Earned Settlement Explained: Is UK ILR Moving to 10 Years?

No: as of October 2026, UK indefinite leave to remain is still available after 5 years on most work and partner routes. “Earned settlement”, which would make 10 years the standard qualifying period, is a government proposal that went to consultation from November 2025 to February 2026. The government says it will publish its final policy before the end of 2026, and it would then need new Immigration Rules.

Key points

• Law today: 5-year routes (3 years for Global Talent and Innovator Founder) still apply (GOV.UK ILR).
• Proposal: 10-year baseline, with reductions (for example −5 years for income over £50,270) and increases (for example +5 or +10 years for benefit use) (consultation).
• Status: consultation closed 12 February 2026; GOV.UK says the government is “analysing your feedback”.
• Timing: the Home Secretary said on 15 September 2026 that the policy will come before the end of 2026, with no minimum notice period promised.
• Separate, already scheduled change: B2 English for settlement from 26 March 2027.

What is law and what is proposed

Topic	Current law (October 2026)	Earned settlement proposal
Standard qualifying period	5 years (most work and partner routes)	10 years
Roles below RQF 6 (e.g. some care roles)	5 years	15 years (under consultation)
Global Talent / Innovator Founder	3 years (Global Talent 3 or 5)	Generally 3 years
Partner of a British citizen	5 years	5 years
BN(O)	5 years	5 years
English at settlement	B1 (B2 from 26 March 2027)	B2 mandatory; C1 brings a reduction
Life in the UK test	Required (18–64)	Required
Earnings condition	Route-specific	Earnings above £12,570 for 3–5 years
Refugees (in-country claims)	Route-specific	20-year starting point

The proposals come from the consultation document A Fairer Pathway to Settlement, published on 20 November 2025.

How the proposed model works

The consultation describes a “time adjustment” model. Everyone starts from a 10-year baseline. You must meet mandatory requirements, and then your qualifying period is shortened or lengthened depending on your circumstances. Only one reduction and one increase from each table would apply.

Mandatory requirements (proposed)

1. Suitability: no criminal convictions under the suitability rules, and no litigation, NHS, tax or other government debt.
2. Integration: English at B2 and a pass in the Life in the UK test.
3. Contribution: annual earnings above £12,570 for a minimum of 3 to 5 years (the length was under consultation).

Proposed reductions

Factor	Reduction from 10 years
C1 English	−1 year
Taxable income above £50,270 for 3 years	−5 years
Taxable income above £125,140 for 3 years	−7 years
5 years in a specified public service occupation	−5 years
Community volunteering	−3 to 5 years
Partner, parent or child of a British citizen	−5 years (not consulted on)
BN(O) route	−5 years (not consulted on)
3 years’ continuous residence on Global Talent or Innovator Founder	−7 years

Proposed increases

Factor	Increase
Public funds received for under 12 months	+5 years
Public funds received for over 12 months	+10 years
Entered the UK illegally	Up to +20 years
Entered on a visit visa (and stayed)	Up to +20 years
Overstayed by 6 months or more	Up to +20 years

Source: consultation document, Tables 2 and 3.

Illustrations under the proposals

These are illustrations of how the proposals could work if they became law unchanged. They are not predictions.

• Skilled Worker earning £45,000 with B2 English: no income reduction applies (below £50,270), so 10 years.
• Skilled Worker earning £55,000 for 3 years: 10 − 5 = 5 years.
• Senior care worker in an RQF 3 role: 15-year baseline (under consultation).
• Spouse of a British citizen: 5 years, as now.
• Global Talent holder: generally 3 years.

Who would be affected?

The consultation proposed applying the new model to everyone who does not yet hold ILR when the rules change, including people already on a 5-year route. It asked whether transitional arrangements should apply to people already on a pathway. People who already have ILR, settled status under the EU Settlement Scheme or Windrush grants would not be affected.

Dependants would be assessed on their own circumstances and could have a different qualifying period from the main applicant. Children who came as dependants would keep a window to settle alongside their parents, with an age-based cut-off being developed.

Parliamentary scrutiny

• The Commons Home Affairs Committee reported in March 2026 and urged the government to get the changes right rather than rush them (committee report).
• The Lords Justice and Home Affairs Committee opposed the 10-year baseline and applying the changes to people already in the UK, according to a summary by the Work Rights Centre.
• The government has not yet published its response to the consultation.

The latest position (15 September 2026)

Giving evidence to the Home Affairs Committee on 15 September 2026, the Home Secretary said (Lewis Silkin summary):

• The settlement policy, with transitional arrangements, will be published “later this year”, in good time before February 2027, when the first people who arrived in 2022 reach 5 years.
• She gave no specific date, citing the volume of consultation responses, longer-than-expected modelling and the change of Prime Minister.
• Transitional options under consideration range from keeping current treatment for some groups, to “passporting certain cohorts through” so they still qualify at 5 years, to different approaches for other cohorts.
• She did not commit to a minimum notice period. Changes would be made through a Statement of Changes in the usual way.

Because there may be little notice, people close to qualifying should be ready to apply quickly.

What to do before the rules land

1. Know your exact qualifying date. You can apply up to 28 days before it. Our ILR guide explains how to calculate it.
2. Apply when you are eligible. Applications are normally decided under the rules in force on the date you apply.
3. Pass the Life in the UK test now. A pass does not expire.
4. Work on your English. B2 becomes the settlement standard from 26 March 2027 regardless of earned settlement. See ILR English rising to B2.
5. Keep your record clean. Avoid public funds you are not entitled to, pay any NHS charges, and keep your permission valid.
6. Check your absences against the 180-day rule.
7. Keep evidence of earnings. P60s and payslips may matter if income-based reductions are adopted.

If you are a few months from qualifying, or your situation involves gaps, benefits or a refusal history, speak to an OISC-regulated adviser or solicitor.

What to do next

• Bookmark the official consultation page. The outcome will be published there.
• Follow our updates page and UK hub. We will rewrite this post as soon as the policy is published.
• If you are on the partner route, our spouse visa guide explains the current 5-year path.