ILR changes 2026: where earned settlement stands now

Where does earned settlement stand now?

The short answer: the qualifying period for indefinite leave to remain (ILR) has not yet moved to 10 years. As of the date of publication, the Government’s “earned settlement” plans are still proposals, and the existing 5-year routes remain open.

 The Home Secretary has said the final policy, including any transitional arrangements, will be published later in 2026.

One change is already confirmed, though: from 26 March 2027, applicants on most routes will need to demonstrate knowledge of English at CEFR level B2.

This guide sets out what is confirmed, what is still proposed and what you can do now. It is written for people on a route to settlement, their families and the employers who sponsor them. If you need advice on your own position, our immigration team can help.

What is confirmed and what is still proposed?

What the Government has proposed

The Home Office consulted on its proposed “earned settlement” model, A Fairer Pathway to Settlement, between 20 November 2025 and 12 February 2026.

Under this new model, settlement timescales would generally increase. The main proposals were:

• A 10-year baseline for most routes, with 15 years proposed for Skilled Workers in roles below degree level (RQF 6).
• Reductions based on salary or other contributions to society – for example, 5 years off for earning over £50,270 a year, and seven years off for earning over £125,140.
• Extensions of 5 to 10 years for claiming public funds, and up to 20 years for people who entered the UK illegally or on a visit visa.
• Mandatory requirements, including English at B2 and a minimum income of £12,570 a year for three to five years.
• Dependants qualifying on their own timeline, rather than at the same time as the main applicant.
• Retrospective effect, applying to everyone who does not yet hold ILR, with abolition of the 10-year Long Residence route.

The consultation received more than 200,000 responses. The House of Commons Home Affairs Committee urged the Government to get the changes right rather than rush them, and the House of Lords Justice and Home Affairs Committee opposed the 10-year baseline and any retrospective effect. Read our summary of the Lords report. Opposition parties have set out different plans – see how Reform UK’s proposals compare.

When will the new ILR rules take effect?

There is no confirmed date. In March 2026, the Home Secretary said the changes would take effect in autumn 2026, but that timetable appears to have slipped. Giving evidence to the Home Affairs Committee on 15 September 2026, the Home Secretary made four points:

• The new settlement policy, including any transitional arrangements, will be set out later in 2026.
• This will happen in good time before February 2027, when the first people who arrived in 2022 would qualify under the current rules.
• The rules that apply to you are those in force when you apply, not when you arrived.
• No minimum notice period has been promised. Changes will be published in the usual way, through a Statement of Changes to the Immigration Rules.

By convention, rule changes are usually published at least 21 days before they take effect, but this is not guaranteed. If you are close to qualifying, plan on the basis that you may have little notice.

Will the changes affect people already in the UK?

The consultation proposed that these changes would apply to everyone on a route to settlement who does not hold ILR at the time the changes come into force. The Home Secretary has since confirmed that the new model is intended to apply to more than just new arrivals. However, the use of transitional provisions – which could, for example, allow those who are close to qualifying for ILR to rely on the old rules – remain a possibility.

At the Labour Party Conference, the Home Secretary appeared to suggest that this proposed retrospective approach might be subject to review – accepting that “some have said elements of these reforms are not fair” and stating that the changes to legal migration must be “fair to those already here”. The Prime Minister has since said that the new rules must “strike the right balance” and confirmed that the Government are in the process of reviewing the responses to the consultation.

These comments may be a source of optimism for those already in the UK, as they might indicate that the reforms will not be applied retrospectively – but while we wait for confirmation of the new policy, significant uncertainty remains.

Some groups fall outside the scope of these proposals. People who already have ILR will keep it, and status under and eligibility for the EU Settlement Scheme is unchanged. Our current understanding is that family members of British citizens and British National (Overseas) visa holders will also retain their 5-year route.

What should you do now?

Until the rules change, you can apply under the current rules as soon as you qualify. Our practical steps:

• Apply promptly if you are eligible. If you reach your qualifying date before any change takes effect, applying straight away is the surest way to benefit from the current rules.
• Check your continuous residence. On most routes, spending more than 180 days outside the UK in any 12-month period breaks your continuous residence, so count your absences carefully.
• Plan for B2 English. If you will apply on or after 26 March 2027, you will need B2 on most routes. Read our guide to the B2 requirement.
• Book the Life in the UK test in good time if you have not already passed it.
• Think about British citizenship. Once you have ILR, you can usually apply for citizenship after 12 months, or straight away if you are married to a British citizen. Citizenship is the most secure status (particularly in light of Reform UK’s comments about stripping ILR status from those who hold it) and also allows you to apply for a British passport.
• Employers: review which sponsored workers are approaching settlement, and budget for visa extensions if their timelines are likely to lengthen under the proposals.

Frequently asked questions

Has ILR changed from five years to 10 years?

No. As of the date of publication, the 5-year routes are still in the Immigration Rules. The 10-year baseline is a proposal and will only apply once new rules are laid before Parliament and take effect.

If I qualify in early 2027, which rules will apply?

The rules in force on the date you apply. The Government has said it will publish its policy before February 2027, so check this page and take advice before your qualifying date. If you apply on or after 26 March 2027, the B2 English requirement will also apply.

Will my partner and children qualify at the same time as me?

Under the current rules, dependants usually qualify alongside the main applicant. The consultation proposed that they should qualify on their own timeline instead. This has not been confirmed.

How FSP can help

Our immigration team advises individuals and employers across Reading, the Thames Valley and beyond on settlement and citizenship. We can check your eligibility and qualifying date, review your absences and prepare your ILR or citizenship application – and we will tell you promptly if the rules change in a way that affects you. Employers can speak to our business immigration lawyers about the impact on sponsored staff.

Callum De Freitas is an Associate in our Employment and Immigration teams, having joined FSP in July 2020. He advises businesses and individuals on Skilled Worker visas, sponsor licences, ILR and British citizenship, and uses his employment law background to advise employers on associated employment risks when hiring and sponsoring migrant workers,

Callum is a member of the Employment Lawyers’ Association and the Immigration Law Practitioners’ Association. He has delivered training on the Right to Work regime and talks on the 2025 Immigration White Paper and associated ILR changes.

Worried about how these settlement changes affect you or your staff? Speak to our immigration team: call 0118 217 6060, or get in touch via our online enquiry form. You will find us at 1 London Street, Reading RG1 4PN.