The UK Government has unveiled a landmark proposal that could fundamentally transform the route to permanent residence for migrants. The consultation paper titled ‘A Fairer Pathway to Settlement’ proposes a new framework in which the standard qualifying period for Indefinite Leave to Remain (ILR) would increase from five years to ten. This shift forms part of a wider move towards a settlement system based not solely on time spent in the UK, but on demonstrable character, contribution, and so forth. The proposal represents one of the most significant potential reforms to the UK’s settlement system in decades, signalling a structural move away from time-based eligibility toward a contribution-driven model.
Although the Government has set out its intended structure for the new framework, it is important to remember that these proposals have not yet been enacted into law. They are currently subject to a national public consultation, open until 12 February 2026. Once the consultation concludes, the Government will review the feedback and proceed to draft legislation for Parliamentary consideration. Until any official changes are passed, the current settlement rules will remain in force.
Why the Government Is Reforming Settlement
Across government statements, white papers, official consultations and public announcements, government officials have consistently emphasised a single principle; settlement should be earned. The government argues that rising net migration levels, changing economic patterns, shifting dependency trends, and increasing pressures on housing, services and public finances necessitate a more selective, contribution-based model.
Settlement is currently viewed by the government as both a privilege and the final step toward full civic integration. According to figures shared by the Government’s Command Paper, more than 1.6 million people are forecast to reach settlement eligibility between 2026 and 2030. Ministers argue that the existing five-year standard fails to incentivise sustained economic contribution, voluntary community participation and long-term residency stability, while also providing early access to benefits.
As framed by the government, the intention is not simply to delay settlement. Rather, the aim is to reward individuals who demonstrate higher levels of economic contribution, social integration, and participation in public services.
The Core Structure of the Earned Settlement Proposal
The new framework for Indefinite Leave to Remain is defined by four pillars, which collectively determine the required period in the UK before settlement can be granted. These pillars will be central to all Indefinite Leave to Remain decisions going forward.
- Character: This reflects criminality, personal conduct, honesty in previous immigration applications and compliance with public obligations. The Home Office has indicated that thresholds will be tightened, and that any criminal record may act as a barrier to settlement.
- Integration: This will reflect language proficiency, community participation and familiarity with life in the UK. Applicants will be expected to demonstrate English language ability at B2 level under current proposals, alongside passing the Life in the UK test.
- Contribution: This forms the core of the proposed policy shift. Contribution will be primarily assessed through annual income levels, taxation, and participation in key public service occupations. High-income earners, workers in key frontline roles, and individuals on recognised innovation-focused routes may be eligible for reduced settlement timelines.
- Residence: This ensures that lawful and continuous presence in the UK remains essential. However, the Home Office has emphasised that residence alone will no longer be sufficient to obtain settlement.
Under the new standards, the minimum qualifying period will rise from five years to ten. For many lower-income workers and those who have claimed benefits, this may extend to fifteen or even twenty years. Illegal entrants and long-term overstayers may face pathways lasting up to thirty years.
Proposed Settlement Timelines Under the Earned Settlement Framework
Under the government’s Indefinite Leave to Remain proposed model, the standard qualifying period for settlement would increase to 10 years, replacing the existing five-year pathway for most applicants. However, this period may be adjusted depending on the applicant’s individual circumstances, conduct, financial independence, employment sector, and level of contribution to the UK.
Applicants in lower-paid roles, particularly those below RQF Level 6, are expected to face an extended timeline of approximately 15 years on a route to settlement. Those who have claimed benefits for less than 12 months may be required to wait 15 years, while those who have claimed benefits for more than 12 months may be required to wait 20 years to become eligible for Indefinite Leave to Remain. Where applicants have breached immigration rules, such as through unlawful entry, overstaying, or improper switching, a qualifying period of up to 30 years may apply.
Conversely, accelerated routes would remain available in limited circumstances. Individuals in recognised high-skill or high-contribution categories, including Global Talent visa, Innovator Founder visa, and higher-rate taxpayers, may qualify in as little as three years, provided mandatory conditions are met. Skilled public-service professionals, such as NHS medical staffs including doctors and nurses and teachers, are expected to retain a five-year pathway based on their essential contribution.
These timelines form part of the public consultation and remain subject to revision before any legal implementation.
