Published: 4 November 2026 | Category: Immigration News | Reading time: ~8 mins
Under the earned settlement model announced on 2 November 2026, most Skilled Workers will need 10 years in the UK before applying for indefinite leave to remain (ILR). Those earning at least £50,271 can still settle after five years, and the highest earners after three. The Home Office set out the decision in its news release and the full government response.
The new rules are not yet law, and the Home Office says settlement rules apply at the point of application. For many Skilled Workers close to five years, when you apply now matters as much as how much you earn. This guide explains which route you are likely to be on and what to do before the rules change. For the wider reforms, see our earned settlement overview.
Key points at a glance
- 10 years is the new default route to ILR for Skilled Workers.
- 5 years if you earn £50,271 or more in three of the last five years, or work in an eligible public service job such as a doctor, nurse or teacher.
- 3 years if you earn £125,141 or more in three of the last four years.
- The proposed 15-year route for jobs below degree level has been dropped.
- Four new conditions apply to everyone: a clean criminal record, B2 English, no debt to the taxpayer and sustained National Insurance contributions.
- No start date has been set. Until the Immigration Rules change, the current five-year route still applies.
Which settlement route will Skilled Workers be on?
Your route to ILR will depend mainly on your earnings, not on your visa type: the more you earn, the sooner you can settle. The government response sets three main routes for Skilled Workers:
| Route to ILR | Earnings test | Estimated Skilled Workers (2026–2030) |
|---|---|---|
| 3 years | £125,141+ in three of the last four years | 27,000 |
| 5 years | £50,271+ in three of the last five years, or five years in an eligible public service job | 86,000 |
| 10 years (default) | £12,571+ in five of the last seven years | 146,000 |
The £50,271 and £125,141 figures match the higher-rate and additional-rate income tax thresholds. A “best years” approach means a gap in earnings, such as maternity leave, illness or caring, does not automatically put you on a longer route.
Worked examples: which route are you on?
These examples show how the new earnings tests would apply to typical Skilled Workers once the rules are in force. They are illustrations only; the final rules will confirm how earnings are measured.
| Skilled Worker | Likely route |
|---|---|
| Software engineer earning £62,000 for the last four years | 5 years |
| Accountant earning £45,000 a year | 10 years, unless pay rises above £50,271 for three years |
| NHS nurse paid on the national pay scale | 5 years (public service route) |
| Senior director earning £140,000 for three of the last four years | 3 years |
| Worker sponsored before April 2024 in a role below degree level | 10 years; can keep extending on current terms until 2035 |
| Care worker on the route before May 2025 earning £25,000+ | 5 years (separate protection; see our care worker ILR guide) |
The four new conditions every Skilled Worker must meet
Whatever route you are on, you will need to meet four “non-negotiable” conditions before you can settle. The Home Office listed them as:
- A clean criminal record. This replaces the current, more lenient threshold, under which some sentences did not stop settlement.
- English to a high standard, equivalent to A-level English as a foreign language (B2). B2 is already required for ILR applications made on or after 26 March 2027.
- No debt owed to the taxpayer, including unpaid NHS charges and tax.
- A record of sustained National Insurance contributions.
The Life in the UK test remains a requirement. Children, people aged 65 or over and people whose physical or mental condition prevents them from meeting a requirement keep the existing exemptions.
What about Skilled Workers below degree level?
Skilled Workers in jobs below degree level (RQF 6) will no longer face the 15-year route proposed in 2025; they move to the 10-year route like everyone else. They can still settle sooner if they earn £50,271 or more.
Workers who were sponsored before the April 2024 salary increases also get extra protection. The government response says they can extend their visas on their current terms until 2035, replacing the earlier cut-off of 2030.
What happens to my partner and children?
A partner who came to the UK with you can settle at the same time as you if they meet the requirements, but a partner who joined later must complete the same qualifying period themselves. Couples can combine their earnings to reach a household threshold of £25,142.
Children under 18 can settle with their parents and are exempt from the income, debt, English and Life in the UK requirements. Young adults aged 18 to 24 who keep child-dependant status can also settle with the family. A dependant who reaches 25 before the family settles must qualify on their own or move to another route.
Should Skilled Workers apply for ILR now?
If you already qualify for ILR under the current five-year rules, you should usually apply as soon as you are eligible rather than wait. The Home Office says settlement rules apply at the point of application, and no start date for the new rules has been announced. New Immigration Rules are published in the statement of changes collection on GOV.UK.
Applying early does not help if you have not yet completed five years: you must meet the current requirements on the date you apply. A practical checklist:
- Work out your five-year date from your first grant of permission on a qualifying route.
- Check your absences against the continuous residence rules.
- Check your salary meets the current ILR salary requirement for your occupation.
- Pass the Life in the UK test now, so it does not delay your application.
- Book an English test. Applications on or after 26 March 2027 need B2.
- If you are not yet at five years, work out whether your earnings put you on the 5-year route under the new model, and keep payslips and P60s for every year.
Our Skilled Worker visa to ILR guide explains the current application process step by step.
What employers should do
Employers should identify sponsored workers approaching five years and support eligible staff to apply under the current rules, because a 10-year route could affect retention. Where a worker is close to the £50,271 threshold, pay decisions may now affect how soon they can settle. Sponsors must still meet their duties under the Skilled Worker visa rules throughout.
How Adam Bernard Solicitors can help
Our immigration solicitors help Skilled Workers and their employers plan and submit ILR applications as the settlement rules change. We are regulated by the Solicitors Regulation Authority and work from our offices in High Holborn and Upton Park, and by video call.
We can:
- confirm whether you can apply for ILR under the current rules, and when;
- work out which route you are likely to be on under earned settlement;
- prepare your settlement application and your family’s; and
- support Skilled Worker visa extensions while you build up qualifying time.
Speak to our immigration solicitors on 0207 100 2525 or contact us online.
This article is for informational purposes only and does not constitute legal advice. It reflects government policy published on 2 November 2026. The Immigration Rules have not yet changed, and the final rules may differ.
