ILR after Skilled Worker visa — 5-year rule and upcoming reforms
As of May 2026 — the standard route to ILR (Indefinite Leave to Remain) for Skilled Worker holders is 5 years of continuous residence, with a limit of no more than 180 days outside the UK in any rolling 12-month period. The government in the May 2025 White Paper proposed increasing the baseline to 10 years through an 'Earned Settlement' model, but as of 13 May 2026 these are proposals, NOT law. Indicative window for implementation: April–autumn 2026.
The Earned Settlement consultation closed on 12 February 2026 — the government confirmed its intent, but draft Immigration Rules have not been laid. Indicative implementation — April–autumn 2026. This page contains public facts as of the update date. For your specific case, contact an IAA-registered consultant: portal.immigrationadviceauthority.gov.uk
Current rule — 5 years continuous residence
ILR (Indefinite Leave to Remain) is permanent residence status in the UK with no time limit. For Skilled Worker you need 5 years on an eligible work route.
180-day absence rule
Continuous residence is considered broken if in any rolling 12-month period during the 5 years you were outside the UK for more than 180 days.
Breach of the 180-day rule resets the clock to zero from the date of the last breach.
Permitted absences
The following situations may be considered if you have supporting documents:
- Life-threatening illness or death of a close family member
- Unable to return because of a natural disaster, armed conflict, or pandemic-related disruption
- Approved research overseas for certain SOC codes
- Sponsor-approved business travel
Source: gov.uk continuous residence guidance + Immigration Rules Appendix.
Earned Settlement — what was proposed and where it is now
Until new Immigration Rules are published and come into force, the current rule of 5 years applies. Track the status: UK Parliament Library (CBP-10267) →
B2 English requirement — two different moments
The change from B1 to B2 English happens in two stages. Do not confuse this with Earned Settlement (which is about time, not language level):
After ILR — citizenship (naturalisation)
| Scenario | Minimum total time |
|---|---|
| Current rule (5 years) | 6 years (5 SW + 1 ILR-to-citizenship) |
| If Earned Settlement (10 years) becomes law | 11 years (10 SW + 1) |
| High earner (>£50k) under Earned Settlement | 6 years (5 + 1) — if the 5-year pathway is confirmed |
Additional requirements for naturalisation: Life in the UK test + B1 English (rising to B2 from 26 March 2027 for settlement). Source: gov.uk naturalisation guidance.
What counts towards the continuous residence period
- Skilled Worker visa
- Health & Care Worker visa
- Tier 2 General / ICT / Sportsperson
- Scale-up route
- Global Talent (most sub-categories)
- Innovator (in some cases)
- Investor (in some cases)
- Dependant time
- Student visa time
- Visitor visa time
- Any other non-eligible route
When switching from a non-eligible route to SW — the clock starts from the date you switch to an eligible route, not from your first entry to the UK.