ILR New Rules for Skilled Worker Visa 2026

What is changing for Skilled Worker ILR?

The UK government has announced significant reforms to the settlement system through its Immigration White Paper. For Skilled Worker visa holders, these new rules represent the most substantial change to the path toward indefinite leave to remain in decades. If you are currently on a Skilled Worker visa or planning to apply for one, understanding these changes is essential.

Under the current system, Skilled Worker visa holders can apply for indefinite leave to remain after completing 5 years of continuous residence in the UK. The new rules propose replacing this fixed qualifying period with a points-based earned settlement system, where the length of time you must wait depends on a combination of factors including salary, qualifications, and other contributions.

The key changes being proposed for Skilled Worker indefinite leave to remain are:

• The qualifying period may increase from 5 years to between 3 and 10 years, depending on points earned.
• Salary level becomes a more significant factor in determining how quickly you can settle.
• UK qualifications, shortage occupation status, and English language proficiency will influence your timeline.
• Transitional arrangements are planned to protect some existing visa holders from the new rules.

It is important to note that these new rules are not yet fully finalised. The proposals are subject to parliamentary approval, consultation, and secondary legislation. Dates and specific criteria may change before implementation. For a full overview of the earned settlement system and how it applies across all visa categories, see our guide to earned settlement changes.

The earned settlement system explained

The earned settlement system is the UK government's proposed replacement for the current automatic indefinite leave to remain pathway. Rather than qualifying after a fixed period, you accumulate points throughout your time in the UK. The more points you earn, the faster you can apply for indefinite leave to remain.

Points are expected to be awarded for the following factors:

• Salary level: Higher earners receive more points. Those on significantly above-threshold salaries may qualify for indefinite leave to remain faster than those on the minimum salary for their role.
• English language proficiency: Demonstrating higher levels of English language ability, such as B2 or above under the CEFR framework, may award additional points.
• UK qualifications: Holding a UK degree or postgraduate qualification, particularly a UK-awarded PhD, is expected to contribute positively to your points score.
• Shortage occupation: Working in an occupation listed as a shortage on the Home Office shortage occupation list may accelerate your qualifying period.
• Community contributions: Voluntary work or other demonstrated community involvement may contribute points under the proposed framework.

The proposed range under earned settlement is:

• 3 to 5 years for those who score highly on the points criteria
• Up to 10 years for those who score at the lower end

Use our Earned Settlement Calculator to estimate where you might fall under the proposed new system based on your current circumstances.

How the new rules affect your ILR timeline

The most direct impact of the new rules on Skilled Worker visa holders is the potential change to the qualifying period for indefinite leave to remain. The following table summarises the key differences between the old and new systems.

Factors that could speed up your indefinite leave to remain timeline

• Salary significantly above the threshold for your occupation code
• Holding a UK-awarded PhD or postgraduate qualification
• Working in a recognised shortage occupation
• Demonstrating English language proficiency at B2 level or above
• Community contributions and voluntary work

Factors that could slow down your indefinite leave to remain timeline

• Salary at or close to the minimum threshold for your SOC code
• No UK qualifications
• Working in a non-shortage occupation
• English language at the minimum required level only

The exact point thresholds and qualifying period bands have not been confirmed at the time of writing. Monitor GOV.UK immigration legislation updates and check our earned settlement changes guide for the latest confirmed details.

Transitional arrangements: are existing visa holders affected?

This is the question most Skilled Worker visa holders are asking: do the new rules apply to me, or am I protected by transitional arrangements?

The UK government has indicated that transitional arrangements will be put in place for people who are already on Skilled Worker visas at the point when the new rules take effect. The principle is that people who made decisions about coming to the UK under one set of rules should not have the goalposts moved significantly once they are already here.

Based on the information available at the time of writing:

• Visa holders who entered the UK before the implementation date are likely to be able to apply for indefinite leave to remain under the current 5-year rule, provided they meet the existing requirements at the point of their application.
• Visa holders who enter after the implementation date will be subject to the new earned settlement system from the start of their time on the Skilled Worker visa.
• The exact cut-off dates have not yet been confirmed. The government is still working through the legislative process. Parliamentary approval is required before the new rules can be formally implemented.

There is also a question about people who are mid-qualifying-period when the new rules take effect. For example, if you entered the UK in 2023 and the new rules take effect in April 2026, you would be approximately 3 years into your qualifying period. Whether the new rules apply to you from that point, or whether you continue under the old rules, will depend on the specific transitional provisions in the legislation.

Use our ILR Reform Checker to see which rules are most likely to apply to you based on your visa grant date and current circumstances.

What about the salary requirement?

Under both the current rules and the proposed new rules, salary plays a central role in your indefinite leave to remain application. However, the way salary is used differs between the two systems.

Salary under the current rules

Under the current system, your salary must meet the going rate for your Standard Occupational Classification (SOC) code at the time of your indefinite leave to remain application. This is a binary check: either your salary meets the threshold or it does not. The general salary threshold for Skilled Worker visas was raised to £38,700 in April 2024, though transitional protections apply for visa holders who were granted their visa before that date.

Salary under the new earned settlement rules

Under the proposed earned settlement system, salary becomes a more nuanced factor. Rather than a simple pass or fail, your salary level determines how many points you earn, which in turn affects how quickly you can apply for indefinite leave to remain. Higher earners are expected to accumulate more settlement points and therefore reach the qualifying threshold faster than those on minimum salary levels.

