New UK ILR rules for 2026 and who can still settle in 5 years

Eligible Skilled Workers can still apply for indefinite leave to remain (ILR) after five qualifying years under the rules in force on 2 November 2026. Shabana Mahmood has announced that ten years will become the usual wait under the government’s new earned settlement policy. There is no general start date yet. Current Skilled Worker rule SW 21.1 · Home Office decision and next steps

Some workers already in Britain will keep a five-year pathway. They include people with the required earnings history, workers in specified health and education jobs, and eligible care workers who joined the route before 12 May 2025. Others, including some people in degree-level jobs, could have to wait ten years. Home Secretary’s announcement · Care-worker cut-off

For an existing worker, the first question is when do I qualify under the rules in force? The second is which route would I qualify for if the new system applies to me? Your occupation, earnings history, visa start date and sometimes your family circumstances can change the answer. If you have already been granted indefinite leave to remain (ILR), these reforms do not take it away. Government response of 2 November

Who qualifies for ILR after 3, 5, 10 or 20 years?

The Home Office’s published figures are annual earnings. The number of years above a threshold matters as much as the amount. These are the announced pathways for people on eligible visas, subject to the other settlement requirements.

The £12,571 figure is a settlement contribution test. A Skilled Worker may need a considerably higher salary to meet the conditions of their sponsored job. The Home Office gives the qualifying periods and earnings windows in Table 1 of the government response. Refugees have a separate set of routes, explained below.

When do the new ILR rules start and can I still apply after five years?

As at 2 November 2026, paragraph SW 21.1 still says five continuous years. Applicants must also satisfy the other rules, including qualifying immigration permission, continuity of residence, suitability and applicable sponsorship and pay conditions. GOV.UK says the earliest a Skilled Worker can usually apply is 28 days before completing the qualifying period. Applying earlier can lead to refusal. Current eligibility and application window · Appendix Skilled Worker

If your five-year anniversary is approaching, write down your first qualifying visa date, your earliest possible application date and your current visa expiry. These can be three different dates. If your permission expires before you qualify, assess an extension or another valid route before expiry. Today’s announcement does not extend anyone’s visa. Check which periods count · Skilled Worker visa guidance

I already applied for ILR. Which rules will decide my application?

The Home Office says that, unless transitional provisions say otherwise, applications are ordinarily considered under the rules in force when a decision is made. Its response says detailed guidance will follow. It has not given a general promise that every pending application will be protected by its submission date. If you already have an application pending, check any new Statement of Changes for its start date and wording about applications made before that date. Government response, chapter 8 · Official Statements of Changes

Which dates actually matter?

• 12 May 2025 was the White Paper publication date. It is the cut-off used for particular care, health and education protections. It is not a general cut-off protecting everyone who arrived earlier. Immigration White Paper
• 2 November 2026 is the date the Home Office published its final policy. The consultation is over. Its outcome still has to be translated into detailed Immigration Rules. Consultation outcome and next steps
• 1 February 2027 is the announced start of extra time for certain care workers whose sponsor loses its licence. 26 March 2027 is the separate, already specified start date for B2 speaking and listening in Skilled Worker settlement applications, unless exempt. Neither is a confirmed general start date for ten-year ILR. Care worker arrangements · Rule SW 22A.1

What happens to Skilled Workers already in the UK?

There is no general five-year guarantee for everyone who came to the UK before May 2025 or who already has a five-year visa. Equally, ten years means a total qualifying period. The policy does not announce a universal restart on 2 November. Count the time on each qualifying route and check whether the government has provided a specific protection for your occupation. Government response, chapters 4 and 8

Does an RQF Level 6 job qualify for ILR after five years?

An RQF Level 6 job alone does not qualify you for five-year settlement. RQF describes the level of the job. For an engineer, IT professional or manager in a private-sector role, the five-year earnings test may be what matters. Someone below RQF Level 6 can also qualify sooner if they meet a faster route. The government has specifically dropped the proposed 15-year wait for below-degree-level occupations. Home Office decision on below-RQF-6 roles

Two workers in the same occupation can have different settlement dates

Suppose two software engineers started qualifying Skilled Worker residence in November 2023 and remain continuously sponsored. Both work for private employers. Neither has a separate exception. These examples illustrate the announced policy, assuming it applies when they seek settlement and they meet all other requirements.

