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Skilled Worker Visa

Indefinite Leave to Remain After 5 Years on a Skilled Worker Visa (2026 Update)

9 min readAbdul Basit Jabbar
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ILR After 5 Years on a Skilled Worker Visa: 2026 Requirements and Costs You may qualify for Indefinite Leave to Remain (ILR) after five years of qualifying residence, but reaching…

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ILR After 5 Years on a Skilled Worker Visa: 2026 Requirements and Costs

You may qualify for Indefinite Leave to Remain (ILR) after five years of qualifying residence, but reaching the anniversary is only one requirement. Your immigration history, absences, sponsor, salary and Life in the UK Test also need checking.

Start with permission dates, travel and employment records. Check eligibility before paying the application fee or assuming your family can settle with you.

This guide explains ILR after a Skilled Worker Visa. For earlier visa stages, see our Skilled Worker Visa service.

What is Indefinite Leave to Remain?

Indefinite Leave to Remain means permission to stay in the UK without a time limit. It is also called settlement.

Once granted, you can generally work for any employer, become self-employed and study without Skilled Worker sponsorship restrictions. You no longer need visa extensions or the Immigration Health Surcharge.

ILR is not British citizenship. It can lapse after prolonged absence and can be revoked in specified circumstances. Access to benefits depends on the relevant eligibility rules.

Who can apply for ILR after a Skilled Worker Visa?

Under the current Appendix Skilled Worker, applicants need qualifying permission and five years of continuous residence.

Your most recent permission must be Skilled Worker permission, which includes the former Tier 2 (General) route. You must apply from inside the UK and meet validity, suitability and settlement requirements.

The sponsor from your most recent permission must remain approved at the decision date. It must confirm continued employment and the required salary for the foreseeable future.

A five-year work history alone does not establish eligibility. Earlier visa categories, overstaying, criminality or incorrect information can change the assessment.

Which time counts towards the five years?

The qualifying period can combine eligible routes. These include Skilled Worker, Tier 2 (General), Global Talent, Innovator Founder, Scale-up and certain other work or business routes.

Time as a dependant does not count towards the worker’s five-year period. Student and Graduate permission normally do not count towards this route either.

A specific concession can cover permission while waiting for a successful sponsored application made between 24 January 2020 and 30 June 2021. Its conditions need checking.

Use decision letters and permission records rather than calculating solely from your first payslip. Time between qualifying entry clearance being granted and arrival can count, but also counts as absence.

Changing employers does not automatically restart the five years. Maintaining qualifying permission and complying with work conditions remain essential.

Absences and continuous residence

You normally must not spend more than 180 days outside the UK in any 12-month period. This is a rolling assessment, not simply a calendar-year allowance.

List every departure and return, destination and reason. Count whole days abroad. Check passports, travel bookings and employer records together. Missing passport stamps do not prove there was no absence.

Business trips and employer-approved holidays generally count. Sponsor approval alone does not exempt an absence.

Appendix Continuous Residence contains exceptions, including qualifying travel disruption, compelling compassionate circumstances and specified research activity. The reason and supporting evidence matter.

If an absence exceeds the limit, obtain advice before assuming you must restart or that a short explanation will resolve it. Older permission periods can have different calculation provisions.

The 2026 salary requirement

The usual ILR salary requirement is at least £41,700 and the applicable going rate for the occupation code. Meeting one figure is insufficient.

For example, £43,000 does not meet the usual requirement if your occupation’s going rate is £46,000.

Different settlement provisions can apply:

CircumstancesGeneral annual salary floor
General Skilled Worker provision£41,700
Qualifying recent Immigration Salary List sponsorship£33,400
Qualifying protected workers or specified healthcare roles£31,300
Qualifying listed health, education or protected shortage provisions£25,000

Each row also requires the relevant going rate and its specific conditions. The table is an overview, not a method for choosing the lowest figure.

Protected arrangements depend on immigration history and relevant dates, including pre-4 April 2024 grants and continuous permission. Older specified Tier 2 occupations have further provisions.

The previous Shortage Occupation terminology should not replace checking current settlement rules. Health and Care Worker applicants do not all share one universal settlement salary minimum.

New entrant and PhD discounts available for temporary permission do not carry over as general settlement discounts.

Check working hours, qualifying basic pay and deductions. Extra jobs, bonuses or promised overtime cannot automatically fill a salary gap. Approved maternity or other specified leave can involve return-to-work salary provisions.

See the official settlement salary guidance.

What must your employer confirm?

Your sponsor must confirm that it still needs you to work for it for the foreseeable future and that your pay meets the applicable settlement requirement.

A verifiable employment letter or email can provide this confirmation. A new Certificate of Sponsorship is not required simply for ILR.

Check the employer’s legal name, occupation code, salary and hours against your records. A recent salary increase should be credible and supported, particularly where earlier payslips show lower pay.

You do not need to have earned today’s settlement threshold throughout all five years. However, previous compliance with your visa conditions still matters.

Report important employment changes while the application is pending.

Documents you need

Prepare evidence showing how you meet the requirements:

EvidenceWhat to check
Passport and immigration recordsIdentity, permission dates and qualifying routes
eVisa and UKVI account detailsCurrent status and access
Sponsor confirmationContinued need, salary, hours and employer details
Recent payslip and bank statementActual pay and corresponding payment
Travel records or lettersAbsence dates, reasons and relevant exceptions
Life in the UK Test referenceSuccessful result, unless exempt
English evidence, where requiredApplicable level and accepted evidence
Family documentsSeparate partner or child eligibility

Keep any historic Biometric Residence Permit (BRP) that helps explain your records, but do not treat an expired card as proof of current permission.

