In one of the biggest shake-ups of UK immigration policy, the Home Secretary has announced a major overhaul of qualification to settle in the UK and called for the public, businesses and other stakeholders to respond to an open consultation.
Indefinite Leave to Remain (‘ILR’) is a UK immigration status that allows people to live, work, and study in the UK without the time restrictions of a temporary visa, sponsorship by an employer or being dependent on a family member. ILR is commonly called ‘settlement’ and after a year, those that meet requirements, such as continuous and lawful residence, can apply for British citizenship.
Since 2006 those qualifying on work immigration routes have been able to settle after five years on a qualifying route (previously four years). Partners on family visas have been able to qualify after five years since 2012 when the qualifying period went up from two years (or immediately with no qualifying period for those married for at least four years).
On 20 November 2025, the UK Government launched an open consultation on “earned settlement”: their new plans to increase the standard qualifying period for settlement from five years to 10 years for most immigrants.
A parliamentary statement by the Home Secretary Shabana Mahmood added more details to the proposals first floated in the UK Government’s Immigration White Paper last May.
The Home Secretary suggested that rules would not change for those already granted ILR, but they would for those still on immigration routes to ILR. The Home Secretary anticipates a phased rollout of the changes from April 2026. While the standard route would now be doubled to 10 years for most applicants, she said the Government is open to hearing from people and organisations on proposals of how certain people, for example public servants, would be able to “earn” a shorter route to settlement, while others may face longer qualifying periods, for example if someone has claimed welfare benefits. Shabana Mahmood called on “all those interested to make their voices heard.”
The consultation runs until 23:59 on 12 February 2026. Any business or person who wishes to contribute to this consultation can respond by following this link.
What Will These ILR Changes Mean for Employers?
It seems that many on Britain’s most common work visa – the Skilled Worker route may earn enough to keep their five-year route to settlement if they can pay higher bands of tax (£50,270+ is proposed) or qualify for a shorter route than ten years in one of the other ways proposed. However, this cohort will still be subject to adverse factors that may increase their qualifying period, like previous overstaying or not being in a job role skilled at RQF6+. They or their dependent partners may now face difficulties with an English attainment level equivalent to A level. There will be many, too, who will not qualify for a reduction in the qualifying period on the basis of their salary or via volunteering – which is another suggestion.
For those facing longer qualifying periods to settlement there may be a substantial increase in the costs for their employers associated with sponsoring a Skilled Worker for longer, particularly for employers who opt to pay for their sponsored workers’ application fees. There will also be the further cost of an additional five years of the Immigration Skills Charge, which is set to rise by 32%.
When Can We Expect the Changes to be Implemented?
The Home Secretary told the House of Commons that the consultation will end on 12 February 2026 and that she expects to start implementing these changes in April 2026, so we expect the details of these changes in March. It is customary for a Statement of Changes to the Immigration Rules to be laid before Parliament in mid-March, coming into force 21 days later around 5 April. Some elements of these changes will take longer to implement.
What Changes Are Happening and Not Up for Consultation?
The Home Secretary explained that some of the changes to settlement will not be subject to the consultation the Home Office is carrying out.
- The new ILR rules will apply to immigrants already in the UK with temporary leave as well as those applying for a visa after they are enacted.
- The Home Secretary said the rules would be enacted starting this April, with some of the more difficult changes following later.
- Though changes would affect those on a route to ILR who had not yet reached the requisite lawful residence in the UK by April, the Secretary for State added that the consultation would look at transitionary measures.
- The current five-year baseline to ILR will double to 10. Certain contributions will allow some to earn a shorter path to settlement. Others who have relied on state benefits or broken immigration laws face longer qualifying periods.
- A certain amount of National Insurance will have to have been paid to qualify for ILR.
- The applicant will be required to not have a current litigation, NHS, tax or other government debt at the time of application.
- There will also be a higher English language requirement, equivalent to foreign language A-level.
- It is proposed that the current criminality requirement of not having a custodial sentence of over 12 months will change to “a clean criminal record” subject to a review of criminality thresholds across all immigration routes.
- Many will earn enough taxable income to “earn” suggested shorter routes to settlement of three or five years by earning figures well above the minimum salary threshold for Skilled Workers. Others will enjoy a five-year route to ILR by working in certain more skilled roles in the public sector, or through voluntary work.
- The Home Secretary insisted that unlike the Reform UK Party’s proposals, a Labour Government would not remove or change peoples settled status once they had earned it.
- For those on the EU Settled Status path five years will remain the norm. Likewise, those who hold permission as the parent/partner/child of a British citizen and meet core family requirements, as well as British Nationals (Overseas) (BN(O)s) from Hong Kong. (Assuming there are no factors that would increase their qualifying period, such as current or previous overstaying, and they meet requirements such as English attainment and clean criminal records.) There is still no clarity on what the new standard qualifying period for family dependants of settled people will be, including Irish citizens.
Which Changes to Settlement is the Government Consulting on?
The Home Secretary said she would consult on the following changes, adding that anyone is invited to respond with opinions on the following:
- Transitional arrangements to “ease the impact” – though the Home Secretary insists the changes will apply to everyone who hasn’t been granted settlement when the rules are implemented.
- Those on work visas in roles at a skill level under the new standard minimum Skilled Worker level of RQF6 (degree level in job role skill level, not necessarily educational attainment) – for example people working on the Temporary Shortage List and other Skilled Workers already in the UK on lower skill levels – there is a suggestion that they face a 15-year route to ILR.
- How shorter routes to ILR will be earned – it is proposed that those on a taxable annual income of £50,270 or above in the three years prior to applying would earn a five-year route, while an income of £125,140 and upwards would mean just three years, as would three years on an Innovator Founder or Global Talent visa. It is also proposed that certain public servants of the right skill level and those who volunteer may also earn a five-year path – the government is open to suggestion as to how that might work.
- Settlement paths for cohorts who have had easier requirements, including children, victims of domestic violence, adult dependent relatives, armed forces and bereaved family members. These groups are likely to avoid the harsh changes other immigrants face, but the consultation will be examining how.
- Whether ILR affords rights to welfare and council housing as it does now, or whether these rights only come with citizenship.
Who Can Respond to the Government Consultation?
The consultation is open to anyone who wishes to share their views, including individuals, organisations and other stakeholders who may be affected by or have an interest in the proposed changes. The Home Office will also carry out separate, targeted research during the consultation period to explore potential impacts on those currently on a pathway to settlement.
How Do I Respond to the Consultation on Earned Settlement?
The ‘Fairer Pathway to Settlement’ consultation seeks to gather feedback from businesses and members of the public from now until 23:59 on 12 February 2026 to inform the Government’s policies. Any business or person who wishes to contribute to this consultation can respond by following this link.
What Questions Are the UK Government Asking in the ILR Consultation?
You can review the consultation questions in advance by reviewing the pdf version here, starting at Annex B on page 36.
In advance of completing the questionnaire, please note that together with multiple choice answers (which you may review in the above document) it includes questions where you may reply in a free text box. It may be useful to prepare your responses in advance if you have considered answers or where you may require some prior preparation or consultation with members of your organisation first.
