Skilled Worker Visa and ILR: What the New Earned Settlement Rules Mean for You
On 2 November 2026 the government confirmed its new 'earned settlement' rules. For most Skilled Worker visa holders, the wait for indefinite leave to remain moves from 5 to 10 years — unless you earn at least £50,271, work in an eligible public service job or have a British connection. Here is how it works, who is protected, and what to do now.
What happened on 2 November 2026
The Home Secretary published the government's final response to the 'earned settlement' consultation. It confirms that the standard wait for indefinite leave to remain (ILR) will increase from 5 to 10 years, with faster routes for people who earn more or work in key public services, and longer routes for people who claim public funds or break the immigration rules. The new rules are not in force yet: the government says it will publish further technical guidance and an impact assessment before they are implemented, and the changes still have to be made to the Immigration Rules.
The new pathways at a glance
3 years: earn at least £125,141 for 3 years (or 3 of the last 4), or qualify through the government's highest-talent group. 5 years: earn at least £50,271 in 3 of the last 5 years, work in an eligible public service occupation for 5 years, or have a British connection (such as being the partner of a British citizen). 10 years: the new default — earn at least £12,571 in 5 of the previous 7 years and meet all the mandatory requirements. 20 years: for people whose immigration breaches or use of public funds stop them qualifying sooner. The earnings thresholds are linked to income tax bands, so they will move if those bands change.
What this means for a typical Skilled Worker
If you are a Skilled Worker earning below £50,271 — for example a software developer, analyst or engineer on £40,000 to £48,000 — and you are not in an eligible public service job and have no British connection, you are likely to be on the 10-year path once the new rules apply. If your salary is £50,271 or more in at least 3 of the 5 years before you apply, you could still settle after 5 years. Your Skilled Worker visa itself is not affected — this is about when you can apply for ILR, not whether you can keep working here.
Does it apply if you are already in the UK?
For most people, yes. The government's response says that, unless special transitional rules are made, settlement applications are normally decided under the rules in force at the time of the decision, and that being in the UK does not give an automatic right to settle under the rules that applied when you arrived. Targeted protections apply only to specific groups who were in the UK before the Immigration White Paper of May 2025 — mainly care workers and some health and education workers (see below). There is no general exemption for everyone already here.
Who keeps the 5-year route
Care workers who entered or switched into the care route before May 2025 keep a 5-year path if they meet the salary (£25,000 a year), sponsorship and employment requirements; those who don't qualify after 5 years can apply for a further 5-year Health and Care visa. Healthcare and education workers below graduate level on a national pay scale — such as nursing auxiliaries and teaching assistants — who came before May 2025 also keep 5 years. Separately, eligible public service workers in health and education at graduate level and above, such as doctors, nurses and teachers, will have a permanent 5-year pathway.
Arrived before April 2024? Your visa extensions are protected
When the Skilled Worker salary thresholds rose in April 2024, people already on the route were allowed to keep extending under the old, lower thresholds until 2030. Because settlement is now moving to 10 years for many of these workers in jobs below graduate level, the government says this group will be able to extend their visas on their current terms until 2035.
Requirements everyone must meet
Whatever your pathway, you will need: English at B2 (A-level standard), up from B1; a pass in the Life in the UK test; no outstanding government debts, including NHS debt, tax and National Insurance; and a clean criminal record. You must also not have claimed specified public funds in the 5 years before you apply — if you have, the route becomes 20 years. Couples can combine their earnings to meet the £12,571 minimum, with a household threshold of £25,142.
What is still not known
The exact start date has not been announced. The government will publish technical guidance before implementation, including how earnings are measured (for example bonuses or salary sacrifice), the full list of eligible public service occupations, and exemptions for vulnerable groups. Until the new rules are laid and come into force, current settlement rules continue to apply.
What to do now
Keep every P60, payslip and tax return — your earnings record will decide your pathway. If you are close to the £50,271 threshold, check whether your salary will meet it in at least 3 of the 5 years before you apply. Avoid anything that could push you onto the 20-year route, such as gaps in your visa permission. Start preparing for a B2 English test and the Life in the UK test. If you may be eligible under the current 5-year rules before the change takes effect, speak to a regulated adviser now about your timing.
Where to check
This guide is based on the Home Office's 'A Fairer Pathway to Settlement: Government Response to the Consultation' (CP 1707, 2 November 2026) and the GOV.UK announcement of the same date. Rules may change before implementation. Always check gov.uk/indefinite-leave-to-remain, and for advice on your own case use an adviser regulated by the OISC or a solicitor regulated by the SRA — our directory lists immigration specialists who speak Hindi, Punjabi, Gujarati, Urdu and Bengali.
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