On 2 November 2026, the Home Office published A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707), confirming how indefinite leave to remain (ILR) will work under earned settlement. For most migrants, the standard wait for ILR will double from five years to ten. The Home Secretary set out the reforms in the House of Commons the same day.
For most migrants, the standard qualifying period for Indefinite Leave to Remain in the UK will increase from five years to ten. Some applicants will qualify sooner, after three or five years, based on their earnings, occupation or British connection. Others will face significantly longer qualifying periods because of immigration breaches, reliance on public funds or illegal entry. All applicants will also need to meet stricter Indefinite Leave to Remain requirements on criminality, government debt and English language.
The new rules are not yet in force, and no implementation date has been confirmed. Even so, the reforms will shape the plans of most migrants currently on a route to settlement. This article explains the indefinite leave to remain latest update in clear terms, covering the new pathways, the mandatory requirements, the position of each main group of migrants, the transitional arrangements and the issues still awaiting confirmation.
The Indefinite Leave to Remain Changes at a Glance
- Standard route: 10 years, replacing the 5-year period that currently applies on most routes.
- Fastest route: 3 years for those earning at least £125,141, and for a Highest Talent Group, whose scope is subject to a MAC review.
- 5-year route: for those earning at least £50,271, eligible health and education professionals and people with a recognised British connection.
- 20-year route: for applicants with adult immigration breaches, recent use of public funds, or Core Protection refugees.
- Illegal entry: an additional 10 years, subject to a Refugee Convention safeguard.
- Mandatory for all: a clean criminal record (any UK criminal record for adults, and overseas convictions where the underlying conduct would be an offence in the UK), no government debt, B2 English, the Life in the UK test and sustained economic contribution.
- Existing Indefinite Leave to Remain holders: The Home Office indicated in November 2025 that existing Indefinite Leave to Remain holders would not be affected, and the response proposes no change to settled status.
- Start date: not yet confirmed.
What Is Indefinite Leave to Remain?
Indefinite leave to remain is the UK’s main form of permanent residence, commonly known as settlement. A person with Indefinite Leave to Remain can live in the UK with no time limit on their stay. According to the Home Office, settlement provides the right to remain permanently, unrestricted access to the labour market and access to public funds and social housing. ILR can, however, lapse if the holder spends more than two continuous years outside the UK.
Indefinite Leave to Remain is also an important step towards British citizenship. Most applicants for naturalisation must hold settled status before applying, and a child born in the UK to a settled parent automatically acquires British citizenship.
Under the current system, most migrants on a route to settlement can apply for Indefinite Leave to Remain after five years of continuous residence, provided they meet the requirements of their visa route. Under earned settlement, length of residence will no longer be the main factor. Eligibility will instead be assessed against four principles set by the government: character, contribution, integration and residence.
Why the Government Is Changing the UK Settlement Rules
The reform began with the Immigration White Paper, published on 12 May 2025, which committed the government to raising the baseline qualifying period for settlement from five years to ten. In November 2025, the Home Office opened a public consultation on how the new system should work in practice. It received 204,667 responses, of which 202,241 came from individuals and 2,426 from organisations. Around 73% of individual respondents were visa holders.
The government’s position is that settlement should reflect contribution and compliance with the rules, rather than length of residence alone. The final model, however, departs from the original proposals in several respects. The planned 15-year pathway for workers in roles below degree level has been dropped, couples will be able to combine their income, and targeted transitional protection has been introduced for certain care, health and education workers.
The reforms will also have a substantial effect on settlement numbers. The Home Office estimates that, without reform, around 1.9 million people would settle in the UK between 2026 and 2030. Under earned settlement, more than 500,000 of them will become eligible later than they otherwise would, reducing that central estimate to around 1.4 million.
Implementation Status of the New Indefinite Leave to Remain Rules
The new Indefinite Leave to Remain rules have been confirmed as government policy but are not yet part of the Immigration Rules, and no commencement date has been announced. Speaking in the House of Commons on 2 November 2026, the Home Secretary stated that the changes would begin to be laid in a Statement of Changes from December 2026 and be implemented over the course of 2027. The Home Office has also confirmed that further guidance and a full impact assessment will be published before implementation.
