Updated: September 2026
If you are currently living and working in the UK and expecting to qualify for Indefinite Leave to Remain (ILR) after five years, you may be concerned about the Government’s plans to reform the settlement system.
The Government is developing a new “earned settlement” system. Under the proposals, the baseline qualifying period for many migrants would increase from five years to ten years, with the period potentially reduced or increased depending on individual circumstances.
However, there is an important distinction between the Government’s proposals and the law as it stands today:
The proposed ten-year baseline has not yet replaced the existing five-year settlement rule for Skilled Workers.
The Government is still finalising the earned settlement policy, including the crucial question of what transitional arrangements will apply to many people who are already in the UK and progressing towards settlement.
What are the current ILR rules for Skilled Workers?
Under the Immigration Rules currently in force, a Skilled Worker applying for settlement normally needs to have completed a qualifying continuous period of five years.
The five-year period can include qualifying time spent on certain other specified immigration routes. Applicants must also satisfy the other requirements applicable to Skilled Worker settlement.
Therefore, as things currently stand, the five-year Skilled Worker settlement route has not been abolished.
What is the Government proposing?
The Government intends to introduce a new system known as earned settlement.
The proposal is more complicated than simply changing ILR from five years to ten years.
The proposed system contains two important elements:
- revised minimum requirements that a person would need to satisfy before qualifying for settlement; and
- different qualifying periods depending upon the individual’s circumstances.
For many migrants, the proposed baseline would be ten years, but that period could be adjusted upwards or downwards according to factors relating to contribution, conduct and integration.
The final policy may change following the consultation process.
Will people already in the UK be affected?
Likely yes, although the Government has not yet announced its final decision.
This is one of the most important aspects of the proposed reforms for migrants who are already progressing towards settlement.
The Government’s consultation proposed applying the changes to people already in the UK who have not obtained ILR when the new rules take effect.
This could mean that people expecting to qualify for settlement under the existing rules in the coming months or years could become subject to the new earned settlement requirements once the Immigration Rules change.
However, the consultation also asked whether transitional arrangements should protect some people who are already in the UK.
The final arrangements for most existing migrants have not yet been announced.
There is, however, already an important exception for certain people on protection routes. Under the current arrangements, qualifying adults and children granted five years’ leave following an asylum claim or further submissions made by 1 March 2026 remain eligible to apply for settlement after five years under Appendix Settlement Protection.
The position is therefore not simply that everybody already in the UK will move onto a ten-year route.
What did the Home Secretary say in September 2026?
On 15 September 2026, Home Secretary Shabana Mahmood gave evidence to the House of Commons Home Affairs Committee and was questioned specifically about people who arrived in the UK in 2022.
She referred to a substantial cohort who, without a change to the existing rules, would begin becoming eligible for settlement in February 2027.
The Home Secretary said:
“We have to give certainty to the system.”
She also explained that, as a general principle, the Immigration Rules applying to an application are those in force when the application is made, rather than necessarily those that existed when the person originally arrived in the UK.
The Home Secretary said that the Government intends to publish its new settlement policy later in 2026, and indicated that this would be done in good time before the first relevant cohort who arrived in 2022 begins qualifying under the existing system.
Will there be transitional protection?
This remains one of the biggest unanswered questions.
The Home Secretary confirmed that the Government had consulted on transitional arrangements and had considered a range of possibilities.
These could include allowing certain groups effectively to remain on their existing five-year pathway, while applying different transitional arrangements to other groups.
However, she described the transitional position as “policy to be settled.”
Apart from groups for whom protection has already been provided, including certain people on protection routes, we therefore still do not know which existing migrants will ultimately retain their current settlement timetable.
Will everyone have to wait ten years?
No. That is not what the Government has proposed.
Ten years would be a baseline for many migrants, rather than a universal qualifying period.
Under the consultation proposals, for example, people in higher-skilled occupations who earn more than £50,270, or who work in specified public-sector healthcare or teaching occupations, could receive a five-year reduction. This could allow them to qualify after five years.
At the other end of the scale, people working in occupations treated as low or medium skilled, including social care workers, would have a proposed baseline of 15 years rather than ten years.
Other proposed reductions and increases could also apply.
The eventual settlement period could therefore vary considerably according to an individual’s circumstances.
These are proposals rather than the Immigration Rules currently in force.
Are there proposed new minimum requirements for ILR?
Yes.
The consultation also proposed stricter minimum criteria that applicants would need to satisfy before qualifying for settlement.
Among the proposals were requirements relating to criminality and a requirement to demonstrate annual earnings above £12,570 for a minimum period of three to five years, or an alternative amount of income.
The consultation contemplated exemptions in certain circumstances.