The proposal document outlines certain factors that may reduce the baseline qualifying period for Indefinite Leave to Remain, including:
- C1-level English language proficiency (a reduction of 1 year)
- Taxable income of £125,140 per year for three consecutive years (a reduction of 7 years)
- Employment in certain public-sector roles (a reduction of 5 years)
- Volunteering within the community (a reduction of 3 to 5 years)
- Applicants with permission as a parent, partner, or child of a British citizen who meet the core family requirements (a reduction of 5 years)
- Applicants under the BN(O) (Hong Kong) route (a reduction of 5 years)
- Main applicants who have completed three years under the Global Talent or Innovator Founder visa (a reduction of 7 years)
- Specific vulnerable groups (subject to consultation)
The exact years remain subject to consultation and are not set in policy.
Conversely, the document also sets out several factors that may increase the baseline qualifying period for Indefinite Leave to Remain, including:
- Receiving public funds for less than 12 months (additional 5 years)
- Receiving public funds for more than 12 months (additional 10 years)
- Illegal arrival in the UK via small boat or clandestine entry (additional up to 20 years)
- Entering the UK on a visit visa and remaining unlawfully (additional up to 20 years)
- A history of overstaying in the UK for six months or more (additional up to 20 years)
How Dependant Rules May Change
Dependants will no longer automatically follow the main applicant into settlement. Under the proposal, adult dependants may be assessed independently under the same four-pillar framework. The Government is consulting on whether dependants should meet their own contribution and integration requirements, and how children should transition into settlement. Their qualifying period for Indefinite Leave to Remain may therefore be shorter or longer depending on their personal integration, criminality, and contribution history.
Children who began their stay as minors are one of the groups specifically highlighted in the consultation, and the government is seeking views on whether they should keep shorter or more flexible routes to settlement, including possible transitional arrangements. This indicates a clear move toward individualised assessment instead of automatic cohort progression.
Who Will Remain Unaffected by the Proposed Changes?
It is important to note that not everyone will be impacted by the new settlement rules. Several groups will continue on their current settlement pathways, including:
- Those who currently possess Indefinite Leave to Remain (ILR)
- Individuals who hold settled status through the EU Settlement Scheme
- Applicants in the BN(O) route (not subject to consultation)
- Eligible family members of British citizens (not subject to consultation)
- Members of HM Armed Forces
- Beneficiaries of the Windrush scheme
How Earned Settlement Will Operate
Although the full legislative detail is pending the outcome of the Indefinite Leave to Remain consultation, the conceptual structure of the system has been established.
Each applicant will undergo mandatory assessments of suitability and integration. The proposal then provides for adjustments based on positive contribution factors or negative compliance history. This means that settlement timelines will become personalised rather than fixed, allowing accelerated or extended pathways on a case-by-case basis.
Government commentary suggests that this individualised model is intended to reflect fairness: those who contribute more to national life may secure settlement more quickly, while those who place a greater burden on public resources will be required to earn trust over a longer period.
How the Consultation Works and What It Means
It is important to emphasise that the new settlement system is not yet law. The proposals are currently subject to public consultation through an official Home Office mechanism titled ‘Earned Settlement Consultation’. The Indefinite Leave to remain consultation is open until 23:59 on 12 February 2026, during which the individuals, organisations and other stakeholders may provide feedback.
Following the Indefinite Leave to remain consultation, the Home Office will review responses, assess political, economic and operational implications, and prepare final policy instructions. Only after this stage can the policy be converted into binding law or official immigration rules.
When Will These Reforms Take Effect?
The government has outlined an indicative timeline. Following the Indefinite Leave to remain consultation, the proposed changes will be drafted into a Statement of Changes and laid before both Houses of Parliament (the House of Commons and the House of Lords). The settlement reforms are expected to become operational from April 2026.
Migrants who are due to reach settlement before that date may still be affected, depending on whether temporary transitional safeguards are introduced. The government has not yet committed to these protections, although it is actively seeking views.
Outlook for the Future
If enacted as proposed, the earned settlement model would significantly alter the trajectory of long-term immigration. It would redefine access to permanence, restructure incentives across employment sectors, and impose economic expectations not previously associated with Indefinite Leave to Remain.
At the same time, the proposals raise complex questions around legal certainty, fairness, business competitiveness, healthcare workforce stability and integration outcomes.
The Indefinite Leave to remain consultation period is therefore critical, as its outcome will determine whether adjustments, exemptions or safeguards are introduced.
A Changing Road to Settlement: Final Thought
The Indefinite Leave to remain consultation 2025 signals a major shift in how migrants can secure long-term residence in the UK. With proposals for longer qualifying periods and contribution-based criteria, the pathway to settlement is set to become more selective and demanding. As the consultation progresses, applicants and employers should remain informed, prepare early, and adjust their plans to ensure a smooth transition under the future rules.
