Home Office consults on major changes to settlement in the UK

In brief  

• The Home Office is consulting on proposals to significantly transform the requirements to qualify for Indefinite Leave to Remain in the UK (''ILR''), also known as settlement or permanent residence. 
• The proposals would double the standard timeline to ILR from five to 10 years. 
• Entrenched into the proposals are streamlined pathways for high earners and top talent, who may qualify for a three-year timeline to ILR. 
• The existing 10-year long residence route may be abolished in its current form.  
• There could be significant implications for certain dependants, who may need to meet strict financial criteria for the first time. This could also have unforeseen knock-on implications for children and their ability to qualify for ILR.  
• The consultation ends on 12 February 2026, and we will be responding in full.  

Introduction  

The Home Office has opened a consultation on some of the most wide-reaching reforms to ILR in recent years. The proposals represent a fundamental shift in how ILR in the UK is earned and assessed.  

The overall aim of the consultation is to reduce the number of applicants eligible to apply for ILR in the coming years. The Home Office seeks to do this in three main ways: 

1. Increasing the standard qualifying period for ILR from five to 10 years (with possible reductions or extensions depending on individual circumstances and visa category);  
2. Increasing the qualifying period for ILR to 15 years for those in the Skilled Worker route in a role below RQF level 6. This would generally impact applicants in roles that do not require a degree, such as those in the care sector, construction, hospitality and retail;  
3. Implementing a No Recourse to Public Funds condition at ILR.  

Significantly, the consultation also proposes a new set of baseline mandatory requirements to qualify for ILR. These include that applicants earn a minimum taxable income of £12,570 for three to five years before applying, have a clean criminal record, have no debt in the UK and can speak English to a high standard. For many applicants, the proposed mandatory requirements represent a major departure from the current system, particularly for those not earning a taxable income in the UK. 

It appears that individuals who already hold ILR, as well as those applying for settled status under the EU Settlement Scheme, will not be affected by the proposals. However, all other applicants may be impacted, including those already in the UK and on a pathway to ILR.  

Much of the detail remains to be seen and the proposals are subject to consultation. However, it is possible that changes may come into force as early as spring 2026.  

The 'earned settlement' model, a contribution-based approach  

The proposals are centred around the concept of an 'earned settlement' model, whereby applicants are assessed according to their social and economic contributions to the UK. A core element of the model is that those who contribute most to UK society would get ILR faster, and those who contribute less, or have adverse immigration history, wait longer.  

The nature of an applicant's contribution is centred around four core pillars:  

1. Character – Applicants with a criminal record would not be eligible for ILR; 
2. Integration – Applicants must demonstrate meaningful 'engagement with British society'; 
3. Contribution – Applicants who have made a 'sustained and measurable' economic contribution to the UK may be able to qualify for ILR faster; and  
4. Residence – Lawful continuous residence will be recognised, but applicants will not be able to qualify on the basis of residence alone.  

Timeline to ILR 

Increasing the standard timeframe to qualify for ILR is one of the major aspects of the proposals.  

The standard timeframe to qualify for ILR is currently five years (though it can be shorter or longer depending on an individual's visa category). The proposed 'earned settlement' model would increase the standard timeframe to qualify for ILR to 10 years for many applicants, which could then be reduced depending on the extent of an applicant's contributions (social and/or financial) to the UK or, conversely, extended if there are adverse considerations.  

For those already making a large contribution to UK society, such as high earners, the plans may be beneficial. For example, it is proposed that applicants who have earned a taxable income of at least £125,140 for three years immediately prior to applying for ILR, may be eligible to apply for ILR in three years. It is also proposed that those in the UK on a Global Talent or Innovator Founder visa should continue to benefit from a three-year timeline to ILR, subject to meeting certain conditions.  

Many visa routes that currently lead to ILR after five years will cease to do so as a matter of course, and will default to a qualifying period of 10 years, except where an earned reduction on the basis of one of the core pillars applies. 

The proposed list of positive indicators that would allow for a reduction in the 10-year timeline to ILR include:  

Only one of the positive indicators (the one that causes the largest reduction) can be relied on for any single application.  

There are various considerations, however, that would increase the baseline qualifying period of 10 years, and which would take precedence over any reduction. For example, if the applicant entered the UK on a visit visa, or overstayed for six months or more, this could increase the timeline by up to 20 years.  

The proposed considerations that will increase the baseline qualifying period include: 

Again, only one of the adverse considerations (i.e. the one that causes the largest increase) would be applied in the case of any single application.  

Dependants  

The impact of the proposals on dependants could represent a major departure from the current system. 

At present, dependants can typically qualify for ILR on the basis of the main applicant having being granted ILR, provided the dependant has spent the requisite number of years living in the UK.  

Under the new proposals, adult dependants would need to qualify for ILR in their own right, and would need to meet the new 'mandatory requirements' for ILR. This could mean that many dependants who currently qualify, no longer will.  

For example, under the mandatory requirements an applicant must earn a minimum taxable income of £12,570 for three to five years before applying. This could therefore be an obstacle to ILR for a dependant spouse who is not working in the UK, or to a dependent child who turns 18 during the qualifying period and who may not be in a position to work (due to studies or other reasons).  

In addition, currently, children can only generally qualify for ILR if both parents do (unless particular circumstances apply, like the main applicant holding sole responsibility for the child). Therefore, the proposals could also have a major knock-on impact on children and their ability to qualify for ILR.  

Long residence  

Waiting longer for ILR, as well as potential changes for dependants to qualify, may impact the decision to move to the UK for certain individuals. It is also of concern to individuals already in the UK, as it is possible that changes could come into effect from spring 2026 and therefore impact those already planning an application for ILR in the future.  

Individuals planning to apply for ILR under the 10-year long residence route should take particular note, as it is proposed that this route be effectively abolished in its current form. The 10-year long residence route is a longstanding immigration category which enables individuals who have spent 10 years in the UK in a combination of visa categories to qualify for ILR. It is the last available route to ILR to those who have spent time in the UK in certain immigration categories, for example as students.  

Given that many individuals will have been planning their long residence application for years, and the current rules require them to have held their current status for 12 months, this may effectively prevent them from submitting planned applications from early 2026. 

Conclusion  

It is important to note that none of these proposals are set in stone, and the detail of any changes will depend on the outcome of the consultation, set to end on Thursday 12 February 2026. However, the Home Office has indicated that it intends to start introducing changes as early as spring 2026.  

The consultation raises a lot of questions, and detail on the substance of any changes remains to be seen. 

We recommend that anyone concerned reviews their immigration status and pathway to ILR, with a view to potentially applying as soon as possible. Please reach out to us for any assistance or if you have any questions.  

We will be responding to the Government's consultation in full and we encourage anyone who may be impacted to respond. Please contact us if you would like to add your voice to the consultation or if you have any questions.