ILR changes explained: what the 10-year settlement plan means

The government has set out its plans for earned settlement, with some of the original proposals dropped or softened following consultation.

At a glance

• The standard qualifying period for indefinite leave to remain (ILR) will rise from 5 to 10 years.
   
• Shorter pathways of 3 and 5 years apply to high earners, public service workers, and people with a British connection.
   
• The changes are not law yet. The Home Secretary told MPs they will begin to be laid from December and implemented over 2027.
   
• Most people already in the UK are not protected. If you are eligible for ILR now, apply before the rules change.

On 2 November 2026, the Home Secretary, Shabana Mahmood, set out the government’s final decisions on reforming indefinite leave to remain (ILR) in a statement to the House of Commons. Alongside it, the government published its response to the consultation A Fairer Pathway to Settlement (CP 1707), which received 204,667 responses.

The headline is that 10 years becomes the standard qualifying period for settlement. Shorter pathways are available for high earners, public service workers, and people with a British connection, and longer ones apply to people with immigration breaches or who have used public funds. Some of the toughest proposals from the consultation have been dropped or softened.

Below is our summary of what has been decided, what has not, and what you should be doing now.

The law has not changed yet

The consultation response sets out policy. It does not give a commencement date, and no Statement of Changes to the Immigration Rules putting the new framework into effect has been published with it. The government has said it will publish further guidance before implementation.

However, answering MPs’ questions after her statement, the Home Secretary said the changes will begin to be laid from the December Statement of Changes to the Immigration Rules and will be implemented over the course of 2027. In practice, the reforms are likely to be introduced in stages, so each Statement of Changes will need checking for its commencement dates and any transitional provisions.

Until the new rules are laid and come into force, ILR applications continue to be decided under the current Immigration Rules.

Whether you’re applying for indefinite leave to remain or sponsoring workers, contact Sanae Sahebjalal and our immigration team for advice on what the earned settlement plans could mean for you.

The new ILR pathways

Every applicant will be placed on one of four pathways.

The 3-, 5-, and 10-year pathways are not available to anyone who has accessed specified public funds in the 5 years before applying, or who has committed a specified immigration breach as an adult (for example, overstaying, breaching conditions, or using deception).

What has been dropped or softened

• No 15-year pathway for lower-skilled workers. Workers in roles below degree level (RQF 6) now go on the standard 10-year pathway.
   
• Protection for existing care workers. Care workers who entered or switched into the route before the Immigration White Paper was published on 12 May 2025 keep the 5-year qualifying period if they meet the £25,000 salary requirement and the sponsorship, employment, and mandatory requirements. Those who did not meet their visa conditions can apply for a further five-year care visa that is not tied to their previous employer.
   
• Lower-paid public service workers. Workers below RQF 6 on national pay scales, such as nursing auxiliaries and teaching assistants, who arrived before May 2025 keep a one-off 5-year route.
   
• Volunteering will not reduce the qualifying period, and neither will C1-level English.

New mandatory requirements for ILR

Whichever pathway applies, applicants must meet all of the following requirements.

• Good character and suitability. Any adult with a UK criminal record will be refused settlement. Overseas convictions for conduct that would be a UK offence will also normally lead to refusal.
   
• No outstanding government debt, including NHS charges, tax, National Insurance, and Home Office litigation costs.
   
• English language at B2. Existing exemptions continue for children, people aged 65 and over, and people with a qualifying physical or mental condition.
   
• The Life in the UK test, which is under review.
   
• A minimum contribution. At least three years of National Insurance contributions, at earnings of at least £12,571 a year (the threshold for the basic rate of income tax). Note that the government’s response is not wholly consistent on the number of years, so the final Immigration Rules should be checked. A couple’s household threshold is £25,142.
   
• No use of specified public funds in the 5 years before applying, unless an exemption applies.

Public service workers

The 5-year public service pathway covers about 30 health and education occupations paid on national pay scales, listed in Annex C of the response. They include doctors, nurses and midwives, allied health professionals such as physiotherapists, paramedics and radiographers, pharmacists, dentists, teachers and head teachers, and social workers.

Families and dependants

• Partners of British citizens and other eligible family members with a British connection keep a 5-year pathway. Family routes not sponsored by a British citizen move to a longer pathway.
   
• Partners who arrive with the main applicant can settle at the same time, provided they meet the requirements. Partners who join later will normally need to complete the same qualifying period themselves.
   
• Children under 18 are exempt from the income, debt, English language, and Life in the UK requirements, but not from suitability and criminality checks.
   
• Young adults aged 18 to 24 who hold child dependant status are exempt from the individual income requirement. From 25, they must qualify independently or move to a route in their own right.

Other key changes

• The 10-year Long Residence route will close. Time on routes such as Student, Graduate, Visitor, Youth Mobility, Seasonal Worker, and Global Business Mobility will not count towards settlement.
   
• Refugees. Refugees arriving through safe and legal routes, such as the UK Resettlement Scheme, can settle after 5 years. People on Protection Work and Study need 10 years, and Core Protection becomes a 20-year pathway. Anyone who entered illegally will ordinarily face an additional 10 years, unless Article 31 of the Refugee Convention applies.
   
