Raising the Qualifying Period for ILR to Ten Years

The central proposal is an increase to the standard qualifying period for ILR from five years to ten years. This would apply to most work and family routes that currently lead to settlement after five years.

The Government’s position is that settlement should reflect long-term commitment, strong roots in the UK and consistent adherence to immigration rules. Extending the qualifying period is presented as a way to ensure stability in the migration system and reduce long-term population growth.

A Shift Towards an Earned and Performance Based System

Under the earned settlement model, time spent in the UK would no longer be the primary factor for settlement. Applicants would need to demonstrate:

• Continuous lawful residence
• Compliance with visa conditions
• Sufficient English language ability
• Evidence of integration
• A clear criminality record
• No history of immigration breaches

The Government frames this as making settlement a privilege that must be earned, rather than an automatic progression from a work or family visa.

This mirrors previous policy debates that emphasise contribution, integration and public confidence in the immigration system.

Accelerated Settlement for High Earners and Priority Occupations

The Government proposes that certain categories of individuals may still qualify for ILR in five to seven years. These include:

• High earning migrants
• Highly skilled professionals
• Workers deemed essential to public services
• Occupations identified as critical for the UK’s economic interests

This approach is intended to attract and retain global talent, especially in sectors that rely on specialist expertise or face recruitment shortages.

Extended or Restricted Settlement Routes for Medium Skilled Workers

A notable change is the proposed treatment of medium skilled and lower paid workers. Many may face extended periods before becoming eligible for ILR, potentially ten to fifteen years or more. Some could be placed on temporary or renewable routes that do not lead to settlement at all.

The Government argues that permanent settlement should align closely with the UK’s long-term labour market priorities. However, this proposal raises concerns about worker retention, continuity of care in key public services and the stability of families already living in the UK.

Groups That Will Remain Exempt

Certain groups are expected to retain their existing settlement timelines. These include:

• Partners and spouses of British citizens and settled persons
• Individuals with status under the Hong Kong BN(O) route
• Residents protected under the EU Settlement Scheme
• Refugees and individuals who hold protection-based status

These categories are acknowledged as having strong ties or humanitarian grounds that justify their exemption.

Potential Retrospective Application of the New Rules

One of the most impactful elements of the consultation is the suggestion that the ten year qualifying period could apply to individuals who are already in the UK but have not yet reached the five year threshold.

This means people who entered the UK with an expectation of achieving settlement after five years could find themselves moved to the new ten year route instead.

The Government seeks views on whether retrospective application would be fair and workable. If adopted, this change could significantly affect workforce planning, long-term family stability and the expectations of migrants who have built their lives in the UK under the current rules.

Consultation and Next Steps

The consultation is open until 12 February 2026. The Government invites feedback from:

• Migrants and families
• Employers and business groups
• Local authorities
• Educational institutions
• Charities, unions and community organisations
• Legal practitioners and immigration advisers

Once the consultation period closes, responses will be reviewed and final policy decisions will be published. Changes would then be implemented through updates to the Immigration Rules over time.

👉 Submit your views via the Home Office consultation portal