Eligible for settlement in 2026? Skilled Workers can still use the Covid-19 concession

Some Skilled Workers may be eligible for Indefinite Leave to Remain (ILR) earlier than expected because of a Covid-19 concession that still applies – but the time to use it is running out.

Background

During the Covid pandemic – particularly in 2020-21 – significant disruption to UKVI services led to application delays and widespread changes to plans as travel bans hit, flights were grounded, application centres closed at short notice, biometric appointments were cancelled and document issuance was delayed. This created uncertainty about when Skilled Workers should properly be eligible for ILR: does the five-year eligibility period start from the date of permission or the date of arrival?

In response, the Home Office introduced a concession allowing certain periods spent in the UK awaiting a decision on a Skilled Worker application to count towards the five-year continuous residence requirement.

Although more than five years have passed since the height of the pandemic, the concession continues to benefit eligible applicants – and may be particularly important ahead of proposed settlement reforms expected from as soon as April 2026.

What is the Covid-19 concession?

The relevant provision appears in Appendix Skilled Worker of the Immigration Rules.

Under SW 21.2, an applicant can count time spent in the UK on a different immigration route while awaiting a decision on a Skilled Worker application towards the five-year qualifying period for ILR, provided that:

• The application was for permission to stay (made inside the UK)
• It was submitted between 24 January 2020 and 30 June 2021 (inclusive)
• It was supported by a valid Certificate of Sponsorship at the date of the application
• The application was ultimately granted.

This means that time spent lawfully in the UK while waiting for a decision during the specified window can be included in the five-year continuous residence calculation. The applicant must have held valid permission during that period – including, where relevant, leave as a visitor or coverage under Exceptional Assurance.

Who can benefit?

This provision applies to Skilled Workers who:

• Are applying for ILR under the Skilled Worker route
• Have completed (or are close to completing) five years of continuous residence
• Made an in-country Skilled Worker application during the specified Covid-19 period that was subsequently granted.

For some applicants, this may bring forward their ILR eligibility date by several months. For example, where an applicant submitted a Skilled Worker application in March 2020 and remained in the UK with valid leave for several months pending a decision, that waiting period can form part of the five-year qualifying residence – provided the application met the criteria above.

Who can’t rely on this provision?

This concession does not apply to:

• Entry clearance applications made outside the UK
• Applications submitted outside the specified date range
• Applications that were refused.

The distinction between in-country applications and entry clearance applications is key. Only applications for permission to stay fall within the scope of the rule.

Why was the concession introduced?

The provision was introduced to prevent migrants from being disadvantaged by circumstances beyond their control during the Covid-19 pandemic.

At the time, applicants faced:

• Significant Home Office processing delays
• Travel restrictions and border closures
• Lockdowns
• Practical barriers to leaving the UK, even where previous leave was nearing expiry.

Without this concession, many individuals would have lost valuable residence time due solely to administrative disruption.

Why timing now matters

This concession is particularly relevant in light of the proposed changes outlined in the government’s Pathways to Settlement statement, expected to take effect in April 2026.

There’s currently no confirmation of whether transitional provisions will protect those already in the Skilled Worker route. Questions also remain regarding how dependants may be assessed under any revised settlement framework.

Skilled Workers who can rely on the Covid concession to qualify for ILR earlier than anticipated may therefore wish to consider applying before any rule changes are implemented.

Earlier settlement can provide:

• Greater certainty regarding eligibility criteria
• Protection from potential policy shifts
• Clarity for dependants whose position may otherwise become more complex.

Should you apply now?

It depends. Where the Covid-19 concession advances your five-year qualifying period, careful calculation of continuous residence is essential.

Given the uncertainty surrounding the 2026 reforms, those who become eligible before implementation may wish to consider submitting their ILR application sooner rather than delaying.

Each case will depend on individual immigration history and timing of applications, and specialist advice is recommended to ensure the qualifying period has been calculated correctly.