• Engineer A earns £45,000 throughout. The standard ten-year route points to November 2033.
• Engineer B earns £52,000 in three of the five years before applying. The higher-earner route could point to November 2028. If the salary only rises to £52,000 in the fifth year, that single year is insufficient.

The £50,271 test determines whether earnings can shorten the wait for ILR. The salary required for sponsorship or a visa extension is a separate calculation involving the occupation and, where applicable, its going rate. Earning enough to extend a visa does not automatically shorten the settlement period. Home Office earnings tests · Current sponsorship and pay rules

I was sponsored before April 2024. Can I extend under the old salary terms?

The government says eligible workers in the pre-April 2024, below-RQF-6 group who rely on the earlier salary arrangements will be able to extend on those terms until 2035, beyond the previous 2030 deadline. This is an extension protection for a defined group. By itself, it does not give the worker five-year ILR. Government response, pre-April 2024 cohort

Which care workers can still get ILR after five years?

The government will preserve a five-year pathway for eligible adult social care workers who entered or switched into the care route before 12 May 2025. They must meet the applicable £25,000 a year salary requirement, hold genuine sponsored employment and meet the visa and strengthened settlement requirements. The date they joined the care route is crucial. Care worker transitional protection

Consider two carers living on the same street. One entered the care route in April 2025. The other arrived in the UK as a student in 2023 and switched into care in June 2025. The first can fall within the five-year protection. The second generally starts on the ten-year pathway even though they lived in Britain first. Check the dates on the grant letters as well as the date of arrival. Home Office examples for existing and switching care workers

What if my care sponsor lost its licence or did not give me the hours promised?

The Home Office says eligible workers in the protected cohort who cannot settle at five years may apply for another five-year Health and Care visa for genuine work in the sector. It also announced that, from 1 February 2027, care workers who lose employment because their sponsor’s licence was revoked will have up to 120 days to secure a job offer and a further 60 days to resolve their visa and employment position. The 120-day job-offer deadline matters. Someone already facing cancellation should check the date on their own Home Office notice. Home Office arrangements for care workers who lose sponsorship

Which NHS, health, education and social work jobs qualify?

The permanent five-year public-service route covers five years in specified occupations on national pay scales. Annex C lists doctors, registered nurses, midwives, pharmacists, physiotherapists, radiographers, paramedics, social workers and specified teaching roles, among others. Someone in a listed job can qualify on that basis even if they earn less than £50,271. A hospital job title or NHS workplace alone does not establish eligibility. Check the sponsored occupation against the list. Full official occupation list, Annex C

There is a narrower, one-off arrangement for certain below-RQF-6 health and education workers on national pay scales. The Home Office gives nursing auxiliaries and teaching assistants as examples. Eligible workers who came before publication of the May 2025 White Paper and meet their visa conditions can retain five years. Later arrivals generally start at ten, with scope to qualify sooner if they meet another pathway. Public-service transitional arrangements

What happens to a spouse, dependant partner or child?

A dependant partner who arrived with the main applicant can settle at the same time if both meet the relevant conditions. A partner who joined later must build the same qualifying period of residence. For example, if the worker started in 2023 and their partner joined in 2025, the partner cannot simply count the two years before they arrived. Check each person’s grant dates before planning a joint application. Home Office rules announced for families

Can a spouse who stays home to care for children qualify?

Eligible couples can use £25,142 in combined annual earnings to meet the minimum contribution requirement. One partner can earn the whole amount. For example, a worker earning £32,000 and a partner caring for their children could meet that amount from one income. This household option addresses the minimum contribution test. It does not turn two salaries into one personal £50,271 income for the accelerated earnings route. The relevant residence and other requirements still apply. Home Office household-income explanation

What if my child turns 18 or 25 before we settle?

