The Home Office has opened a consultation on moving Indefinite Leave to Remain (ILR) from a largely time‑based five‑year route to a new “earned settlement” model with a 10‑year standard qualifying period. The proposal was set out in an oral statement to the House of Commons on 20 November and an accompanying consultation paper published the same day. The measures would apply to people already in the UK who have not yet obtained ILR, subject to any transitional arrangements decided after the consultation closes on 12 February 2026.
Under the proposal, settlement would no longer follow automatically from time spent on an eligible route. Applicants would have to meet mandatory conditions: English at CEFR B2, a pass in the Life in the UK test, a clean criminal record, no outstanding litigation or government debt (including NHS and tax debts), and evidence of sustained economic contribution. The consultation proposes a minimum earnings threshold of at least £12,570 per year for three to five years to evidence contribution.
The government also proposes time “adjustments” that can shorten the 10‑year baseline. Draft options include: a one‑year reduction for English at C1; a five‑year route for individuals who have paid the higher rate of income tax (£50,270+) for three consecutive years; a three‑year route for those paying the additional rate (£125,140+); a five‑year route for specified public service roles such as NHS doctors, nurses and teachers; three to five years off for verified volunteering; and a three‑year route for Global Talent and Innovator Founder after three years’ continuous residence. These are subject to consultation.
Conversely, time can be lengthened. The paper consults on adding five years if a person has received public funds for under 12 months during their route to settlement, and 10 years if for over 12 months. It also proposes increases of up to 20 years for those who entered as visitors or overstayed for six months or more. For those who entered illegally, settlement could be as far as 30 years away. The Home Office also proposes abolishing the separate “long residence” route, replacing it with the new time‑adjustment model.
The package interacts with this week’s asylum reforms. The consultation confirms a 20‑year starting point for refugees on the new protection regime, with potential reductions if they move onto work or study routes; resettled refugees would start at 10 years. Earlier in the week, ministers announced that refugee status will be temporary and reviewed every 30 months.
Family rules would change materially. Adult dependants of economic migrants would no longer gain settlement automatically when the main applicant qualifies; instead, their qualifying period would be determined separately against their own attributes, and their path would remain linked to the main applicant’s eligibility. For children, the Home Office proposes a “window” so those admitted as dependants under 18 can settle with their parents (potentially even after turning 18), with an age cut‑off and targeted waivers under consultation.
Some cohorts are explicitly outside scope or retain shorter routes. Partners and dependants of British citizens and people on the Hong Kong BN(O) route would remain on a five‑year path, while grants made under the EU Settlement Scheme and Windrush schemes are unchanged. The statement also reiterates that those who already hold settled status are unaffected.
On scope and timing, ministers stated the intention to apply the new framework to people already in the UK who have not yet obtained ILR, while seeking views on possible transitional arrangements. The Commons Library notes that changes to ILR qualifying periods are planned to begin from April 2026, implemented through Statements of Changes to the Immigration Rules. The Home Office cites net migration of 2.6 million between 2021 and 2024 and forecasts around 1.6 million settlement grants between 2026 and 2030, peaking at about 450,000 in 2028.
The consultation also explores restricting access to benefits at the settlement stage. One option would make settled status subject to “no recourse to public funds”, with access to most benefits reserved for British citizenship instead. The department acknowledges this would require legal change and seeks views on how such a shift should operate.
For lower‑wage roles, ministers are consulting on a 15‑year baseline for those admitted specifically to work in occupations below RQF level 6, citing fiscal risk and labour market effects; the paper highlights the Health and Care route in particular. The proposal would not alter the existing five‑year path for spouses of British citizens or BN(O) status‑holders.
Political reaction has been immediate. In the Commons, Shadow Home Secretary Chris Philp said Conservatives would support much of the approach but accused ministers of adopting ideas his party had previously proposed, and urged a migration cap.
Implications are significant for HR teams and local authorities. Employers relying on sponsored workers should plan for longer retention horizons, maintain robust records to evidence employees’ National Insurance contributions, and consider support for English to B2 and, where relevant, C1. Migrants nearing five years should assume a 10‑year baseline unless brought into a shorter route under the final criteria or protected by any transitional measures agreed after consultation. The Home Office consultation is open until 23:59 on 12 February 2026, with ministers indicating changes could begin from April 2026.