Is the New ILR Rule Retrospective? What It Means If You're Already on a Skilled Worker Visa
Are the new ILR rules retrospective? What earned settlement means if you are on a Skilled Worker visa: who keeps 5 years, who moves to 10, what to do now.
Are the new ILR rules retrospective? For most people already in the UK on a Skilled Worker visa, yes in effect: the earned settlement rules announced on 2 November 2026 will apply to settlement applications decided after they come into force, whenever you arrived. This guide explains who stays on a 5-year path, who moves to 10 years, and what you can do now.
Announced 2 November 2026. Not yet law. Last updated: 6 November 2026.
For the full picture of the new 3, 5, 10 and 20-year paths, read earned settlement explained.
Are the new ILR rules retrospective?
Yes in effect: the government says the rules that apply to your ILR application are the ones in force when it is decided, not the ones in place when you arrived.
The Home Secretary told MPs on 2 November 2026: "it is a long-established principle that the rules that apply to an application are those that are in place at the point of decision, not at the point when somebody arrived in the country".
Lawyers may say this is not strictly retrospective, because nothing already granted is taken away. For someone two or three years into a Skilled Worker visa, though, the practical effect is the same: once the new rules are in force, your application will be judged under them.
The government's response says the transitional arrangements apply to "clearly defined cohorts" and do not create "a wider exemption for everyone already living in the UK". Those groups are covered below.
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If you already have ILR, you are not affected
People who already hold ILR keep it. In its 2025 consultation the government said: "We will not, and would never, take away settled status from those who have already been granted it."
Can you still apply for ILR under the current 5-year rules?
Yes, until the new rules come into force, ILR applications are decided under the current Immigration Rules.
The Home Secretary told MPs the rule changes would start to be published in December 2026 and come into force over the course of 2027. The exact start date, and whether different parts start at different times, has not been confirmed.
If you reach 5 years on the Skilled Worker route before the new rules apply to you, you can apply under the current rules as long as you meet them. One change is already fixed: for many settlement applications made on or after 26 March 2027, you will need B2 English instead of B1.
Skilled Worker visa holders: will you stay on 5 years or move to 10?
Your earnings and your job will decide which path you are on once the new rules apply.
| Your situation (under the announced rules) | Likely path |
|---|---|
| Earned £125,141 or more in 3 of the last 4 years | 3 years |
| Earned £50,271 or more in 3 of the last 5 years | 5 years |
| Work in an eligible health or education occupation on a national pay scale (for example nurse, doctor, teacher, social worker) | 5 years |
| Married to or the partner of a British citizen, on a family route | 5 years |
| Skilled Worker earning below £50,271, not in an eligible public service role | 10 years |
| Overstayed, breached a visa condition, or claimed specified public funds in the last 5 years | Up to 20 years |
All paths also need the minimum requirements: no criminal record, no government debt, B2 English, the Life in the UK test and a sustained economic contribution. The details could change when the rules are written.
If you earn £50,271 or more
You may keep a 5-year path if you earned at least £50,271 in 3 of the 5 years before applying. Two lower years, for example during parental leave, will not automatically move you to the 10-year path. The government has not confirmed whether couples can combine their earnings for this test. To look for better-paid roles, browse visa sponsorship jobs and check the stated salary on each one.
If you earn less than £50,271
You will normally move to the 10-year default, as long as you earn at least £12,571 in 5 of the 7 years before applying. A 15-year wait for roles below degree level was proposed in 2025 but has been dropped.
If you arrived before April 2024
Skilled Workers who arrived before April 2024 on the lower salary thresholds of the time can keep extending their visas on their current terms until 2035, giving them time to complete 10 years.
Health, education and care workers already in the UK
Some health, education and care workers keep a 5-year path, either permanently or under one-off transitional arrangements.
- Eligible health and education professionals (such as doctors, nurses, midwives, social workers and teachers) on national pay scales keep a 5-year path. The full list is in Annex C of the government response.
- Healthcare assistants and teaching assistants on national pay scales who came before 12 May 2025 keep a one-off 5-year path.
- Care workers who entered or switched into the care route before 12 May 2025 keep a 5-year path if they meet the £25,000 salary and other requirements. If your sponsor loses its licence, check new employers with our Sponsor Checker.
