Does COVID-19 Waiting Time Count Toward Skilled Worker Settlement? What Migrants Need to Know About the UK’s Proposed 2026 Earned Settlement Reforms

The COVID-19 pandemic caused major disruption to UK visa processing. Application centres closed, travel restrictions were introduced and immigration decisions were delayed for many months. In response, the UK government introduced several

temporary concessions to prevent migrants and employers from being unfairly affected.

One important rule introduced by UK Visas and Immigration (UKVI) applied to individuals applying in the UK under the Tier 2 (General) and Skilled Worker routes. It allowed certain applicants to start working for their sponsoring employer while waiting for a decision on their visa application.

Crucially, the period spent waiting for the decision can count toward the qualifying residence period for settlement, provided the relevant conditions were met.

However, a key point that is often misunderstood is that the applicant did not need to actually start working during the waiting period for the time to count toward settlement.

With major reforms to the settlement system expected from 2026 under the government’s proposed “earned settlement” model, understanding how these COVID-era measures affect your immigration timeline is more important than ever.

Can You Work While Waiting for a Skilled Worker Visa Decision?

For most immigration routes, a migrant must wait until their application has been approved before starting employment with their sponsor.

During the COVID-19 pandemic, UKVI temporarily relaxed this rule. Certain applicants who had submitted an in-country application under the Tier 2 (General) or Skilled Worker route were allowed to begin working for their sponsor while the application was still pending.

This was introduced because visa processing times were significantly longer than usual. Without this flexibility, many migrants would have been unable to work for extended periods while waiting for decisions.

The policy ensured that employers could continue operating and migrants were not unfairly penalised due to delays outside their control.

Does Waiting for a Visa Decision Count Toward Settlement?

Yes. In certain circumstances, the time spent waiting for the decision can count toward the continuous residence requirement for settlement (Indefinite Leave to Remain).

Importantly, the applicant did not need to actually begin working for their sponsor during the waiting period. They were simply allowed to start work early if they wished, but the relevant residence period counts because the applicant:

• submitted a valid application from within the UK, and

• remained lawfully present in the UK while waiting for the outcome.

This distinction is often misunderstood and can be critical when calculating eligibility for settlement.

For migrants approaching the qualifying period for Indefinite Leave to Remain, even a few months of additional qualifying residence can make a significant difference.

Who Can Rely on the COVID Skilled Worker measure?

To rely on this, several conditions must be met as per SW 21.2 (i) Skilled Worker Appendix.

The applicant must have:

• been physically present in the UK with permission, which could include:

  
  

  • existing immigration leave

  • leave as a visitor

  • or Exceptional Assurance granted during the pandemic

  
  

• submitted an application for permission to stay in the UK

• made the application between 24 January 2020 and 30 June 2021 (inclusive)

• held a valid Certificate of Sponsorship (CoS) from their sponsoring employer on the date of application

• ultimately had the application granted

Where these requirements are satisfied, the time spent waiting for the application decision may count toward the qualifying residence period for settlement.

Why This Issue Still Matters Today

Although the measure was introduced during the pandemic, it continues to affect settlement applications today.

Many Skilled Worker migrants who applied during the disruption are now approaching the end of their qualifying residence period for settlement.

If the waiting period is counted correctly, it may allow them to apply for Indefinite Leave to Remain earlier than expected.

However, applicants should ensure that their immigration history clearly demonstrates that they met all the relevant requirements of the rules.

Where there is uncertainty, it is advisable to seek professional advice before submitting a settlement application.

The 2026 “Earned Settlement” Reforms

The importance of correctly calculating residence periods has increased following the UK government’s proposal to introduce an “earned settlement” framework.

Under the current system, many Skilled Worker migrants can apply for settlement after five years of continuous residence in the UK.

However, under the proposed reforms, the standard route to settlement for many work visa holders may increase to ten years.

The government has indicated that the new framework will place greater emphasis on economic contribution and integration, meaning settlement may increasingly depend on factors such as:

• income level

• employment history

• English language ability

• compliance with immigration rules

While full details of the new system are still being developed, the proposals signal a clear shift toward a model where migrants “earn” settlement through contribution rather than simply through time spent in the UK.

Can You Apply for Settlement 28 Days Early?

Yes. The standard 28-day early application rule still applies, even where the COVID measure allows waiting time to count toward the qualifying residence period.

Under the Immigration Rules, applicants for Indefinite Leave to Remain (ILR) on routes such as the Skilled Worker can normally submit their settlement application up to 28 days before completing the required continuous residence period.

Where the COVID measure applies, the period spent waiting for the visa decision during the pandemic can count toward the qualifying residence period. Once that waiting time is included in the calculation, the applicant may still rely on the standard 28-day early application window.

This means some migrants may become eligible for settlement earlier than expected, particularly where their application decision during the pandemic took several months.

Example

• An applicant submits a Skilled Worker application in the UK on 1 March 2021

• They remain lawfully in the UK while waiting for the decision

• Their visa is granted on 1 September 2021

If the COVID measure applies, the period between March and September 2021 may count toward the five-year qualifying residence period.

This could allow the applicant to reach the five-year threshold earlier than the visa grant date would suggest. They may then submit their settlement application up to 28 days before the calculated five-year anniversary.

What This Means for Skilled Worker Migrants

For migrants who are already in the UK and approaching the five-year settlement threshold, these developments may have significant implications.

Where individuals can rely on the COVID-19 rule, the waiting period during the pandemic may still count toward the qualifying residence requirement.

This could mean that some migrants become eligible for Indefinite Leave to Remain before any new settlement rules take effect.

Given the possibility of major changes to settlement pathways in the coming years, migrants should carefully review their immigration timelines and consider their options well in advance.

Key Takeaway

If you submitted an in-country Tier 2 (General) or Skilled Worker application between 24 January 2020 and 30 June 2021, the time spent waiting for the decision may count toward the qualifying residence period for settlement.

This is the case even if you did not start working for your sponsoring employer during the waiting period, provided the application met the required conditions and was ultimately granted.

As the UK prepares to introduce a new earned settlement framework from 2026, ensuring that all eligible residence periods are correctly counted may be critical when planning your pathway to settlement.

Frequently Asked Questions

Does waiting for a Skilled Worker visa decision count toward ILR?

Yes, in certain circumstances. Where the application was submitted during the COVID-19 period (24 January 2020 - 30 June 2021) and met the relevant requirements, the time spent waiting for the decision may count toward the residence period required for settlement.

Did applicants have to start working for their sponsor while waiting?

No. The measure introduced by UK Visas and Immigration allowed applicants to start work early, but it did not require them to actually begin employment for the waiting period to count toward settlement.

Can you apply for ILR 28 days before completing 5 years if the COVID rule applies?

Yes. The normal 28-day early application rule still applies. Once the qualifying residence period is calculated (including any eligible COVID waiting time), applicants may normally submit their settlement application up to 28 days before reaching the five-year threshold.

When were these COVID immigration measures in effect?

The measure applied to applications made between 24 January 2020 and 30 June 2021 where the applicant was already in the UK and the application was supported by a valid Certificate of Sponsorship.

Will the Skilled Worker settlement route increase to 10 years?

The UK government has proposed reforms under a new earned settlement system, which may increase the standard settlement pathway for many migrants to ten years, although final rules are still subject to further policy development.

Need advice on your Skilled Worker settlement timeline?

Calculating continuous residence can be confusing, particularly where immigration measures and policy changes apply. Professional advice can help ensure that your application accurately reflects all qualifying residence periods and avoids unnecessary delays.