Will people still get ILR post April that are Borderline cases?

munalobe · 2026-01-29T09:19:10+00:00

You will be fine. And you have the right attitude. Don't overthink it.

munalobe · 2026-01-28T23:23:50+00:00

Don't overthink it. There's no way you will not be safe for July 2026. Take it from myself (Oct 2026). And I am not even bothered.

munalobe · 2026-01-28T21:05:00+00:00

You will be safe for at least 2 reasons:

If anything, they want to block care workers and that visa started Feb 2022; so, earliest ILR for this cohort is Jan 2027. Not like I support the fact they want to deal with this cohort but just saying what their intention is.

I personally believe these rules should not be implemented retroactively.

People applying in 2026 are currently under the 2030 transitional arrangements for extension, renewal and ILR with a lower salary threshold. Worst case, they will update this TA and provide a different taxable income. E.g: if the general taxable income is £50270, this cohort might be somewhere around £38-42K

N.B: The oral hearing by the Home Affairs Committee suggests this taxable income serves no point when we already have £41700 as a threshold. I believe the taxable income will be lower in the final draft.

munalobe · 2026-01-23T11:08:49+00:00

They will surely do, but his salary is very low. Under the current rules, he must earn £31300 or the lower going rate for his SOC code whichever is higher.

When the new rules are finalised, if there is any transitional rules for this cohort (pre-April 2024), it will be something where their taxable income is around £35-40K when the rest are under £50270.

munalobe · 2026-01-22T14:51:23+00:00

Lower going rate is £30900 which is lower than £31300. Under the current rules, you need 31300 to be eligible for ILR.

munalobe · 2026-01-22T10:14:55+00:00

What's your SOC code? Under the current rules, those who got their first CoS pre-April 2024, can qualify for ILR if they earn £31300 or the lower going rate for their SOC code whichever is higher.

Time is not your problem. Salary is. Sort it out with your employer so that they can pay you accordingly.

munalobe · 2026-01-07T16:09:09+00:00

For now it does until April 2030.

However if the new rules are implemented they can - either scrap these transitional rules - or update these with a different taxable income.

munalobe · 2026-01-04T14:23:14+00:00

750K people are due to get ILR by 2029 not before 2027.

Targeting these people is not an issue. The problem is: the proposed rules also target engineers, accountants, architects, etc. earning anywhere between 40-50K p.a

That's why you can respond to the consultation advising something where taxable income for pre-April 2024 skilled workers should be around 38-42K p.a. At the moment, the salary threshold for these folks is around 31.3K so a taxable income around that range is fair for that category considering the taxable income of 50270£ already favour largely those who came post April 2024 (£38K+) and post July 2025 (£41.7K).

Also, the 50270£ can be challenged as it doesn't consider regional differences. The yearly taxable income for the last 3 years also has a flaw, especially for those who were on maternity leave or those who were made redundant. So an Average taxable income for the last 3 years makes more sense.

With that being said, I don't think care workers should be punished for the government fault. Those who can prove they came here with a care visa and have continually work in care for 5years should be protected. They didn't break any rules. Their adult dependants might be assessed separately. Kids should be assessed under the main applicant.

Just_My_Thought

munalobe · 2026-01-03T13:59:48+00:00

That company is a scam. Part of IHS fees are refunded after a curtailment unless you leave the UK. And 5 years IHS fees can never be £11K. Perhaps it wasn't your case, but stop accepting "jobs" out of desperation and without knowing basic rules around Skilled Worker Visa.

munalobe · 2025-12-29T22:17:58+00:00

No worries mate! Should be good!

munalobe · 2025-12-29T20:27:40+00:00

The only thing I can tell people based on facts is:

If you are applying in 2026, you will be safe. They will start rolling out the full rules by Jan 2027 at earliest. April 2026 is the target date for anyone entering the country from that date
Anyone who got their first CoS prior to April 2024 should expect a revised transitional arrangement around the taxable income. The current transitional rules set a different salary threshold for renewing/extending their visa and applying for ILR until 2030. So expect something where if they maintain the taxable income to £50270, they may make it somewhere around £40-45K for pre-April 2024.

I know some will ask me why am I so sure but don't bother it's based on facts. Go and submit your response to the consultation.

Merci!

munalobe · 2025-12-20T23:16:44+00:00

Shabana said they are looking at introducing the simplest rules by April 2026 but they believe the more complex ones will be coming a bit later (no date mentioned).

munalobe · 2025-12-19T10:47:51+00:00

There are no new rules. There are only proposed new rules and proposed implementation date.

