ILR changes confirmed: what earned settlement means for you

On 2 November 2026 the Home Secretary, Shabana Mahmood, told Parliament how the new "earned settlement" model for indefinite leave to remain (ILR) will work. The Home Office published its response to last year's consultation on the same day. The government says the final rules are largely in line with what it proposed in November 2025, with some changes after more than 204,000 responses.

The headline is simple. For most people the standard wait for ILR goes up from five years to ten. You can settle sooner if you earn more, work in certain public services or have a British family connection. You will wait longer if you have breached the immigration rules or claimed benefits.

When the changes start

The new rules have not taken effect yet. The government says it will start laying them in the December Immigration Rules and bring them in over the course of 2027, with more guidance to follow. Until then, the current rules apply.

Settlement is decided under the rules in force on the date you apply, not the date you arrived. If you are close to qualifying under the current rules, the timing of your application matters.

The new qualifying periods

• 3 years: people earning over £125,000 a year, and those on the top talent routes.
• 5 years: people earning over £50,271 a year, and doctors, nurses, teachers and some other public service workers.
• 5 years: partners, parents and children of British citizens, if they meet the requirements (see below).
• 10 years: the new default for everyone else, including people earning under £50,000. You can keep renewing your visa until then.
• 20 years: anyone who has committed a qualifying immigration breach, or who has claimed public funds in the last five years.

Requirements everyone must meet

Whatever your route, you will need to show:

• a clean criminal record, under stricter rules than now
• English at B2 level, up from B1
• no debts owed to the government, such as NHS charges or unpaid tax
• a record of National Insurance contributions (the Home Secretary said at least three years)
• a pass in the Life in the UK test, which stays

Children, people aged 65 or over and people with a qualifying physical or mental condition keep the existing exemptions from some of these.

Care workers and public sector workers

Care workers who joined the route before the May 2025 Immigration White Paper, met their visa conditions and earned at least £25,000 keep the five-year route. Those who did not meet their conditions (the government puts this at about a quarter of people who came between 2022 and 2025) will be offered a further five-year care visa, not tied to their old employer, before they can settle.

The same approach applies to some health and education workers below degree level who arrived before May 2025, such as auxiliary nurses.

Refugees

Refugees who come through a safe and legal route will have a five-year path. For other refugees the standard period becomes 20 years, with another 10 years added for anyone who arrived illegally, for example by small boat. Refugees who work or study can cut 10 years off their wait.

Who keeps their current route

The government says these groups keep their existing pathway:

• Hong Kong British Nationals (Overseas)
• members of the armed forces
• people with a British connection
• legacy routes such as Windrush

Nobody who already has ILR will lose it.

What to do now

1. Check when you will qualify under the current rules. If it is within the next year or so, plan to apply before the new rules start. Our ILR requirements guide sets out the current rules.
2. Book your English test early. B2 is a big step up from B1.
3. Keep your records in order: payslips, P60s, National Insurance record and evidence of any NHS or tax payments.
4. Avoid gaps in your leave. A breach could put you on the 20-year path.
5. Get advice before you switch visa or change jobs, because it may change which path you are on.

How we can help

Our immigration team can look at your immigration history and tell you which path you are likely to be on, and when you should apply. We can also prepare your ILR application under the current rules before the changes start. Our fixed fee for an ILR application is £1,500.

Call us on 0161 222 5860, send a WhatsApp message to 07778 873187, or use our free online assessment.

Sources

• Home Office news, 2 November 2026: Home Secretary unveils new rules for migrants settling in the UK
• Home Secretary's statement to Parliament: Earned settlement
• Government policy: A Fairer Pathway to Settlement: Government Response to the Consultation (PDF)
• Electronic Immigration Network: Home Secretary confirms major changes to indefinite leave to remain rules under earned settlement

This is general information, not legal advice for your case.