The timing of an application will matter. According to the consultation response, settlement applications are ordinarily decided under the Immigration Rules in force on the date of decision, unless transitional provisions state otherwise. Arrival in the UK under the current rules does not, in itself, guarantee settlement under them.
Unlike the wider reforms, two related changes already have announced start dates. The higher English language standard was introduced by Statement of Changes HC 1691, published on 5 March 2026, and applies to settlement applications on specified routes made from 26 March 2027. In addition, from 1 February 2027, new protections will apply to care workers whose sponsor loses its licence, as explained below.
The New Settlement Pathways Explained
The new framework sets out four main pathways to Indefinite Leave to Remain. Each pathway carries its own qualifying period and eligibility conditions, based mainly on earnings, occupation and immigration history. All applicants must also satisfy the mandatory requirements, regardless of the pathway under which they apply.
| Pathway | Who Qualifies | Earnings Test |
| 3 Years | Exceptional economic contributors and the Highest Talent Group | £125,141 in three of the last four years |
| 5 Years | Higher earners, eligible public service workers and those with a British connection | £50,271 in three of the last five years (earnings route) |
| 10 Years | The default pathway for all other eligible migrants | £12,571 in five of the last seven years |
| 20 Years | Those with adult immigration breaches or recent public funds use | £12,571 in five of the last seven years |
To use a particular pathway, an applicant must hold permission on a route that is eligible for it. For example, permission on the 10-year Family and Private Life routes will not qualify a person for the 3- or 5-year pathways. Partners of British citizens on the 5-year partner route are not affected, as they fall within the British connection category.
The 3-Year Pathway
The 3-year pathway is reserved for the highest economic contributors. The earnings threshold of £125,141 mirrors the additional rate of income tax. The pathway will also be open to a Highest Talent Group, but the scope of that group remains under review pending a report from the Migration Advisory Committee (MAC).
The 5-Year Pathway
Three groups can settle after five years:
- Higher earners with earnings of at least £50,271, aligned with the higher rate of income tax.
- Public service workers with five years in an eligible health or education occupation paid on national pay scales. Annex C of the consultation response lists 30 qualifying occupations, including doctors, nurses, midwives, pharmacists, paramedics, dental practitioners, physiotherapists, teachers, head teachers and social workers.
- People with a British connection, meaning eligible partners, parents and children of British citizens, and Commonwealth citizens on the UK Ancestry route.
Eligible Visa Routes for the 3- and 5-Year Pathways
Not every immigration route will qualify for every pathway. To settle through a particular pathway, an applicant must hold permission on a route that is eligible for that pathway. The consultation response defines “high talent permission” as permission granted on the Skilled Worker, Global Talent, Scale-up, Innovator Founder and International Sportsperson routes. Global Talent and Innovator Founder migrants applying under the 3- or 5-year pathway on the basis of that permission must have received their most recent grant of permission on the same route. Holding high talent permission does not, by itself, secure settlement after three years, as the Highest Talent Group remains subject to review following the MAC report. Permission granted under the Family and Private Life routes will not lead to the 3- or 5-year pathways, although eligible partners, parents and children of British citizens will continue to qualify after five years through the British connection category.
The 10-Year Pathway
The 10-year pathway becomes the standard route to Indefinite Leave to Remain in the UK for migrants who comply with the rules and contribute economically. The consultation had proposed a 15-year pathway for workers in roles below degree level (RQF 6). That proposal has been dropped. These workers will follow the 10-year pathway instead and may qualify earlier if they later meet the conditions of a faster pathway.
The 20-Year Pathway
The 20-year pathway applies where immigration non-compliance or the use of public funds prevents an applicant from qualifying sooner. Where the reason is an immigration breach, high earnings or public service cannot reduce the period.
Up to 30 Years Following Illegal Entry
Illegal entry will extend the qualifying period further. Anyone who entered the UK illegally will ordinarily face an additional ten years on top of the period that would otherwise apply. For refugees on the Core Protection route, this results in a total qualifying period of 30 years, the longest under the new framework. The additional period will not apply where Article 31 of the Refugee Convention protects the individual.
The Mandatory Indefinite Leave to Remain Requirements for Every Applicant
The government describes a set of minimum standards that every applicant must meet, whichever pathway applies. These Indefinite Leave to Remain requirements cannot be offset by high earnings or any other positive contribution.