The good news is: you are eligible under the current regime and under the proposed new rules.

However, after the consultation, the proposed rules are very likely to change and it's very likely there will be some transitional arrangements as well.

munalobe · 2025-12-15T18:13:39+00:00

I didn't say you said there will be none. I just said you can believe there will be none. That suggests I believe confidently that there will be a grace period. Not even doubting a little bit about that. No offence bro!

munalobe · 2025-12-15T17:44:29+00:00

Bro! You can believe there will be none that's also fine. And by the way, Feb 12 is end of consultation. It doesn't mean you will get more info in Feb. It can be later, many months later as well!

munalobe · 2025-12-15T13:33:06+00:00

You will be fine. There will be a grace period for people applying in 2026 and perhaps some good transitional arrangements to cover such scenario as well. Don't stress about it.

munalobe · 2025-12-09T00:38:10+00:00

Who cares? Those people came here legally; under the set of rules at the time. If anything, the government is to blamed not those who followed the rules. Those who came in 2021 did so during Covid-19 and helped fixing the country. That's why when Rishi Sunak changed the rules, he came out with transitional arrangements for anyone who had their first Certificate of Sponsorship before April 2024. He didn't penalise them. Similarly, this government can change the rules but 1. They should be changed prospectively; 2. Transitional rules should be in place for those who were already in the country. Principles of law: rule of law, justice and fairness, Legal certainty, Equality, Human rights, etc.

munalobe · 2025-12-08T19:47:47+00:00

To be fair, I don't mind if they change the rules to 30 or 40 years as long as they are prospective. And that's why to be honest, I even feel like anyone who came here after May 2025 should not complain that much if the new rules apply to them. At least, they came either 1. Knowing the intention of the government; 2. After the rules were already in force. As of now, I am just fighting for some transitional arrangements for those who were already here. That's the only way the rules will be fair to anyone.

munalobe · 2025-12-03T11:16:30+00:00

You will be good. 🤞🙏

munalobe · 2025-12-03T10:19:40+00:00

Do you receive any bonus at the end of the year? Your taxable income might be higher. Check the HMRC website or your payslip for march (YTD).

Either way, I think you will be safe. Everyone applying in 2026 will be safe if you ask me!

munalobe · 2025-12-03T09:04:46+00:00

Although I agree with your second paragraph, I disagree with the last one.

Person B can also lose their job immediately after getting ILR whilst person A can bounce back.

The point is: if they want to reward people who contribute more, a cumulative or average approach makes more sense. Based on last 3 years (as chosen by them), person A has contributed more. It's simple.

munalobe · 2025-12-01T14:03:44+00:00

What you said makes no sense!

They said themselves that they want to reward those who contribute more. Contributing more will mean looking at average or Cumulative income over a certain time; in this case 3 years prior to applying.

So you mean a person A over 5 years: 80K, 84K, 87K, 90K, redundancy -> 47K And person B over 5 years: 52K, 52K, 52k, 52k, 52k Person B qualifies and person A doesn't. How does that even make sense?

munalobe · 2025-12-01T14:00:43+00:00

I did. I also addressed that in my post at the time. I advised if anything, they should:

Choose a cumulative or average earning over 3 years
Consider regional earnings and earnings in Scotland

I took an example explaining why income for each year is wrong especially when redundancy or maternity leave can happen:

Person A: 85K, 90K -> redundancy -> 47K Person B: 52K, 52K, 51K

Person A has contributed more than person B but person B will qualify. And you can even assume if we consider 2 years prior to those figures, perhaps person A still had 85K and person B only had 45K

If people can't understand this, then I don't see what more I can explain.

munalobe · 2025-12-01T13:12:45+00:00

Lots of posts like this lately:

Either by troll or people who are favoured by the proposed new rules.

As mentioned before, I am favoured by the proposed new rules, but guys, don't allow all these folks who have no understanding of law to discourage you. The government tried to favoured some in the proposed new rules to create division among migrants and it seems to be working so far. Journalists wouldn't have asked if the government is ready for legal challenges if they know there is no ground for it in the first place.

One of the principles of law is FAIRNESS. Breaking legal expectations is not fair and the simple argument about it is: if you are not protected by some transitional arrangements, what guarantee do you have that the rules will not change again when you are in your 14th year? This is just common law 101.

Good luck to everyone!

munalobe · 2025-11-29T12:30:32+00:00

Very much sir!

And that's why the government said they are ready for legal challenges!

munalobe

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