The Government has proposed an earned settlement model under which the normal starting point for settlement would move from five years to ten years for many migrants, including many Skilled Workers.
The consultation also asked how transitional arrangements should apply to people already on a route to settlement. As at 24 August 2026, the final settlement framework and transitional provisions have not been implemented in the Immigration Rules.
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 Appendix Skilled Worker as it stands, the settlement qualifying period is five years, subject to SW 21.1 to SW 24.5 and the other relevant Rules. A policy proposal does not change those provisions.
What Did the Consultation Propose?
The consultation proposed a ten-year baseline that could be reduced or increased by factors linked to conduct, contribution, integration and residence. It also asked how the model should treat dependants, existing migrants and transitional arrangements.
Those questions matter because a final scheme may differ from the consultation paper. The legal effect will come from the Immigration Rules and any transitional provisions eventually laid before Parliament.
Could the New Rules Apply to People Already Here?
The consultation sought views on treatment of people already progressing towards settlement. It did not itself create a final retrospective rule. Until the Government publishes the final text, nobody can state with certainty which cohorts will be protected or moved to a different qualifying period.
What Does the HSMP Forum Case Establish?
HSMP Forum Ltd v Secretary of State for the Home Department [2008] EWHC 664 (Admin) is an important authority on legitimate expectation in the immigration context. It may inform analysis of any future settlement changes, but it does not automatically determine the lawfulness of the present proposals.
Any challenge would depend on the final Rules, transitional arrangements, representations made to affected migrants and evidence of reliance and unfairness.
What Should Skilled Workers Do?
If you are approaching your current Skilled Worker settlement date, calculate eligibility under the Immigration Rules in force now and obtain advice before making decisions based on proposed reforms. Future changes should be reassessed once the Government publishes final Rules and transitional arrangements.
- Check the five-year qualifying period and continuous residence.
- Confirm the salary, sponsorship and employer requirements for settlement.
- Keep records of grants, travel, employment and any representations relied upon.
- Review GOV.UK when final Rules and transitional provisions are published.
Primary sources
UK solicitor at Farani Taylor Solicitors practising immigration, property conveyancing and corporate law. Advice available in English, Urdu and Punjabi.