- within Immigration topic(s)
- with Inhouse Counsel
Following the publication of the Immigration White Paper and the government's recent emphasis on reforming both legal and illegal migration, significant changes have been proposed to the process by which individuals can obtain settlement or Indefinite Leave to Remain (ILR) status in the UK. These proposals aim to reshape long-term settlement options for overseas workers and their families, with a focus on contribution, integration, and compliance with immigration rules. A formal consultation on these changes has now been launched and is due to close on 12 February 2026.
Overview of the proposals
A summary of the government's key proposals to reform settlement (ILR) eligibility is set out below:
- The standard qualifying period for settlement will increase from 5 to 10 years for most migrants, including those on the Skilled Worker route
- However, those on the Skilled Worker route earning at least £50,270 per year could be eligible to apply for ILR after less than 5 years
- Individuals who entered under the now-closed Health and Social Care visa route between 2022 and 2024 will require 15 years' residence to become eligible for settlement
- Individuals with a history of reliance on state benefits could face a 20-year qualifying period
- Visa overstayers and those who have entered or remained in the UK illegally may face a 30-year qualifying period for settlement
- Immediate family members of British citizens and Hong Kong BN(O) status holders, as well as doctors and nurses working in the NHS, will retain a 5-year pathway to settlement as currently
- Global Talent or Innovator Founder visa holders will still be eligible for settlement after 3 years, as currently, subject to evidence of economic contribution
- Additional reductions in qualifying period may be available for those demonstrating a high level of English or substantial volunteering/integration
- A clean criminal record will be a mandatory requirement, with thresholds to be confirmed in future guidance
- Transitional arrangements for those already in the UK but not yet settled will be developed as part of the consultation
- Existing ILR or settled status holders will not be impacted
Consultation and implementation timeline
The public consultation on these changes will be open until 12 February 2026. As a result, any legal or procedural changes are unlikely to come into effect before spring or summer 2026. Until then, the current rules and pathways to settlement remain in place.
The statement and accompanying consultation on earned settlement can be found online.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