Not yet confirmed: whether the 12 May 2025 cut-off means you must have been in the UK by then or only have had your visa granted.
If you studied in the UK first
Time on the Student or Graduate visa will not count towards settlement under earned settlement, and the 10-year Long Residence route will close.
Your qualifying period will start when you move onto a route that leads to settlement, such as the Skilled Worker visa. If you were planning to reach 10 years through Long Residence, check your position with an adviser. Use our Sponsor Checker to find employers who can sponsor a Skilled Worker visa.
Your partner and children
Families can generally settle together under the announced rules, but timing depends on when each person arrived.
- A partner who arrived with you can settle at the same time as you, if they meet the requirements.
- A partner who joined later must complete the same qualifying period from when they arrived.
- Children under 18 can settle with you and do not need to meet the earnings, debt, English or Life in the UK requirements.
- Children aged 18 to 24 who are still dependants can settle with the family without meeting the earnings test.
- A dependant who is 25 or over when the family becomes eligible will need to qualify on their own or move to their own visa.
What you can do now
Use the time before the rules change to protect your position, not to make rushed decisions.
- Work out your dates. When do you reach 5 years on your current route? Could you apply before the new rules come into force?
- Keep evidence of your earnings for every tax year, such as P60s and payslips. The earnings tests look back several years.
- Keep your immigration record clean. Apply to extend in good time, keep to your visa conditions and avoid gaps.
- Plan for B2 English if you will apply on or after 26 March 2027. Earned settlement explained lists every minimum requirement.
- Check any new employer is a licensed sponsor with our Sponsor Checker before you move.
- Considering a better-paid role? Browse visa sponsorship jobs, then prepare your application in minutes.
- Get advice on your own case from a regulated immigration adviser, especially if you are close to 5 years.
A higher salary does not guarantee ILR. Eligibility will depend on your earnings over several years and on every other requirement.
Sources
- A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707), Home Office, November 2026, chapters 2, 4, 5 and 8
- Changes to UK visa and settlement rules after the 2025 immigration white paper, House of Commons Library, sections 3.4 and 3.5
This is general information, not immigration advice. The new rules are not yet in force. For advice on your situation, speak to a regulated immigration adviser.
Frequently asked questions
Are the new ILR rules retrospective?
For most people already in the UK without ILR, yes in effect. The government says settlement applications are decided under the rules in force at the date of decision, not the rules when you arrived. There are transitional arrangements only for specific groups, such as some care workers.
I'm on a Skilled Worker visa and due to reach 5 years in 2027. Will I have to wait 10?
It depends on whether you apply before or after the new rules come into force, and on your earnings. If you can apply before the change, the current 5-year rules apply. After the change, you may still have a 5-year path if you earned £50,271 or more in 3 of the last 5 years or work in an eligible public service occupation. Otherwise the default will be 10 years.
Can I still apply for ILR under the current rules?
Yes. The new rules are not in force yet. The Home Secretary told MPs the rule changes would start to be published in December 2026 and come into force over the course of 2027. Until then, ILR applications are decided under the current Immigration Rules.
Is there a grace period for people close to 5 years?
The government has not announced a general grace period. The only transitional arrangements described so far are for care workers and lower-paid health and education workers who came before 12 May 2025, and for Skilled Workers who arrived before April 2024, who can extend on current terms until 2035.
Will people who already have ILR lose it?
No. The government has said it will not take away settled status from people who already have it.
My partner is my dependant on my Skilled Worker visa. When can they settle?
Under the announced rules, a partner who arrived with you can settle at the same time as you if they meet the requirements. A partner who joined you later must complete the same qualifying period on their own timeline.
My visa will run out before I reach 10 years. What happens?
You would need to extend your visa, or switch to another qualifying route, until you become eligible. Skilled Workers who arrived before April 2024 on the old salary thresholds can keep extending on their current terms until 2035.
Thinking about a move to a higher-paid sponsored role?
Find roles with Home Office licensed sponsors, then use Application Assistant to tailor your CV and cover letter for each one.
Ready to put this into practice?
Use Hiredge's free AI tools to generate a tailored cover letter, tailor your CV, or set up job alerts with a visa sponsorship filter.