guide on B2 English for settlement for detail.

Fees, timing and what to expect after applying

The fee is £3,226 for each person applying, and the Home Office fee table of 8 October 2026 lists the same figure. The Life in the UK Test is £50 for each person who needs it. There is no immigration health surcharge for ILR. Priority (£500) and super priority (£1,000) services are available where the application type is eligible; GOV.UK's Skilled Worker ILR page gives 5 working days and the next working day respectively. The ILR fee guide covers the totals.

GOV.UK says that you will usually get a decision within 6 months of providing your fingerprints and photo, and that complex cases take longer, for example if documents need to be verified, an interview is needed, or because of personal circumstances such as a criminal conviction. While waiting, you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man, or the application will be withdrawn. After approval you can work, run a business, study, use public services and apply for public funds and pensions, and you can apply for British citizenship, usually after a minimum of 12 months. GOV.UK warns that you can lose ILR if you stay outside the UK for more than 2 years at a time.

Partners and children

GOV.UK says partners and children can be included on the application if eligible, and can apply separately later. A partner qualifies if they have permission as your dependant, have lived in the UK with you as your dependant for at least 5 continuous years (SW 42.1), your relationship is genuine, you intend to keep living together, you have enough income to support yourselves and your dependants, and you are not using public funds. Partners aged 18 to 64 must pass the Life in the UK Test and meet the English requirement; for applications from 26 March 2027 that is B2, and before then B1 (SW 44.1). A partner can count time as your dependant on another visa, but not time on their own visa.

Children can be included if they have permission as your child, are not married or in a civil partnership, will live with you and be supported without public funds, and both parents are applying or already settled. Alternatively they may apply in the sole surviving parent, sole responsibility, or serious and compelling circumstances cases. Children over 18 can only be included if they were under 18 when they first got permission as your dependant and still do not live an independent life, and they must pass the Life in the UK Test and meet the English requirements. GOV.UK adds extra document rules for children over 16.

Things that go wrong, and what the proposal says

Several points can defeat an application on the face of the rules. If the sponsor's licence is revoked, or the sponsor is otherwise no longer approved on the date of decision, SW 24.1 is not met even if five years are complete. The sponsor must give the confirmation in SW 24.2. The salary must reach the row that applies to the applicant, not a lower one. An absence abroad can take the rolling total over 180 days. And GOV.UK says an application made earlier than 28 days before the qualifying period ends may be refused. The guide on sponsor licence revocation covers what happens to the worker's permission when a licence is lost.

Earned settlement is a consultation proposal, not part of the Rules. The consultation paper proposes a 10-year baseline qualifying period for settlement, states that routes which currently lead to settlement after 5 years, such as Skilled Worker, would default to 10 years except where an earned reduction applies, and consults on 15 years for people sponsored in a role skilled below RQF level 6. It asks whether there should be transitional arrangements for people already on a pathway to settlement. These are proposals; the earned settlement guide sets out what is proposed and the dates GOV.UK publishes. The requirements above are the ones in Appendix Skilled Worker as read on 10 October 2026.

When people use a regulated adviser

Settlement applications are refused on points that are easy to check in advance: the date the five years ends, a travel count, the salary row, and the sponsor's status at decision. Where an application is more complex, such as a break in permission, a long absence with an exception, or a job change that crosses salary rows, people sometimes pay a regulated adviser or solicitor to review it before the fee is spent. Only IAA-registered advisers, solicitors and a few other regulated persons may lawfully give immigration advice in the UK. See the guides on checking an adviser is registered and on questions to ask before paying.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

How long do I need on a Skilled Worker visa before ILR?

A continuous period of 5 years in the UK with permission (not as a dependant) on the listed work routes (rules SW 21.1 and SW 21.2). GOV.UK says the earliest you can apply is 28 days before the 5 years are complete.

How many days can I spend abroad before ILR?

No more than 180 days outside the UK in any 12-month period (rule CR 3.1), unless one of the listed exceptions in CR 3.4 applies, such as compelling and compassionate circumstances or travel disruption due to natural disaster, military conflict or pandemic.

What salary do I need for Skilled Worker ILR?

