ILR continuous residence calculation and 5-to-10-year policy risk

[JANESMITH023]

Hi all,

I’m seeking some guidance regarding the start of continuous residence for ILR eligibility under the COVID-era Skilled Worker concession, and how the proposed 10-year settlement rule might impact my case.

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My background:
• I arrived in the UK in 2019 on a Tier 4 student visa.
• I submitted my Skilled Worker visa application online on 3 December 2020, from inside the UK (permission to stay). I have the IHS and application fee confirmation for this date.
• On 4 December 2020, I booked and paid for a UKVCAS biometric appointment, which took place on 31 December 2020.
• My Certificate of Sponsorship (CoS) stated a start date of 7 December 2020, which is also the day I began working for my sponsor.
• I have remained on the Skilled Worker route since then, renewed it once, and my current visa is valid until early 2027.

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Relevant COVID-era concession (April 2025 caseworker guidance):

Applicants who submitted a “permission to stay” application between 24 January 2020 and 30 June 2021, and had a valid CoS at the time, are allowed to count the time from the application date toward the 5-year continuous residence, even while waiting for a decision.

(Source: Skilled Worker caseworker guidance, April 2025)

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My questions:

Do I qualify under this concession?
I believe I do, as:
• I applied on 3 December 2020 (within the date window),
• It was a “permission to stay” application from inside the UK,
• I had a CoS in place,
• The application was later granted.

Just hoping to double-check this with others who may have gone through something similar.

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What is the exact date that should count as the start of my continuous residence under this rule?
Given my timeline:
• Application submitted: 3 December 2020
• UKVCAS appointment booked: 4 December 2020, attended: 31 December 2020
• CoS start date and first working day: 7 December 2020

Should my continuous residence start from 3 Dec, 4 Dec, 7 Dec, or 31 Dec 2020?
I’ve seen varying interpretations, so any clarity would be really appreciated.

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Assuming the 5-year ILR rule remains unchanged, when is the earliest I can apply for settlement?
If my continuous residence starts on 3 December 2020, the 5-year mark would be 3 December 2025, and I should be able to apply from 5 November 2025 (28 days before). Is this calculation correct?

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Given my circumstances, how likely is it that the proposed 10-year settlement rule could impact me, if I apply promptly once I qualify under the 5-year rule?
I understand the new rule may require primary legislation and likely won’t come into force until sometime in 2026, but I’d really appreciate any insight on how this might play out—especially from those who’ve seen similar situations in the past (e.g., the HSMP case).

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Thanks so much in advance to anyone who can share their knowledge or experience!

Kind regards,
James

[zimba]

1. UKVI allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

https://assets.publishing.service.gov.u ... worker.pdf

2. The starting point of your qualifying period will be the date of your initial application, which is 3 December 2020. The COS start date or work start dates are irrelevant.

3. The date of ILR application is NOT that criterial. You need to find the earliest date of your ILR eligibility, which is 3 December 2020 + 5 years - 28 days. That is the earliest date you can be granted ILR. The date of your ILR application becomes irrelevant, as long as your date of ILR decision is on or after this date. This is because your qualifying period is counted backwards from the date of your ILR decision.

Read: Applicants can benefit from the date of the ILR decision

4. We cannot tell you what to expect. No new rules have been announced, and everything you heard for now is just a proposal.

[JANESMITH023]

Hi Zimba again, thank you for the clarification earlier – it’s really helpful.

I now have a follow-up question regarding the timing of the ILR decision, especially in relation to priority/super priority services.

You mentioned that:

“The qualifying period is counted backwards from the date of your ILR decision, not the application submission date.”

And I understand that I can submit my ILR application up to 28 days before completing the 5-year continuous period.

So hypothetically, if I apply exactly 28 days early, but use priority (5-day) or super priority (next-working-day) service, and the decision is issued too quickly—for example 5–10 days before I technically reach 5 years, would that invalidate my eligibility?

Thanks again for your assistance and valuable insights!

[zimba]

Please go through the link I shared above and read that advice properly.

I very explicitly told you that the date of the ILR eligibility is the date you can be GRANTED ILR. So technically you do NOT need 5 years to be granted ILR. Please read the advice above very carefully

[JANESMITH023]

Hi Zumba, thank you so much for the helpful guidance you’ve provided previously – it’s been incredibly valuable!

I have a follow-up question. I’m currently on a Skilled Worker visa and working with my current employer. I’m eligible to apply for ILR on 5 November this year.

If I decide to change jobs before then, and my new employer also sponsors me under the Skilled Worker route, would a gap of around one month between leaving my current role and starting the new one (during which I’m not working but still in the UK under valid leave) break the 5-year continuous residence requirement for ILR?

Thanks in advance for any insights or experiences you can share!

[zimba]

It has no effect. Gaps in employment do not matter

[JANESMITH023]

Lovely. Thanks for you insights! It's really helpful!

[JANESMITH023]

Hi people sorry to bother you with another follow-up question.

Can I ask my new employer to sponsor a shorter Skilled Worker visa if I’m applying for ILR in a few months?

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I’m currently on a Skilled Worker visa and will be eligible to apply for Indefinite Leave to Remain (ILR) on 5 November 2025, which is when I’ll have completed 5 continuous years under sponsorship.

I’ve just received a new job offer. The company is willing to sponsor me for a Skilled Worker visa, and the start date on the offer is 25 August 2025.

The last time I renewed my Skilled Worker visa was in late 2023. At that time, my CoS stated the following:
• Start Date: 21 December 2023
• End Date: 20 December 2026
• My BRP shows:
• Valid from: 9 November 2023
• Valid until: 3 January 2027

Now, since I will be applying for ILR shortly after starting this new job, I’m trying to minimise the visa and IHS costs (especially in case the new employer expects me to cover them).

I’m thinking of asking the new employer to sponsor me only up to 31 December 2025. This gives me roughly 2 months of buffer time beyond the earliest ILR application date (5 November), in case of delays or complications with the ILR application.

My questions are:
1. Is this plan legally viable? Can the new employer issue a CoS that only covers the period 25 August 2025 to 31 December 2025, even though the contract is permanent?
2. Will this shorter visa duration still keep me fully eligible for ILR, as long as my application is submitted while the visa is still valid?
3. Would this approach help reduce the costs for both me and the employer (e.g. lower IHS surcharge and reduced Immigration Skills Charge)?
4. Is there a minimum visa length I must apply for when changing sponsors under the Skilled Worker route?

Thanks in advance for your insights!

[zimba]

1. Yes. Your visa will be issued based on the end date of your COS.
2. Yes
3. Yes you pay IHS based on the length of visa
4. You do not get to choose the length of your visa. Your employer gives you a COS and you get visa as per your COS