Five years of payslips are not a universal requirement. Current caseworker guidance ordinarily requests the most recent month’s pay evidence, dated no earlier than 31 days before applying, while permitting further checks.

Supply required translations for documents not in English or Welsh. Explain discrepancies rather than changing dates to make records appear consistent.

Life in the UK Test

Applicants aged 18 to 64 normally need to pass the Life in the UK Test, unless an exemption applies.

The test has 24 questions, lasts 45 minutes and requires at least 75 percent to pass. It costs £50.

Use the official booking service. Follow its current identity instructions and bring the required original ID.

A successful result does not expire. Keep the digital reference or accepted older result record. Disability-based exemptions need appropriate evidence; difficulty passing does not itself establish exemption.

English language requirement

For Skilled Worker settlement applications before 26 March 2027, applicants normally do not need to prove English again because it was established for their visa.

Do not automatically book a new B1 SELT certificate. Check your previous evidence, whether it met the relevant requirement and any genuine exemption.

For applications on or after 26 March 2027, the current Rules require B2 speaking and listening unless exempt. Previous B1 evidence does not, by itself, establish B2.

Accepted evidence can include an approved test, qualifying nationality or degree taught in English. Overseas degrees may require Ecctis confirmation.

The application date matters. Check the Rules before relying on older guidance or an existing English test certificate.

When to apply

You can normally apply up to 28 days before completing the qualifying five years. Calculate the date carefully from your actual permission history and relevant residence provisions.

Applying too early can result in refusal. Do not assume the employment start date is always the correct starting point.

Check visa expiry separately. If permission expires before you can make a qualifying settlement application, an extension may be needed first.

Starting an online form is not the same as submitting an application. Record submission, payment and identity deadlines.

Application process

Step 1: Check eligibility

Confirm qualifying residence, absences, sponsorship, salary, suitability and test requirements. Assess dependants separately.

Step 2: Apply online

Use the specified SET(O) application through GOV.UK. Complete the immigration history accurately and pay the correct fee.

Step 3: Biometrics appointment

Follow the identity instructions, including a UKVCAS appointment where required. Do not assume old biometric information removes every appointment requirement.

Step 4: Upload documents

Submit readable copies through the instructed service or use available scanning arrangements. Keep the form, evidence and submission confirmations.

Step 5: Wait for a decision

Respond to requests within the stated deadline and tell the Home Office about relevant changes. Preparation does not guarantee approval.

Fees in 2026 and processing times

Current costs include:

ItemCost
ILR application fee£3,226 per person
Standard biometric enrolmentNo separate government fee
Life in the UK Test£50 per attempt
English test, if neededProvider’s current price
Priority service, if available£500 extra
Super priority service, if available£1,000 extra

No Immigration Health Surcharge is payable for settlement. Optional appointment services and professional fees can add costs.

Standard decisions usually take up to six months after providing biometric information. Faster services depend on availability and eligibility; further checks can cause delays.

Check the official ILR guidance before paying.

Can you work and travel while waiting?

A valid application submitted before your permission expires can engage Section 3C leave if that permission expires while the application remains undecided.

Section 3C continues existing conditions. It does not give the unrestricted work rights of ILR before settlement is granted.

Do not travel outside the UK, Ireland, Channel Islands or Isle of Man while the application is pending: it will be treated as withdrawn. Leaving the UK also ends section 3C leave, creating additional risks after permission expires.

Obtain advice before changing employers, withdrawing the application or travelling.

Can your dependants settle with you?

Eligible dependants can apply together or separately. A partner normally needs their own five-year qualifying period as your dependant, continuous residence and relationship requirements.

Children do not all need five years’ residence. Their requirements concern permission, age, independence, care and their parents’ settlement positions, with specified exceptions.

Adults also need applicable English and Life in the UK evidence unless exempt.

If a family member is not ready for ILR, a qualifying dependant extension may remain available after you settle. Your ILR does not automatically extend their permission.

Common reasons for refusal

Problems include an incorrectly calculated qualifying period, excessive absences without an applicable exception, salary below the required threshold, unsuitable sponsor confirmation and unmet test requirements.

Gaps in employment require assessment; they are not all automatic breaks in residence. Missing certificates, expired documents and incorrect sponsor details can cause difficulties, but their significance depends on the requirement and evidence.

If refused, read the notice immediately. Any Administrative Review deadline and continuing status need checking. Complex challenges require an appropriately authorised practitioner.

What happens after ILR?

Check your decision and eVisa. You can work without Skilled Worker sponsorship and run a business.

Ordinary ILR generally lapses after more than two continuous years outside the UK, Channel Islands and Isle of Man. A Returning Resident application may be needed.

British citizenship is a separate application. The usual requirement includes holding ILR for 12 months; spouses or civil partners of British citizens do not normally face that wait. Residence, absences and good character still need assessment.

ILR after Skilled Worker Visa FAQs

Can I include my dependants?

Only if they meet their own settlement requirements.

Can I apply from abroad?

No. You must be inside the UK when applying for Skilled Worker settlement.

How AHJ Immigration can help

Tell us your permission dates, occupation code, salary, absences, family details and expiry date. You can enquire before collecting every document.

A Case Assessment helps identify what needs checking. Agreed application work can cover eligibility, evidence, preparation and submission.

Book a consultation or request a call back.

Call 0121 828 2224 or email hello@ahjimmigration.co.uk.

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Want to check your options before you apply?

Before you make your next move, know where you stand.Tell us what’s happening with your immigration matter. We’ll assess whether it’s something we can advise on and explain your next step.

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