What settlement means

Settlement is also called indefinite leave to remain (ILR). It gives permission to live, work and study in the UK with no time limit. People with ILR can apply for benefits if they are eligible. They can usually apply for British citizenship after at least 12 months.

This guide describes the rules in force on 25 October 2026. Changes have been proposed, and they are explained at the end.

The qualifying period

On the Skilled Worker and Health and Care Worker routes, the usual qualifying period is 5 years. Time on these routes can be added together:

  • Skilled Worker, Health and Care Worker or Tier 2 (General)
  • Global Talent, Innovator Founder, Scale-up and some others

Time spent in the UK as a partner or child of a visa holder (a dependant) does not count towards the 5 years.

The earliest an application can be made is 28 days before reaching 5 years. GOV.UK says an earlier application may be refused.

Continuous residence and absences

The 5 years have to be continuous. Under the Immigration Rules, a person can spend no more than 180 days outside the UK in any 12-month period.

Some absences are not counted, for example:

  • travel disruption caused by a natural disaster, war or a pandemic
  • serious personal reasons, such as the life-threatening illness or death of a close family member
  • helping with a humanitarian or environmental crisis overseas, if the sponsor agreed

Continuous residence can also be broken by a prison sentence or by time without permission, with limited exceptions.

Salary at settlement

The sponsor (the employer approved to sponsor the worker) has to confirm two things. It still needs the worker, and it will keep paying at least the required salary. The sponsor also has to still hold its licence when the decision is made.

The required salary depends on the job:

  • General rule: at least £41,700 a year and the standard going rate for the job.
  • Health and education jobs on national pay scales: at least £25,000 a year and the national pay scale rate.
  • Health and Care Worker jobs with different salary rules, including care workers and senior care workers: at least £31,300 a year (or £25,000 if the job is or was on the immigration salary list) and the lower going rate.
  • First certificate of sponsorship before 4 April 2024: for people who have held Skilled Worker visas since then, at least £31,300 a year (or £25,000 for immigration salary list jobs) and the lower going rate.

Life in the UK test and English

Applicants aged 18 to 64 need to pass the Life in the UK test. It costs £50 at the time of writing (October 2026).

At the moment, main applicants on these routes do not prove their English again. GOV.UK says this is because they did so for their visa.

In the rules but not yet in force: from 26 March 2027, the Immigration Rules require Skilled Worker settlement applicants to show English at level B2 in speaking and listening, unless an exemption applies. This was set by a rule change laid in March 2026 (HC 1691). The Home Office says it will apply to people already on the route.

Fees and decisions

At the time of writing (October 2026), ILR costs £3,226 per person. There is no Immigration Health Surcharge for ILR applications.

A decision usually takes up to 6 months. A priority service costs £500 extra and a super priority service costs £1,000 extra. GOV.UK says the application is withdrawn if the applicant travels outside the UK, Ireland, the Channel Islands or the Isle of Man before a decision.

ILR can be lost after more than 2 years in a row outside the UK.

Partners and children

Partners and children can be included in the same application, or can apply later. A partner usually needs:

  • 5 continuous years in the UK as the worker's dependant
  • a genuine relationship and a plan to keep living together
  • enough money without using public funds
  • a pass in the Life in the UK test (if aged 18 to 64)
  • English at level B1 in speaking and listening, or B2 for applications made on or after 26 March 2027

Children can usually settle if both parents are settling or already settled. There are other cases too, such as when one parent has sole responsibility.

Proposed changes: earned settlement (not yet law)

On 20 November 2025, the Home Office published a consultation called "A Fairer Pathway to Settlement". It closed in February 2026. At the time of writing, GOV.UK shows the consultation as closed, with no published outcome. The Immigration Rules still set a 5-year qualifying period for Skilled Workers.

The main proposals were:

  • a standard qualifying period of 10 years instead of 5
  • a possible 15 years for people sponsored in jobs below degree level (RQF level 6), such as care workers
  • shorter periods for some people, for example 5 years less for a taxable income above £50,270 in each of the 3 years before applying, or for 5 years in certain public service jobs
  • longer periods for some people, for example after claiming public funds
  • minimum requirements including English at B2, the Life in the UK test, no unpaid government debts and a record of earnings

The government said it planned to apply the changes to everyone in the UK who does not yet have ILR. It asked whether there should be transitional arrangements. It also said it would not take settlement away from people who already have it. The consultation documents do not give a start date.

Every situation is different. A regulated immigration adviser can look at how the current rules apply to an individual case.

Sources

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