With the Government’s proposals for “earned settlement” introducing significant additional complexity, Callum De Freitas, an Associate in our immigration team summarises the key announcements and answers your burning questions on the future of Indefinite Leave to Remain.
On Thursday 20 November 2025, we finally received some additional clarity on the UK Government’s proposed changes to Indefinite Leave to Remain (“ILR”, or settlement – to be used interchangeably for the remainder of this article), with the publication of the Home Office’s “A Fairer Pathway to Settlement” consultation statement – you can read the full statement here.
The Key Announcements:
The standard qualifying period for ILR will increase from 5 years to 10 years, much as anticipated.
The new rules, including the new qualifying period, will apply retroactively. Therefore, anyone who does not have ILR in the UK by the time the new rules are introduced will be subject to the new rules.
It will be possible to reduce the length of time to get settlement, if you meet certain conditions:
- Earn annual taxable income of £50,270 for the 3 years immediately prior to applying for settlement = qualify for settlement after 5 years.
- Earn annual taxable income of £125,140 for the 3 years immediately prior to applying for settlement = qualify for settlement after 3 years.
- Work in the local community (e.g. volunteering) = qualify for settlement after 5-7 years.
- Work in certain public service roles for 5 years = qualify for settlement after 5 years.
- Complete an approved English language test in speaking, reading, listening and writing at CEFR Level C1 = qualify for settlement after 9 years.
(Please note that the length of time to qualify for settlement may end up being higher than as set out above, if any of the below circumstances apply.)
Your qualifying period may be as long as 15 to 30 years in certain circumstances, including where you have been:
- in receipt of public funds;
- in breach of immigration rules; or
- working in a role below skill level RQF 6 (although this is merely a proposal, for the time being).
Family members won’t necessarily qualify for settlement at the same time as the main applicant. Partners will be assessed on their own merits and may be subject to a different qualifying period. Children under 18 will be entitled to settle at the same time as their parent. For children 18 or over, the position is currently unclear.
There will no longer be a separate 10-year “long residence” route.
Please note that all of the above is subject to consultation and may change significantly prior to implementation.
This is a lot to digest, and the detail in some areas is still lacking. We’ve already had numerous questions on these changes, and have set out some frequently asked questions, with accompanying answers, below.
Frequently Asked Questions:
Who will be affected by these changes?
Everyone with a visa leading to settlement in the UK, except for family members of British citizens, those who are on the EU Settlement Scheme, and people on the British National Overseas, Global Talent or Innovator Founder visa.
When are the new rules coming into force?
The consultation on the proposals concludes on 12 February 2026. We are then expecting the proposals to be implemented quite promptly, and recent comments from the Home Secretary suggest that the new rules may be in force as early as April 2026.
What if I submit my application for ILR before the new rules come in?
The general principle with UK immigration applications is that you are subject to the rules that apply at the time that you submit your application. Therefore, generally, provided that you submit an application before new rules come into force, you will be assessed under the old rules.
However, the Home Office statement on earned settlement reads as follows: “Without any transitional arrangements, the earned settlement policy will affect people already in the system, who are not already settled when relevant Immigration Rules come into force.”
Arguably, this would suggest that anyone who has not already settled (i.e. has not already been granted ILR) by the time the new rules are brought in will be subject to the new rules, even if they have already submitted their ILR application by that time. This would be extraordinary, and it may just be that the statement is poorly worded, but that is what it currently says.
What sort of community work will allow me to reduce the wait for settlement?
This is subject to consultation, but the Home Office have given the example of volunteering, describing this as “any activity that involves spending time, unpaid, doing something that aims to benefit someone else (other than close friends or relatives), the community or the environment.”
How will the English language at CEFR Level C1 reduction work for nationals of majority English speaking countries, like Australia or the USA?
This is also not clear. As it stands, nationals of certain countries are assumed to have sufficient knowledge of English language for the purpose of applying for visas like the Skilled Worker visa. However, the statement does not clarify whether C1 level knowledge, which is higher than the English language requirements for any visa, would be assumed for these nationals, and therefore entitle them to a 9-year pathway to settlement automatically – or if they would need to take the test themselves.
Under their points-based immigration system, Australia award applicants with additional points for higher English language ability, even if the applicant is from an English speaking country – this may be where the Home Office have got this idea from.
Can my employer help me?
There are a few ways that your employer might be able to help you.
Firstly, if you are earning close to one of the salary thresholds, they could bump your salary over the relevant threshold, enabling you to qualify sooner. You could explain that doing this will mean that they do not need to sponsor you for as long, reducing the associated costs and admin for them (assuming that you are on a sponsored work visa). Please note that the salary thresholds require you to have been earning at the requisite level for the three years leading up to your settlement application – so your employer could not simply bump up your salary a week before you apply.
Secondly, they can respond to the Home Affairs Committee’s Call for Evidence and/or the Home Office’s consultation, to help shape the policy proposals.
This is ridiculously unfair – how can they retroactively apply these changes to people who are already in the UK and have been working towards settlement for years?
Frankly, I agree. But it does seem increasingly likely that these changes will affect those already on the path to settlement, despite backlash from the public and MPs.
If you want to voice your displeasure with these proposals, you can respond to the Home Office’s earned settlement consultation, here. The more that people speak up and explain the impact of these changes, the more likely it is that the proposals might be tweaked prior to implementation, which could include the introduction of transitional provisions.
We know that these proposals are likely to generate confusion and worry for tens of thousands of people across the UK, with future plans suddenly thrown into disarray. If you have any questions about how these proposals might affect you, your family, or your business, please get in touch at [email protected]