The specific salary tiers and corresponding point values have not been confirmed at the time of writing. The government is expected to publish detailed guidance as part of the implementation process.

For a full breakdown of the current salary requirements for Skilled Worker indefinite leave to remain, including SOC codes, going rates, and transitional provisions, see our ILR salary requirement guide.

The 180-day absence rule: does it change?

One of the most common questions from Skilled Worker visa holders is whether the 180-day absence rule is changing under the new indefinite leave to remain rules. The answer, based on current proposals, is no.

The core absence rule, which states that you must not be absent from the UK for more than 180 days in any rolling 12-month period during your qualifying period, is expected to remain in place under the new earned settlement system. Even if your qualifying period changes from 5 years to a different length under the new rules, the absence calculation works the same way: every possible 12-month window across your qualifying period is assessed, and none can contain more than 180 days of absence.

This means that regardless of which rules apply to you, including whether you are under transitional arrangements or the new system, you should continue tracking your absences carefully throughout your entire qualifying period. A breach of the absence rule remains one of the most common reasons for indefinite leave to remain applications to be refused.

For a full explanation of how the absence rule works, including counting methods, rolling windows, late entry gaps, and exceptional circumstances, see our guide to ILR absence rules. You can also use our ILR Absence Calculator to check every rolling window across your qualifying period instantly.

What should Skilled Worker visa holders do now?

Given the uncertainty around the new rules, the most important thing Skilled Worker visa holders can do is prepare proactively. Here are the concrete steps to take now.

1. Check whether the new rules apply to you

Use our ILR Reform Checker to assess your situation based on your visa grant date, entry date, and current qualifying period progress. The tool will indicate whether you are likely to be protected by transitional arrangements or subject to the new earned settlement system.

2. Calculate your timeline under the new system

Even if you think you will be protected by transitional arrangements, it is worth understanding what your timeline would look like under the new rules. Use our Earned Settlement Calculator to estimate your points score and projected qualifying period under the proposed system.

3. Apply as soon as you are eligible under the current rules

If you are approaching the 5-year mark and are eligible under the current rules, apply as soon as you can. There is no benefit to waiting, and applying before the new rules take effect removes the risk of being caught by transitional uncertainties. You can submit your indefinite leave to remain application up to 28 days before you complete the 5-year qualifying period.

4. Continue tracking your absences

The 180-day absence rule is not changing. Continue logging every trip abroad from the first day of your qualifying period. Use our ILR Absence Calculator to stay on top of your absence status across all rolling windows.

5. Keep salary documentation up to date

Under both the current and proposed rules, salary is a key requirement for indefinite leave to remain. Keep all payslips and P60 certificates organised throughout your qualifying period. If your salary has not kept pace with threshold increases, raise this with your employer well before your application date.

6. Monitor official announcements

Follow the Home Office on GOV.UK for official implementation dates, secondary legislation, and detailed guidance on the new rules. ILR Tracker will also update its guides and tools as new information becomes available.

7. Consider whether to apply before the new rules take effect

If you are close to qualifying under the current 5-year rule and the new implementation date is approaching, prioritise getting your application in under the existing system. Consult an immigration adviser if you are unsure about your eligibility or the transitional provisions that may apply to your specific situation.

Timeline of ILR rule changes

The following timeline covers the key milestones in the UK government's proposed reforms to indefinite leave to remain. All dates are approximate and subject to change through the parliamentary process.

• December 2024: Immigration White Paper published, setting out the government's proposals for earned settlement and new qualifying periods for indefinite leave to remain.
• April 2025: Salary threshold for Skilled Worker visas increased to £38,700 for new applicants, with transitional protections for existing visa holders already in place.
• 2025 to 2026: Public consultation on the earned settlement framework, including the points criteria, qualifying period bands, and transitional arrangements for existing visa holders.
• April 2026 (expected): Planned implementation of the new earned settlement system, subject to parliamentary approval and secondary legislation. This date may change.

These dates are based on the government's stated intentions at the time of writing. The parliamentary process, consultations, and any political changes can affect both the timing and the content of the final rules. Always check the latest official guidance from the Home Office for confirmed dates and requirements.

How ILR Tracker helps with the new rules

The new indefinite leave to remain rules introduce more complexity and uncertainty into the settlement journey for Skilled Worker visa holders. ILR Tracker is being updated to reflect the new system and help you navigate both the current rules and the proposed changes.

ILR Reform Checker

Our ILR Reform Checker analyses your visa grant date, entry date, and current qualifying period to assess whether the new rules are likely to apply to you or whether transitional arrangements may protect you. It provides a clear summary of your situation and recommended next steps.

Earned Settlement Calculator

The Earned Settlement Calculator estimates your likely points score under the proposed new system based on your salary, qualifications, English language level, occupation type, and other factors. It then projects how this translates into a qualifying period under the proposed band system.

Regular guide updates

ILR Tracker publishes guides covering every aspect of the indefinite leave to remain journey, including the new rules. We update our guides as soon as new official information is published. Bookmark this guide and check back for updates as the earned settlement framework is confirmed.

If you want to track your absences, check your eligibility, and plan your indefinite leave to remain application all in one place, our free tools are a good starting point:

• ILR Reform Checker to find out whether the new rules apply to you.
• Earned Settlement Calculator to estimate your timeline under the proposed new system.
• ILR Absence Calculator to track your absences and check every rolling 12-month window.
• ILR Eligibility Calculator to find your earliest application date under the current rules.