• Under 18. Children can generally settle with their parents. They are exempt from the income, government debt, English and Life in the UK requirements. Suitability rules still apply.
• Aged 18 to 24. A young adult who retains child-dependant status can settle with the family and is exempt from the individual earnings test. Other adult requirements apply.
• Aged 25 or over. A person who reaches 25 by the time their family qualifies will generally need an independent route. This is particularly important where a parent’s expected wait increases from five years to ten. Home Office policy for child dependants

What if my partner is British or settled?

The announced five-year route for a recognised British connection includes eligible partners, parents and children of British citizens, as well as eligible Commonwealth citizens on the UK Ancestry route. A person whose sponsor has ILR but is not British should not assume that the same exception applies. The government places family applicants without a British sponsor among those who may face ten years, depending on their own route. Existing family and private-life routes, including Article 8 cases, need a separate check. British connections · Eligible immigration routes · Home Office analysis of family routes

Will time on a Student or Graduate visa count towards ILR?

Under the rules in force today, eligible Student and Graduate time can count towards the separate ten-year Long Residence route, subject to its requirements. It does not normally count towards five-year Skilled Worker ILR. Under the announced policy, the government intends to close Long Residence and exclude time on temporary routes such as Student and Graduate from the new qualifying period. Current Appendix Long Residence · Announced changes to Long Residence

For example, a person who held a Student visa for four years, a Graduate visa for two and a Skilled Worker visa for four might have ten years to assess under today’s Long Residence rules. Under the announced system, they could have four qualifying work-route years on those facts. Someone approaching ten years should check their immigration history, continuity and any future transitional wording. The government has not promised blanket protection for everyone close to the old milestone. Current Long Residence guidance · Graduate visa and ILR explained

Do these changes affect refugees, Hong Kong BN(O) holders or EU settled status?

Refugees have a separate framework. A Skilled Worker salary table will not give a refugee the correct answer. The Home Office distinguishes how the person entered, the type of protection granted and whether they move into sustained work, education or training. Government response, refugee pathways

• Designated safe resettlement or sponsorship routes generally provide a five-year pathway. Under the UK Resettlement Scheme, the government specifies A2 English and an exemption from the present Life in the UK test until a suitable A2 test exists.
• Core Protection generally means 20 years. Under Protection Work and Study, the qualifying period is 10 years on that route. Moving into work does not automatically turn earlier years on Core Protection into years on the shorter route. The response says further detail is needed for people already granted protection.
• Where the additional illegal-entry period applies, it adds 10 years. That can mean 20 years on the work or study pathway or 30 years on Core Protection. There is a safeguard for refugees protected by Article 31 of the Refugee Convention. Protection and the illegal-entry safeguard

EU Settlement Scheme applications remain outside earned settlement. Eligible Hong Kong BN(O) holders retain a five-year route. Eligible Armed Forces personnel retain their service-based arrangements. Separate protections also continue for eligible bereaved partners and victims of domestic abuse. The government says existing grants of settled status will be unaffected by this reform. Protected and separate routes · Home Office announcement

What could delay or prevent settlement?

English and the Life in the UK Test. Most adult applicants will need B2 English and a Life in the UK Test pass. Exceptions include age and qualifying health conditions. For Skilled Worker settlement, the published rule already specifies B2 speaking and listening for applications made on or after 26 March 2027, unless exempt. C1 English will not reduce the wait. Voluntary work will not shorten it either. English requirement SW 22A.1 · Home Office English and integration policy

Criminal records. Under the announced model, a UK criminal record in adulthood will result in refusal. The paper includes court-imposed fines and conditional cautions as well as convictions that lead to prison. Overseas convictions are assessed by reference to whether the underlying conduct would be a UK offence, with discretion for differences between legal systems. If you are unsure about an incident, obtain its precise disposal before drawing conclusions. Home Office criminality policy

Government debt. Outstanding NHS charges, tax or National Insurance debt and litigation debt owed to the Home Office are examples covered by the policy. Receiving NHS treatment and owing an unpaid NHS charge are different things. If you have been sent an invoice, establish what it relates to and keep evidence of any correction or payment. Government debt requirement