• Armed Forces members can settle after at least 4 years’ reckonable service.
   
• Bereaved partners and victims of domestic abuse can still qualify for immediate settlement.
   
• BN(O) Hong Kong visa holders remain on a 5-year route, subject to the strengthened criminality and English requirements. Legacy routes such as Windrush are also unchanged.
   
• EU Settlement Scheme holders are not affected.

Do the new ILR rules apply to people already in the UK?

In most cases, yes. Apart from the specific protections for care workers, lower-paid public service workers, and a pre-April 2024 Skilled Worker cohort (who can extend their visas on current terms until 2035), the government says the transitional arrangements do not create a wider exemption for everyone already living in the UK. The Home Secretary also confirmed that ILR applications are decided under the Immigration Rules in force at the date of decision.

This reflects long-standing law. In Odelola v Secretary of State for the Home Department [2009] UKHL 25, the House of Lords held that the Immigration Rules are statements of policy and that an application is decided under the rules in force when the decision is made, not when the application was submitted. The Home Secretary has previously said that people who already hold ILR will not be affected.

Not sure whether you are protected? Speak to SO Legal’s immigration team today. Call [phone], email [email], or [book a consultation online].

What you should do now

The steps you can take now depend on whether you’re planning your own settlement application or sponsoring workers.

For individuals

• If you are eligible for ILR now, apply as soon as you can. Applications are decided under the rules in force at the date of decision, so waiting carries real risk.
   
• Check your earnings history. Work out which pathway your earnings over the last 4 to 7 years would put you on.
   
• Deal with any debts, including NHS charges, tax, and National Insurance, and review any past use of public funds.
   
• Prepare for B2 English. Under the existing Statement of Changes HC 1691, B2 already applies to many settlement applications made on or after 26 March 2027.

For employers and sponsors

• Audit your sponsored workforce. Map each worker’s expected settlement date and likely pathway.
   
• Review pay structures. The £50,271 and £125,141 thresholds may affect recruitment and retention.
   
• Budget for longer sponsorship. Workers on the 10-year pathway will need more extension applications and Certificates of Sponsorship, and possibly more Immigration Skills Charge payments.
   
• Care sector sponsors should check that pre-May 2025 care workers meet the £25,000 salary requirement so they keep their 5-year route.

Frequently asked questions about earned settlement

The answers below cover when the changes are expected, who could still qualify after five years, and what the plans mean for people already in the UK.

1. Is ILR changing from 5 years to 10 years?

   Yes. Under the earned settlement model, 10 years becomes the default qualifying period for ILR. Some people can qualify sooner. They can qualify after 3 years with earnings of at least £125,141 or on the highest talent routes, and after 5 years with earnings of at least £50,271, in eligible public service roles, or with a British connection

2. When do the new ILR rules start?

   No commencement date has been published. The Home Secretary told MPs on 2 November 2026 that the changes will begin to be laid from the December Statement of Changes and will be implemented over the course of 2027.

3. Can I still apply for ILR after 5 years?

   Yes, for now. Until the new rules come into force, ILR applications are decided under the current Immigration Rules. If you already qualify, applying promptly is the safest course.

4. I am on a Skilled Worker visa. Will the new rules apply to me?

   In most cases, yes. The government has confirmed there is no general exemption for people already in the UK, and applications are decided under the rules in force at the date of decision. Your pathway will depend largely on your earnings. Specific protections apply to some care workers, lower-paid public service workers, and a pre-April 2024 Skilled Worker cohort.

5. Do care workers still qualify for ILR after 5 years?

   Care workers who entered or switched into the route before 12 May 2025, earned at least £25,000 a year in the sector, and complied with their visa conditions keep their 5-year route. Others can apply for a further 5-year care visa that is not tied to their previous employer.

6. Is the 10-year Long Residence route closing?

   Yes. The government has confirmed that the Long Residence route will close under earned settlement. No closure date has been published, so anyone who qualifies now should consider applying without delay.

7. Will people who already have ILR or EU settled status be affected?

   No. EU Settlement Scheme status is unaffected, and the Home Secretary has said the rules will not change for people who already hold settled status.

How our solicitors can help

Our immigration team advises individuals, families, and businesses on settlement, sponsorship, and British nationality. We can help you with the following.

• Check your ILR eligibility under the current rules and identify your likely pathway under earned settlement.
   
• Prepare and submit your ILR application before the new rules take effect.
   
• Review your sponsored workforce and sponsor licence compliance, and plan for longer sponsorship periods.
   
• Advise on British citizenship once you have settled status.

If you’re planning to apply for indefinite leave to remain or you employ sponsored workers, speak to our business immigration solicitors about how the proposed changes could affect you.

This article summarises the Home Secretary’s oral statement to Parliament and the government’s consultation response, A Fairer Pathway to Settlement (CP 1707), both of 2 November 2026. It is general information only and is not legal advice. The framework has not yet been implemented, and the final Immigration Rules and guidance may differ. Please take specific advice before making any application.