immigration

The salary threshold for converting work permit to permanent residence is £35,800 + 180 days departure rule: 2026 latest ILR application pitfall guide

JustiScript17 May 2026👁️ 239

At the beginning of May, Ethan, a programmer from Manchester City, finally saved enough for a five-year work permit. He excitedly opened GOV.UK and prepared to submit a permanent residence application, but he was stunned at the salary threshold column: "My current annual salary is £43,000, but when I applied for ILR, I asked for £35,800. Which one counts?" What's even more terrible is that he took out his passport and calculated that last year he returned to China to visit relatives and traveled abroad for a total of 190 days - just 10 days above the 180-day red line. The application fee of £2,885 has not yet been paid, and half of my dream of permanent residence has been shattered.

Converting a Skilled Worker visa to a permanent residence (Indefinite Leave to Remain, ILR) is the most popular permanent residence path for Chinese in the UK, but when applying, you must have an annual salary of £35,800 or more, and you must not leave the country for more than 180 days in any rolling 12-month period within 5 years. The new immigration regulations in March 2026 have tightened the rules on wage compliance: starting from April 8, 2026, employers must pay full wages in every pay period (they can no longer rely on annual averages to level them). Home Office can detect wage arrears faster. In today's article, we dismantle the two core thresholds for converting work visas to permanent residence - salary and exit rules, and use real cases to tell you how to be precise and avoid the trap of visa rejection.

💰 Salary threshold for converting work permit to permanent residence: not £41,700, but £35,800

Many people think that the salary requirements for permanent residence are the same as those for renewing a work permit, which must meet the general threshold of £41,700. is wrong! The salary threshold for converting a work permit to permanent residence in is £35,800 per year - £5,900 lower than the renewal threshold.

But there are three details in this number that are easy to trip up:

1. Only "basic salary + fixed allowance" is calculated, bonuses/overtime pay are not included.

When calculating salary, only fixed income can be included - basic salary + guaranteed allowances. Year-end bonuses, overtime pay, and stock options cannot be included. If your contract says £33,000 + £5,000 bonus, Home Office only accepts £33,000, which is directly below the standard.

💡 case: Lily, a London financial analyst at , had a contract of £34,000 + annual performance bonus of £8,000, and actually received £42,000. However, ILR could only fill in £34,000 when applying, which was not enough £35,800. In the end, he had to ask his employer to change the contract and increase the basic salary to pass.

2. New regulations for 2026: Every month’s payroll must meet the standard and cannot be “annual leveling”

Starting from April 8, 2026, employers must pay full wages in every pay period (monthly salary/weekly salary), and Home Office will no longer wait for the end of the whole year before checking. This has a great impact on people who receive hourly pay or have unpaid leave - for example, if you take 2 weeks of unpaid leave in April and your monthly salary drops to £2,500, you may be deemed "non-compliant" even if the annual total is £35,800.

practical advice: In the 12 months before applies for ILR, try to avoid unpaid leave and parental leave pay reduction periods (unless there is an Home Office exemption policy). If you must take leave, communicate with your employer in advance whether you can retain your basic salary or adjust your contract.

3. Have you changed jobs? Every job must be up to standard

People who have changed employers in the past five years should note: each job must meet at least the going rate and £35,800 threshold when applying for a work permit at that time. If your first job in 2022 was for £30,000 (the threshold was low at that time), and you change jobs to £40,000 in 2024, when you apply for ILR, Home Office will check your entire five-year salary history and find that the 2022-2024 period is not up to standard, and the application may be rejected.

Remedies: If your early salary is not enough, you can consider delaying the application, working for a few more months to increase the proportion of "compliance months", or consult a lawyer to see if you can use other supporting materials (such as employer letters, salary threshold policies at the time) to obtain exemptions.

✈️ 180-day departure rule: rolling 12 months, not a natural year

The transfer of work permit to permanent residence requires that the total number of days spent abroad in any rolling 12-month period within 5 years does not exceed 180 days. Note that is "rolling" rather than the natural year - Home Office will calculate any consecutive 365 days. As long as there is a period that exceeds the standard, it will be troublesome.

How to calculate "number of days out of the country"?

  • on the day of departure and the day of return to the UK are not counted as departure (because you spent part of the time in the UK);
  • Only complete 24-hour overseas days count;
  • Business trips, family visits, and holidays are all considered as long as you leave the UK, regardless of the purpose (unless you meet specific exemptions, such as humanitarian relief missions).
📅 example: you fly back to China on June 1, 2025, and return to London on June 15. June 1st and June 15th are not counted as departures, and a total of 13 days from June 2nd to 14th are counted as departures.