- No Criminal Record
Any adult applicant with a criminal record in the UK will be refused. This is a significant tightening of the current approach. A criminal record for this purpose includes custodial and suspended sentences, absolute and conditional discharges, conditional cautions, court-imposed fines, community sentences, detention and training orders and conviction-based civil orders.
Convictions overseas will also lead to refusal where the conduct would be an offence in the UK, although the Home Office will keep discretion to account for differences between legal systems. Offences committed before the age of 18 will remain subject to discretionary refusal.
- No Outstanding Government Debt
Applicants must have no outstanding debt to the state. This includes NHS debt, tax debt (including unpaid tax and National Insurance contributions) and litigation costs owed to the Home Office. Anyone required to repay asylum support must have repaid it or be keeping to an agreed repayment plan.
- English Language at B2 Level
The English language requirement rises from B1 to B2 on the Common European Framework of Reference for Languages (CEFR). B2 is broadly equivalent to A level. Existing exemptions for children, people aged 65 and over and those unable to meet the requirement because of a physical or mental condition will continue. English at C1 level will not shorten the qualifying period.
- The Life in the UK Test
Applicants must still pass the Life in the UK test, subject to the same exemptions. The government is reviewing the test so that it better reflects modern Britain.
- Sustained Economic Contribution
Applicants must demonstrate sustained economic contribution. The minimum earnings level is £12,571 a year, the point at which income tax becomes payable. The faster pathways require three qualifying years, while the 10- and 20-year pathways require five of the last seven years. Each pathway sets the number of years in which this, or a higher threshold, must be met. Children, people aged 65 and over and those unable to work because of a physical or mental condition are exempt.
How Earnings Will Be Assessed
Earnings often fluctuate because of parental leave, caring responsibilities or ill health. For this reason, applicants will not need to meet the relevant threshold in every year. They can rely on their best years within a set period:
- 3-year pathway: three of the four years before applying.
- 5-year pathway: three of the five years before applying.
- 10-year and 20-year pathways: five of the seven years before applying.
The thresholds are tied to income tax thresholds and will move if those thresholds change. Volunteering will not reduce the qualifying period.
Combined Income for Couples
Eligible couples can combine their earnings to meet a household threshold of £25,142, which is double the individual minimum. This protects partners who work part-time or not at all, for example because of childcare. The couple must be in a genuine and subsisting relationship. Only one partner may rely on the other’s income for this purpose.
Factors That Can Extend the Qualifying Period
Use of Public Funds
The 3-, 5- and 10-year pathways will not be available to anyone who has accessed specified public funds in the five years before applying. Applicants who continue to rely on public funds will need to complete 20 years on a qualifying route. The government has stated that safeguards for vulnerable groups will be set out before implementation.
Immigration Breaches
Specified immigration breaches committed as an adult will place an applicant on the 20-year pathway. The breaches will be set out in the Immigration Rules and will include:
- overstaying a visa
- breaching visa conditions
- using deception in an application
- frustrating immigration control
Breaches committed under the age of 18 will not trigger the 20-year pathway.
Illegal Entry
Anyone who entered the UK illegally will ordinarily face an additional ten years before qualifying for settlement. This will not apply where Article 31 of the Refugee Convention protects the individual. The Home Office will publish details of how this safeguard operates before implementation.
What the Indefinite Leave to Remain Latest Update Means for Different Migrants
Skilled Workers
Skilled Workers earning below £50,271 will generally move from a 5-year to a 10-year route, unless they work in an eligible public service occupation or fall within one of the transitional arrangements below. Skilled Workers covered by the transitional salary arrangements for those sponsored before April 2024 will be able to extend their visas on current terms until 2035.
Care Workers
Care workers who entered or switched into the care route before the May 2025 White Paper will keep a 5-year route to settlement if they meet a £25,000 salary requirement, the sponsorship and employment requirements and the mandatory requirements.
Those in this group who do not qualify after five years can apply for a further 5-year Health and Care visa. This visa will be limited to genuine work in the care sector and will carry no recourse to public funds. Care workers who joined the route after May 2025 will follow the standard 10-year pathway.
From 1 February 2027, care workers who lose their employment because their sponsor’s licence has been revoked will have up to 120 days to secure a new job offer and a further 60 days to resolve their visa and employment status. If they cannot secure a job offer within 120 days, or resolve their employment status within 180 days, their visa will be curtailed, and they will need to leave the UK.
