a plane flying in the sky

Immigration

Home Office consults on major changes to Indefinite Leave to Remain ('ILR')

The Home Office is consulting on proposals to significantly transform the requirements for ILR. Changes could come into force as early as spring 2026; however, nothing is yet set in stone and any changes are subject to consultation. We discuss the proposals in our article here.

The key proposals are:

  • Doubling the standard timeline to ILR from five to 10 years (which can be extended or reduced depending on individual circumstances).
  • Introducing new expedited pathways to ILR for high-earners and top talent. 
  • Effectively abolishing the 10 year long residence route to ILR.  
  • Introducing requirements for certain dependants to meet strict financial criteria.  This could have unforeseen knock-on implications for children's ability to qualify for ILR. 

The detail of any changes will depend on the outcome of the consultation, set to end on 12 February 2026.  Mishcon de Reya is responding to the consultation in full.  Please contact us for further information.

Other key immigration changes

  • English language requirement: From 8 January 2026, the minimum English language requirement for Skilled Worker, High Potential Individual, and Scale-up visas has risen from B1 to B2 level. This change applies to new applicants, rather than existing visa holders.
  • High Potential Individual visa: The list of qualifying universities has been expanded, so that overseas graduates from the world's top 100 universities may be eligible for the visa.
  • Graduate visa: From 1 January 2027, the standard duration of the Graduate visa will be reduced to 18 months. Applications submitted before this date should continue to receive two years of leave. PhD graduates will remain eligible for three years of leave.
  • Students switching to Innovator Founder:  Student visa holders who have completed their UK studies and are applying to switch to the Innovator Founder route can potentially now work for their own business while their application is being processed.

Please fill in the form below to access the full report.