Public funds and immigration breaches. For the three-, five- and ten-year pathways, the government generally expects five continuous years immediately before application without specified public funds. The detailed list and safeguards still have to be settled. A qualifying immigration breach committed as an adult, such as overstaying, deception or breaching visa conditions, can put someone on a 20-year pathway. Check the exact benefit or immigration decision before assuming it counts. Home Office public funds policy · Official public funds guidance · Immigration breaches

What if I took maternity leave, worked part-time or had a pay cut?

Under the announced earnings tests, some lower-income years are permitted. For the five-year earnings route, £50,271 in three of the previous five years could suffice even if earnings were lower in the other two. For the standard ten-year route, the detailed test is five qualifying years in the last seven. Keep a year-by-year record, including periods of parental leave, rather than relying on your latest payslip. Exemptions from the minimum-income requirement include children, people aged 65 or over and some people unable to meet it because of a physical or mental condition. Home Office earnings windows and exemptions

What should I check before my visa expires?

1. Build a dated visa history for each family member. Record your first visa, each switch, current expiry and periods abroad. Highlight when you joined the route you rely on. A first arrival as a student and a later grant as a care worker answer different questions.
2. Work out your earliest date under the current rules. Check qualifying residence, absences, sponsor confirmation and applicable salary. For Skilled Workers, absences are generally limited to 180 days in any rolling 12 months, subject to exceptions. Continuous residence rules
3. Read your Certificate of Sponsorship alongside your contract. Record the occupation code, duties, salary and sponsor. If relying on a public-service pathway, check the occupation list and pay scale.
4. Reconstruct earnings by year. P60s, payslips and HMRC employment records can help identify whether you meet the relevant annual threshold often enough. Note leave, changes of employer and part-time work. This is a planning checklist. The Home Office has yet to specify the full evidence for the new system.
5. Separate the visa expiry from the ILR date. If the visa ends first, assess an extension in time. If an application is pending, your sponsor has lost its licence, or you are close to ten years on mixed visas, get advice on the dates and evidence specific to you. Current Skilled Worker settlement guidance

Other questions about the November 2026 ILR announcement

Will my five-year Skilled Worker visa be cancelled?

The announcement does not cancel a valid visa because the proposed settlement date is later. Your existing work, sponsorship and expiry conditions continue to matter. If you need more time before settlement, you must qualify for further permission. Home Office announcement

Will extra shifts, bonuses or a new contract get me five-year ILR?

A contract showing a higher salary now does not establish three qualifying earnings years. The policy gives annual thresholds and look-back periods. Detailed guidance on eligible earnings and evidence is still to come. Keep records of what you actually earned and check that any additional work is permitted by your visa. Home Office earnings framework · Skilled Worker conditions

Will higher earnings or a British degree excuse an immigration breach?

The framework gives specified adult immigration breaches a 20-year pathway even where the applicant earns enough for an accelerated route. A British degree may be relevant to evidence of English under applicable rules, but it does not itself earn a shorter settlement period. Home Office policy on breaches · Eligibility for the shorter routes

Will it take longer to get British citizenship?

For someone who must wait longer for ILR, the earliest possible citizenship application can also move back. Naturalisation has separate requirements. Usually, an applicant relying on ILR must have held it for 12 months before applying for citizenship. The 12-month wait generally does not apply to someone married to a British citizen who otherwise qualifies. GOV.UK citizenship eligibility

Get advice on your own ILR date

If you are approaching five years, give UK Immigration Solicitors your current visa route and expiry, the date you first held qualifying permission, your occupation code, your earnings by year and any dependant’s arrival date. Those details help our team assess whether you can apply under the current rules, whether you may need an extension, and which part of the announcement matters to your family. Speak to our immigration team or call 020 3384 4389. Read about our indefinite leave to remain service.

Legally reviewed by Haq Nawaz
15+ years of immigration law experience
Last legally reviewed – 02 November 2026