Health and Education Workers
Professionals in the 30 occupations listed in Annex C, such as doctors, nurses and teachers, have a permanent 5-year pathway. Workers in health and education roles below RQF 6 that are paid on national pay scales, such as nursing auxiliaries and teaching assistants, will keep a one-off 5-year route if they arrived before May 2025. Later arrivals in these roles will follow the 10-year pathway.
Students and Graduate Visa Holders
The 10-year Long Residence route will close. At present, this route allows time on temporary visas, including Student and Graduate visas, to count towards settlement. Under earned settlement, time on these routes will not count. A closure date for Long Residence has not yet been announced, which makes this an area to monitor closely.
Partners and Family Members of British Citizens
Eligible partners, parents and children of British citizens fall within the British connection category and will continue to qualify after five years, subject to the mandatory requirements.
Dependants of Main Applicants
The final framework places greater emphasis on families settling together:
- Partners who arrive with the main applicant can settle at the same time if they meet the requirements. Partners who join later must complete the same qualifying period.
- Children under 18 can settle with their parents. They are exempt from the income, debt, English language and Life in the UK requirements, but suitability and criminality requirements still apply.
- Young adults aged 18 to 24 who keep child-dependant status can settle with their family without an individual earnings requirement but must meet the other adult mandatory requirements.
- Adults aged 25 and over must qualify independently or move to another route.
Refugees and People with Protection Status
The qualifying period for refugees depends on how they arrived and whether they move into work or study:
- Designated Safe and Legal routes, including the UK Resettlement Scheme: 5 years.
- Safe and Legal routes, such as the UK Resettlement Scheme: 5 years.
- Protection Work and Study: 10 years from the date of moving onto that route.
- Core Protection: 20 years.
- Illegal entry: an additional 10 years, giving 20 years on Protection Work and Study or 30 years on Core Protection, unless the Article 31 safeguard applies.
Refugees on the Protection Work and Study route must be in sustained work, study or training. Those working must earn at least £12,571 a year for three years. They must also meet the B2 English requirement and pass the Life in the UK test. Refugees resettled through the UK Resettlement Scheme need English at A2 level instead. Those not on Safe and Legal routes who claimed asylum before 2 March 2026 will move to Core Protection, and time already spent with refugee status will count towards settlement. Time on protection or human rights routes cannot be combined with time on work or family routes.
Groups Keeping Their Existing Arrangements
Several groups sit outside the new framework and keep their current settlement arrangements:
- Hong Kong British National (Overseas) visa holders: settlement after five years.
- HM Armed Forces: four years’ reckonable service for personnel, and five years for partners and children.
- Afghan resettlement schemes: immediate settlement, subject to eligibility.
- Legacy Safe and Legal routes: settlement after five years, subject to route requirements. These are the UK Resettlement Scheme (for arrivals before 6 April 2027), Community Sponsorship, the Mandate Resettlement Scheme and predecessor refugee resettlement schemes.
- Windrush generation: no qualifying period.
- Bereaved partners and victims of domestic abuse: immediate settlement, subject to the relevant requirements.
- Unaccompanied asylum-seeking children, and children and young adults with insecure status who have grown up in the UK: existing 5-year arrangements.
- Children in local authority care: existing bespoke arrangements.
These groups will generally need to meet the strengthened criminality and B2 English requirements where appropriate, unless an existing exemption or safeguard applies.