It depends on the row of the table in SW 24.3. The general row is at least £41,700 and the going rate; other rows set £33,400, £31,300 or £25,000 with different going rates. Your sponsor must confirm you are paid at least the salary that applies to you.

Does my sponsor still matter at ILR stage?

Yes. The sponsor in your most recent permission must still be approved by the Home Office to sponsor Skilled Workers on the date of decision, and must confirm it still requires you and will keep paying at least the settlement salary (SW 24.1 and 24.2).

Do I need an English test for Skilled Worker ILR?

GOV.UK says you do not need to prove English when applying to settle on a Skilled Worker visa, because you did that for the visa. Rule SW 22A.1 requires B2 English for applications made on or after 26 March 2027, so the date of application matters.

Will earned settlement change the 5-year rule?

Earned settlement is a consultation proposal. It proposes a 10-year baseline, and consults on 15 years for roles skilled below RQF level 6. It is not in the Immigration Rules. The Rules read on 10 October 2026 still say 5 years in SW 21.1.

Sources

Last checked 2026-10-10.

Related guides

  • ILR fee in 2026: £3,226 per person and extras — Indefinite leave to remain (ILR) costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows no change from the current fee. Most applicants aged 18 to 64 also pay £50 for the Life in the UK Test, and can pay £500 or £1,000 more per person for a faster decision where the application type allows it. There is no health surcharge for ILR.
  • Earned settlement: what is proposed vs the rules now — Earned settlement is a proposal in a Home Office consultation that opened on 20 November 2025 and had a closing date of 13 February 2026. It is not in the Immigration Rules. The rules read on 10 October 2026 still set 5 years for Skilled Worker settlement and 3 or 5 years for Global Talent, and 3 years for Innovator Founder.
  • B2 English for UK settlement from 26 March 2027 — The Immigration Rules already say that, for applications for settlement made on or after 26 March 2027, speaking and listening English must be shown at level B2 instead of B1 on a long list of routes, including Skilled Worker, Long Residence, Global Talent, Private Life and partner and parent settlement. It is a rule that has been laid, not a proposal, and it applies to people already on the path.
  • ILR absences: the 180-day rule explained — For most routes to indefinite leave to remain, the Rules say you must not have been outside the UK for more than 180 days in any 12-month period, counted on a rolling basis for permission granted since 11 January 2018. A short list of absences does not count, and time on long residence before 11 April 2024 follows older limits.
  • Skilled Worker salary: £41,700 and going rates — Under Appendix Skilled Worker the general salary test is at least £41,700 a year and the occupation's going rate, whichever is higher. Lower thresholds of £33,400, £37,500 or £25,000 apply to specific groups, and only guaranteed basic pay counts.
  • Sponsor licence revoked: what it means for your visa — If your sponsor loses its licence, the Immigration Rules say your permission may be cancelled. Home Office guidance says that where you were not involved, cancellation normally leaves you 60 days to apply for permission with a new sponsor or to leave. There is no appeal or administrative review against cancellation. A temporary arrangement currently protects care workers.
  • Changing jobs on a Skilled Worker visa — A Skilled Worker must apply to update their visa if they move to a different employer, or to a job in a different occupation code. The update needs a new certificate of sponsorship and costs £943 for up to 3 years from inside the UK. You can keep working your current job until a decision, but should not start the new one.
  • Settling as a partner after 5 years: ILR and form SET(M) — A partner on the 5-year route can apply for indefinite leave to remain after 60 months of continuous residence on partner permission with the same partner. The application costs £3,226, uses the online form SET(M), and needs the financial requirement, English and Life in the UK test evidence again.
  • ILR refused: what happens to your status — Refusal of indefinite leave to remain (ILR) does not by itself tell you how long you can stay: that depends on whether your current permission has expired and whether you applied before it did. If you did, section 3C of the Immigration Act 1971 extends your leave while a review or appeal could be brought or is pending. A new application made within 14 days of the refusal, or of the review or appeal window ending, is not treated as overstaying (SUI 13.1).
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • Questions to ask an immigration adviser before you pay — Before you pay, a UK immigration adviser should be able to show you their registration, their level, a fee scale and a written client care letter. IAA advisers must invoice you, give a receipt, keep money paid in advance in a separate client account, and wait seven days after an invoice before taking a pre-authorised card payment.