If you are on a Skilled Worker visa, you need to read this.
The UK government has confirmed it plans to double the ILR (Indefinite Leave to Remain) qualifying period from 5 years to 10 years — and apply it retrospectively to people already living and working in the UK under the existing 5-year route.
Home Secretary Shabana Mahmood confirmed in March 2026 that the changes will affect those who arrived between 2022 and 2024, with implementation expected in Autumn 2026.
This is not a future policy for future arrivals. It is a change to the rules for people already here.
What Is ILR and Why Does It Matter?
ILR (Indefinite Leave to Remain) is the UK’s form of permanent residence. It gives you the right to live and work in the UK without time restrictions. It is also the step before British citizenship.
Under the current rules, most Skilled Workers can apply for ILR after 5 continuous years in the UK. The government is now proposing to extend that to 10 years.
For someone halfway through a 5-year route, this is not just a change in policy. It is a change to the rules they agreed to when they moved their life to the UK.
What Is Retrospective Application?
Retrospective means going backwards. Instead of the new 10-year rule applying only to people who arrive after the law changes, the government is proposing it applies to people already in the UK — mid-route.
If you arrived in 2022 expecting to apply for ILR in 2027, you could now be looking at 2032.
That is an additional 5 years of visa fees, NHS Immigration Health Surcharge payments, and uncertainty about your status in a country you have been legally living and working in.
Has This Happened Before?
Yes — and the courts found it unlawful.
In HSMP Forum Ltd v Secretary of State for the Home Department [2008] EWHC 664, the High Court ruled that retrospective changes to the Highly Skilled Migrant Programme settlement criteria frustrated the legitimate expectations of those already in the UK. The government was ordered to honour the promises it had made.
That case sets a strong precedent. The same legal principles apply here.
What Are the Legal Grounds for Challenge?
- Legitimate expectation — you entered the UK under a clear promise of a 5-year route to settlement.
- Retrospective legislation — changing the rules mid-route is fundamentally unfair and contrary to established constitutional principles.
- Article 8 ECHR — your right to private and family life is engaged after years of building a home, career, and family in the UK.
- Wednesbury irrationality — penalising workers who followed every rule may not survive rationality review.
What Should You Do Right Now?
If you are on a Skilled Worker visa and approaching your 5-year ILR eligibility date, your window to apply under the current rules may be closing faster than you think. Acting now could make a significant difference.
- Check your exact visa start date and when your 5-year qualifying period ends.
- Get specialist immigration advice as soon as possible — do not wait.
- Consider whether you can apply for ILR before any rule changes take effect.
- Follow and support the legal challenge at crowdjustice.com/case/protecting-skilled-workers.
| Need urgent ILR advice? Book a free initial call with Sajjad Hussain, Solicitor — 020 7242 1666 | sajjad@faranitaylor.com |
UK solicitor at Farani Taylor Solicitors practising immigration, property conveyancing and corporate law. Fluent in English, Urdu, Hindi and Punjabi.