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ILR changes confirmed: the new earned settlement rules explained

· Updated · UK immigration

The ILR changes are confirmed. On 2 November 2026, the Home Secretary set out the government’s final plans for Indefinite Leave to Remain (ILR). Under the new "earned settlement" system, most people will wait 10 years instead of 5. Some groups keep a 5-year route.

What has been announced?

The standard qualifying period for ILR will rise from 5 years to 10 years. How long you wait will depend on your earnings, your work and your immigration history, rather than just time spent in the UK. The new pathways are:

  • 3 years: earning at least £125,141 a year for 3 years, or on the highest talent routes
  • 5 years: earning at least £50,271 in 3 of the last 5 years, working 5 years in an eligible health or education role (such as doctor, nurse or teacher), or having a British connection
  • 10 years: the new standard route, for people earning at least £12,571 in 5 of the last 7 years
  • 20 years: for people who have breached immigration rules or claimed public funds in the last 5 years

Who keeps a 5-year route?

Some groups will still be able to settle after 5 years, as long as they meet the other requirements:

  • Partners, parents and children of British citizens (a "British connection")
  • Commonwealth citizens on the UK Ancestry route
  • Hong Kong BN(O) visa holders
  • Higher earners on £50,271 or more
  • Eligible doctors, nurses, teachers and other listed health and education workers

Social care workers who joined the route before May 2025 and earned at least £25,000 a year in the sector also keep their 5-year route.

What everyone will need

Whatever your route, you will need to meet a set of basic requirements to qualify for ILR:

  • English at a high standard (B2 level)
  • No criminal record
  • No unpaid debts to the government, such as NHS charges
  • At least 3 years of National Insurance contributions

What about Skilled Workers?

If you are on a Skilled Worker visa and earn less than £50,271, you will usually move to the 10-year route. You won't lose your right to stay. You will be able to extend your visa until you qualify. If you earn £50,271 or more in 3 of the 5 years before you apply, you can still settle after 5 years.

Families and partners

Partners and children who come with the main applicant can usually settle at the same time. Partners can combine their incomes to meet the minimum earnings requirement. Partners who join later will normally need to complete the qualifying period themselves.

If you are married to, or in a relationship with, a British citizen, your route to ILR stays at 5 years.

When do the ILR changes start?

Not yet. The announcement sets out government policy, but the law has not changed. The Home Secretary said the new rules will start to be laid from the December 2026 Immigration Rules and will come in over the course of 2027.

Until then, ILR applications are decided under the current rules. Importantly, the rules that apply are the ones in force when your application is decided, not when you arrived in the UK.

What should you do now?

If you already qualify for ILR on the 5-year route, or will do soon, don't wait. Applying before the new rules take effect is the safest option. Before you apply, check:

  • Your exact qualifying date
  • Your time outside the UK, which for most routes must be no more than 180 days in any 12-month period
  • Your Life in the UK test and English language evidence

Our free absence calculator on our ILR page lets you check your trips in a couple of minutes. If you're not sure which route you'll fall under, call us and we'll check your situation.

Common questions

Is ILR going to 10 years?

Yes, for most people. The standard qualifying period will be 10 years, with 3 and 5-year routes for higher earners, some public service workers and people with a British connection. The change is not law yet and will come in over 2027.

Does the 10-year rule apply to spouses of British citizens?

No. Partners of British citizens keep a 5-year route to ILR, as long as they meet the route's requirements.

Will the new ILR rules apply to me if I'm already in the UK?

Yes, unless you settle before they take effect or you fall into a protected group, such as eligible care workers who joined before May 2025. The rules that apply are those in force when your application is decided.

Can I still apply for ILR after 5 years?

Yes. Until the new rules take effect, applications are decided under the current rules, and the 5-year routes remain open.

Check your ILR eligibility

This article is general information, correct when published. Rules change often, so please contact us for advice on your situation.

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