Why is "rolling 12 months" a trap?

Home Office will check your for each consecutive 12-month period in 5 years. For example, if you leave the country for 170 days from June 2021 to May 2022, and 185 days from July 2022 to June 2023 - the second period exceeds the standard, you may be rejected even if you are compliant in other years.

practical suggestions:

  • Use Excel or 永居计算器APP to record each entry and exit date month by month;
  • Periodically (quarterly) pull the cumulative number of days in the "past 12 months" to ensure that it does not exceed 180 days;
  • Keep all boarding passes, passport scans, and hotel reservations as proof - Home Office may ask you to provide detailed travel history.

Can it be remedied if it exceeds 180 days?

Exceeding the standard usually interrupts continuous residence and may require a recalculation of 5 years. There are two exceptions:

  • The purpose of leaving the country is to participate in international humanitarian relief/environmental crisis, and the employer agrees;
  • Departure due to force majeure such as epidemic/war (strong evidence is required).

If the exemption is not met, the safest way for is to renew the work permit, wait a few more months to allow the "clean 12 months" to accumulate again, and then submit ILR. Although it costs more to apply for a visa, it is better than being rejected and losing the £2,885 application fee.

📋 2026 Work Visa Transfer ILR Core List (Collection Edition)

In addition to salary and departure, the permanent residence application also has these hard conditions:

project requires
Length of stay has held a work permit for 5 consecutive years (can apply 28 days in advance)
salary threshold £35,800/year (basic salary + fixed allowance)
Exit restrictions rolls for 12 months ≤ 180 days
Life in the UK Test must pass (£50, valid for 3 years)
English requirements B1 level (raised to B2 from March 26, 2027)
Application fee £2,885/person (2026 fee)
acceleration channel Priority £500 (5 working days) / Super Priority £1,000 (next day)

special reminder: ILR applications will be automatically withdrawn if you leave the country during the processing period (except for EUSS) - don’t book a flight after submission, unless you are willing to pay a new £2,885.

🛠️ Actuarial Tools: Use 永居计算器APP to avoid overturning

It is too easy to make mistakes when calculating the 180-day exit rule by hand - especially if your passport is not fully stamped and you are traveling to multiple countries in Schengen Europe. 永居计算器APP (https://justiscript.com/ilr) can help you:

  • Automatically calculate the number of outbound days for all rolling 12-month periods, and mark the exceeding range in red;
  • Generate a complete travel history report, which can be used directly for ILR application;
  • Countdown reminder: How many days are left before you can apply, and which months are you no longer allowed to leave the country.

If your situation is complex (changed employers, had a gap, and had many overseas records), it is recommended that you join a licensed lawyer on WeChat uklvshi to do a free preliminary screening to avoid finding out after submission that you are not up to standard.

💬 Discussion: How many days are left for you to leave the country?

When converting a work visa to permanent residence, salary and exit are two very different issues - £35,800 for 180 days. One day difference may result in £2,885 being wasted. After the new regulations in 2026, employers are under greater pressure to comply with salary compliance, and applicants must conduct self-examinations 12 months in advance and record monthly.

Chat in the message area: How many days have you been abroad in total in the past five years? Have you ever had the experience of almost overturning your car because you miscalculated the number of days? Or has your employer adjusted the way you pay your payroll due to the new regulations? Welcome to share and help more people avoid pitfalls 👇

data source:

  • GOV.UK – Indefinite leave to remain (Skilled Worker visa salary requirements): https://www.gov.uk/indefinite-leave-to-remain-tier-2-t2-skilled-worker-visa/salary-requirements
  • UK Immigration Rules Statement of Changes HC 1691 (March 2026)
  • Fragomen / Lexology – Continuous Residence for ILR guidance

⚖️ This article is for reference only and does not constitute legal advice. Please consult a licensed immigration attorney ([email protected]) for specific cases.

📚 Data source

· https://www.gov.uk/indefinite-leave-to-remain-tier-2-t2-skilled-worker-visa/salary-requirements

·https://www.lexology.com/library/detail.aspx?g=1af16381-0872-444d-8979-0dbfeb8637c4

·https://www.fragomen.com/insights/maintaining-continuous-residence-for-ilr.html

· https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/UK-immigration-updates-march-2026

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