Again, these elements of the earned settlement model are proposals and may change before the final Immigration Rules are published.
When will the earned settlement rules start?
We do not yet have an exact commencement date.
The House of Commons Library’s September 2026 briefing confirms that there is currently no exact timetable for the Immigration Rules implementing earned settlement to come into force.
The Home Secretary has said that the new settlement policy will be published later in 2026.
Until the Immigration Rules are amended, the existing settlement requirements continue to apply.
What if you already qualify for ILR?
If you already qualify for settlement under the current Immigration Rules, you may wish to obtain individual immigration advice about your position rather than simply delaying your application.
Relevant issues can include:
- your current immigration category;
- when your qualifying period began;
- whether previous immigration permission counts towards your qualifying period;
- your absences from the UK;
- continuous residence;
- applicable salary requirements;
- suitability requirements; and
- the earliest date on which you can submit your settlement application.
The important point is that a person should not automatically assume that the Immigration Rules in force when they originally entered their route will necessarily remain unchanged until they become eligible for settlement.
What if you are approaching five years?
People approaching eligibility under the existing five-year settlement rules should consider reviewing their immigration history now.
In particular, it may be useful to establish the earliest date on which you could become eligible to submit an ILR application.
The Government’s eventual transitional arrangements could be particularly important for people whose expected settlement date falls after the new earned settlement rules take effect.
Until those arrangements are published, however, it is not possible to say precisely how every existing migrant will be affected.
A separate confirmed change: B2 English from 26 March 2027
There is another important settlement change which should not be confused with the proposed earned settlement reforms.
Unlike the wider earned settlement proposals, this change is already contained in the Immigration Rules.
For settlement applications on affected routes made on or after 26 March 2027, the English-language requirement will increase to B2 level.
For Skilled Worker settlement, the relevant requirement concerns speaking and listening, unless an exemption or another permitted method of meeting the English-language requirement applies.
This is therefore a confirmed Immigration Rules change rather than merely part of the earned settlement consultation.
Importantly, people already progressing towards settlement should not assume that existing residence in the UK automatically exempts them from future Rule changes. The B2 change itself applies according to the date of the settlement application.
What should migrants do now?
If you are currently on a route leading to settlement, this is a sensible time to establish your current position.
You may wish to check:
- when your qualifying period began;
- whether your current immigration category leads to settlement;
- which periods of previous immigration permission can count;
- whether your absences affect continuous residence;
- whether you meet the relevant salary or financial requirements;
- whether the B2 English requirement could apply to you; and
- the earliest date on which you may submit your settlement application.
It will also be important to monitor the Government’s announcement on earned settlement and, in particular, the final transitional arrangements for people already in the UK.
Frequently Asked Questions
Has the five-year Skilled Worker ILR route been abolished?
No.
The five-year qualifying period continues to apply under the Skilled Worker settlement rules currently in force.
The proposed earned settlement system has not yet replaced it.
Has the ten-year ILR rule started?
No.
The Government is proposing an earned settlement system under which ten years would be the baseline qualifying period for many migrants.
The final earned settlement system has not yet been implemented through the Immigration Rules.
Will people already in the UK be affected?
Likely yes, but the final position has not yet been announced.
The Government’s consultation proposed applying the changes to people already in the UK who have not obtained ILR when the new Rules take effect.
However, final decisions on transitional arrangements are still awaited for many groups.
Will everyone have to wait ten years?
No.
Under the proposals, qualifying periods could be shorter or longer than ten years.
Some higher-skilled workers could potentially continue to qualify after five years, while the proposed baseline for certain low- and medium-skilled occupations, including social care workers, would be 15 years.
These are proposals and are not yet the Immigration Rules governing those workers’ settlement applications.
When will we know more?
The Home Secretary has said that the Government intends to publish its new settlement policy later in 2026.
There is currently no exact published commencement date for the wider earned settlement Immigration Rules.
Is the B2 English requirement also only a proposal?
No.
The higher English-language requirement for settlement on affected routes from 26 March 2027 is already contained in the Immigration Rules.
It should therefore be distinguished from the wider earned settlement proposals, which are still being finalised.
Concerned About How the ILR Changes Could Affect You?
If you are approaching settlement and are concerned about the proposed changes, Atwal Law can review your immigration history and advise you on your current position under the Immigration Rules.
We can assess your expected settlement date, qualifying residence, absences and the requirements applying to your particular immigration route.
With significant settlement reforms expected, establishing when you currently qualify for ILR may be particularly important.
Atwal Law | UK Immigration Lawyers
This article is for general information only and does not constitute legal advice. Immigration law and policy can change. The earned settlement proposals discussed above have not all been implemented, and the effect of future transitional arrangements will depend upon the final Immigration Rules and an individual’s circumstances.