Our advice to skilled workers in the UK is simple: get the foundations right and don’t guess the rules. ILR is where accuracy, timing and evidence do the heavy lifting. Below is a concise, up-to-date walkthrough you can rely on.

Eligibilityin a nutshell

You normally need 5 years in the UK on eligible work routes. Time can be made up of Skilled Worker (including Health & Care), Tier 2 (General), Scale-up, andcertain other routes listed by the Home Office. Dependant time does not count.

You must keep within 180 days in any rolling 12-month period for qualifying residence (rules for absences that started on/after 11 April 2024 are calculated on a rolling basis). Keep a clean, date-checked absence table.

Salary and sponsor confirmation (the parts that trip people up)

For ILR on the Skilled Worker route you must satisfy both the salary rules and show your employer still genuinely needs you in the role:

Employer confirmation: Your sponsor must provide a document confirming the job is on going and you will continue to be needed after ILR. Build this into your document checklist early.

General salary threshold: In most cases you must be paid at least £41,700 or the standard going rate for your occupation code, whichever is higher. Check the current going-rate table for your SOC from GOV.UK

Transitional protection: If your first Skilled Worker CoS was issued before 4 April 2024 and you’ve held continuous permission since, a lower threshold can apply (e.g.,£31,300 or the lower going rate, with specific rules for jobs on the Immigration Salary List). This can make a decisive difference; verify your first CoS date.

Health,education and Immigration Salary List (ISL) roles: There are tailored salary rules for ISL roles. Always test your exact occupation code against the current table before filing.

Practical tip: Salary must be genuine base pay for the sponsored role. Don’t rely on allowances or overtime to plug a gap unless specifically allowed in the rules.

English and Life in the UK: what you do and don’t need

Lifein the UK Test: Required for applicants aged 18–64. Book early; test centres can be busy.

English language: You do not need to re-evidence English for settlement if you’re settling on Skilled Worker/Health & Care/T2, you met this when you got the visa. (Note: the English requirement for new Skilled Worker entrants is scheduled to rise to B2 from 8 January 2026, but that is for entry/leave on the route, not for ILR where this exemption applies.)

Timing your application

Whento apply: Up to 28 days before you reach 5 years. Do not file too early; equally, don’t let leave expire, extend if needed and then apply.

Processing times and fees: Standard service is up to 6 months. Priority (5 working days) and Super Priority (next working day/2 days) may be available for a fee. Check availability in your location when you book biometrics.

Evidence that works

A well-structured ILR pack typically includes:

• Current passport (and BRP/eVisa)
• Sponsor letter confirming ongoing role, salary, and that the role continues beyond ILR (on headed paper, signed, with contact details) GOV.UK
• Payslips and contract (or variation letters) showing you meet the relevant threshold
• HMRC evidence (P60s or employment history can help reconcile totals)
• Absence schedule with exact dates, reasons and supporting travel proof (boarding passes aren’t mandatory but help resolve queries) GOV.UK
• Life in the UK pass notification

If your case involves job changes, varied salaries, parental leave, or secondments, add a short solicitor’s cover note tying the facts to the rules with citations to the current guidance.

Common misconceptions we still see

• “I must upload English at B1 again for ILR.”
      Not on this route: English is not re-tested for settlement where you’re relying on Skilled Worker/T2/Health & Care.
• “Any five years will do.”
      Only qualifying work routes count; dependant time doesn’t. Check the Home Office list before you file.
• “180 days is a simple calendar-year cap.”
      For absences starting on/after 11 April 2024 the test is rolling 12-month periods. Calculate carefully.
• “My salary is close enough.”
      Close isn’t enough. The higher of the stated threshold or the going rate must be met, subject to any transitional or sector-specific rule.

What happens after a decision?

• If granted: You settle with no time limit and no sponsorship requirement. Keep your employer informed and update right-to-work status when prompted. You can later consider British citizenship (subject to separate residence, absence and good-character rules).    
• If refused: Your work and stay may be affected. Seek advice promptly on administrative review or fresh applications, often the remedy is a targeted fix to salary evidence,     absence calculation, or sponsor documentation.

Afinal word from GigaLegal’s immigration experts

ILR applications are won by preparation: pin down your CoS history, confirm the correct salary band, build a clean absence audit, and obtain a robust sponsor letter. Do those four things well and most Skilled Worker settlement cases run smoothly.

If you’d like a second pair of eyes before you press “submit”, we can review your evidence against the current rules and flag risks before they become refusals.

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