Visa Routes That Will Not Count Towards Settlement
Time spent on the following routes will not count towards indefinite leave to remain under earned settlement:
- Visit
- Student
- Graduate and High Potential Individual
- Global Business Mobility
- Temporary Worker routes, including Youth Mobility and Seasonal Worker
- Overseas Domestic Worker
- Ukraine Scheme routes
- Leave Outside the Rules (the government will confirm its approach to this group separately)
Points Still Awaiting Confirmation
Several important details will only become clear once the amended Immigration Rules and guidance are published:
- the implementation date for each part of the framework
- the definition of the Highest Talent Group, following the MAC report
- the closure date for the Long Residence route and any transitional provisions
- the full list of qualifying immigration breaches
- safeguards and exemptions relating to public funds
- the treatment of people with Leave Outside the Rules
- the evidence required to prove earnings and other requirements
What Earned Settlement Means for Sponsors
For employers, the move to a 10-year default changes the cost of sponsorship. A worker who would previously have settled after five years may now need sponsoring for ten, which means further Certificates of Sponsorship, additional Immigration Skills Charge payments and a longer period of sponsor compliance duties. Salary decisions now carry settlement consequences too: a worker earning £50,271 or more in three of the last five years can still settle after five years, so pay reviews and unpaid leave may affect when staff can leave sponsorship. Care sector sponsors should note that from 1 February 2027, workers whose sponsor loses its licence will have up to 120 days to find a new job offer. If you would like to review your sponsored workforce against the new rules, our sponsor licence management team can help.
How to Prepare for the New Indefinite Leave to Remain Rules
Although the rules are not yet in force, migrants planning an Indefinite Leave to Remain application can take practical steps now:
- Check the visa route. Confirm whether current and previous permission will count towards settlement.
- Keep earnings records. Retain payslips, P60s and HMRC records covering at least the last seven years.
- Clear government debts. Resolve any NHS charges, tax or National Insurance liabilities and Home Office costs.
- Review immigration history. Identify any overstaying or breach of conditions as an adult.
- Prepare for B2 English. Plan for the higher standard unless an exemption applies.
- Keep transitional evidence. Care workers and eligible health and education workers should retain proof of the date they entered or switched into their route.
- Take timely advice. Those who already meet the current requirements should obtain legal advice on whether to apply before the new rules take effect.
Conclusion
Earned settlement changes the basis on which Indefinite Leave to Remain is granted. Time in the UK will still count, but it will no longer be enough on its own. Settlement will no longer follow mainly from time spent in the UK. Under earned settlement, the qualifying period will reflect each applicant’s contribution and conduct, with ten years as the standard route, faster pathways for high earners, key public service workers and those with a British connection, and much longer pathways for immigration breaches, reliance on public funds or illegal entry.
Several protections remain. Existing Indefinite Leave to Remain holders keep their status, families can generally settle together, and targeted arrangements protect certain care, health and education workers who arrived before May 2025. However, the amended Immigration Rules have not yet been published, and the implementation date and several key definitions remain unconfirmed. Migrants planning to apply for indefinite leave to remain should review their visa history, earnings records and eligibility now and seek professional advice at an early stage.
Frequently Asked Questions
What is the latest update on indefinite leave to remain in the UK?
On 2 November 2026, the Home Office confirmed the earned settlement framework. The standard qualifying period for indefinite leave to remain will rise from five years to ten, with shorter 3- and 5-year pathways for qualifying applicants and longer periods for those with immigration breaches, recent use of public funds or illegal entry.
Is Indefinite Leave to Remain changing from 5 years to 10 years?
Yes, for most migrants. Ten years will become the default qualifying period. Applicants earning at least £50,271, eligible health and education professionals and people with a British connection can still qualify after five years.
When will the new Indefinite Leave to Remain rules come into force?
No implementation date has been confirmed. The Home Secretary has indicated that changes will begin to be laid from December 2026 and be implemented over the course of 2027.
Do the new Indefinite Leave to Remain rules apply to people already in the UK?
Generally, yes. Applications are ordinarily decided under the rules in force at the date of decision. Targeted transitional arrangements apply to certain care workers and health and education workers who arrived before May 2025.
What English level is required for Indefinite Leave to Remain under the new rules?
B2 level, broadly equivalent to A level. Exemptions apply to children, people aged 65 and over and those prevented by a physical or mental condition.
Can a conditional caution or fine lead to refusal of Indefinite Leave to Remain?
Yes, once the new framework is in force. Any adult applicant with a UK criminal record will be refused. The government response lists conditional cautions, absolute and conditional discharges and court-imposed fines among the disposals that count.
Does time on a student or Graduate visa count towards Indefinite Leave to Remain?
No. Time on temporary routes, including Student and Graduate visas, will not count, and the Long Residence route will close.
Will people who already have ILR lose their status?
No. The earned settlement rules will apply to new settlement applications. When the consultation launched in November 2025, the Home Office indicated that people who already hold ILR would not be affected, and the government response does not propose any change to existing settled status.
