The UK government has announced significant proposed changes to the country’s long-term immigration and settlement system. On 28 November 2025, the Home Office launched its new consultation, A Fairer Pathway to Settlement, seeking views on a major overhaul of how migrants earn indefinite leave to remain (ILR).
The consultation is open until 12 February 2026, and the proposals—if implemented—would reshape the UK’s long-term immigration landscape. Many UK immigration solicitors consider this one of the most substantial shifts in UK immigration law in over a decade.
For individuals planning their long-term future in the UK, and for employers relying on sponsored workers, this is an essential update.
What is settlement (ILR)?
Settlement—legally known as indefinite leave to remain (ILR)—allows a person to live, work and study in the UK permanently without immigration restrictions. It is also a mandatory step before applying for British citizenship.
Under the current system:
- Most Skilled Worker migrants qualify after five years
- Applicants must pass the Life in the UK Test
- There are limits on time spent outside the UK
- Skilled Workers must meet minimum earnings and prove continued need for the role
This is the framework UK immigration lawyers currently use when advising clients about long-term residence options.
What changes are being proposed for 2026?
The government has outlined a major shift: moving from a time-based system to a performance-based one.
The biggest proposed change is:
Increasing the default qualifying period for ILR from 5 years to 10 years
Individuals could still achieve settlement earlier, but only if they meet strict “earned settlement” criteria based on:
- integration
- conduct
- economic contribution
- community involvement
According to many UK immigration solicitors, this change will make settlement planning far more complex and personalised.
EU Settlement Scheme status is not affected by these changes.
No implementation date has been set, but the new system may come into force from spring 2026.
Minimum requirements under the proposed system
Under the consultation, anyone applying for ILR would need to meet these baseline requirements:
- No criminal convictions that trigger mandatory refusal
- No outstanding NHS debt, tax debt or other government debt
- English language ability at B2 level (higher than the current B1 standard)
- Passing the Life in the UK Test
- Annual earnings above £12,570 for 3–5 years prior to application
These minimum requirements create a 10-year baseline for settlement.
UK immigration solicitors note that these proposals place greater emphasis on stable employment and higher language proficiency.
How applicants can reduce the qualifying period
Applicants may shorten the 10-year period by meeting one of the following attributes:
- English at C1 level → 1-year reduction
- Volunteering/community contribution → 3–5-year reduction
- Public service role at RQF 6+ → 5-year reduction
- Earnings of £50,270+ for 3 years → 5-year reduction
- Earnings of £125,140+ for 3 years → 7-year reduction (settlement in only 3 years)
- Global Talent/Innovator Founder residence → 7-year reduction
This is likely to create more diverse settlement timelines, meaning UK immigration lawyers will need to carry out detailed route analyses for clients.
Factors that increase the qualifying period for ILR
The proposals also outline circumstances where the qualifying period could increase well beyond 10 years:
- Receiving public funds for less than 12 months → 15-year route
- Receiving public funds for over 12 months → 20-year route
- Illegal arrival, including small boat arrivals → 30-year route
- Entering via a visit visa → 30-year route
- Overstaying by 6 months or more → 30-year route
These increases severely impact applicants with complex immigration histories.
As a UK immigration solicitor, I can warn that even small past errors could now have long-lasting consequences.
Major criticisms of the proposed changes
The consultation has already drawn substantial criticism from legal experts, migrant organisations, and business groups. Key concerns include:
- Longer qualifying periods create uncertainty – extending the default route from 5 to 10 years (or longer in some cases) could delay settlement and citizenship, leaving migrants in prolonged temporary status.
- Retrospective application – applying the new rules to people already in the UK could penalise migrants who relied on the current five-year route. Many UK immigration lawyers consider this potentially unfair.
- Economic barriers – minimum earnings requirements and high-income thresholds may disadvantage lower-paid skilled workers and essential staff in public service roles.
- Complexity and subjectivity – the “earned settlement” model introduces discretionary elements based on contribution and integration, making it harder for applicants to plan and increasing the role of legal advice.
- Impact on dependants – dependants may also need to meet earnings and eligibility criteria, which could prevent families from achieving settlement together.
- Business impact – longer sponsorship periods and additional compliance costs may affect employers relying on Skilled Worker visas, particularly in sectors already facing skill shortages.
Participate in the consultation: Individuals, employers, and stakeholders can submit evidence and share their views via the Parliament’s call-for-evidence page here. Participating ensures your perspective is considered in shaping the future of UK immigration law.
Additional proposals under review
The Home Office is also consulting on:
- Extending the qualifying period to 15 years for workers in roles below RQF 6
- Restricting access to public funds until citizenship, not settlement
- How vulnerable groups should be treated
- Whether dependants must independently meet the earnings threshold
Impact on employers and global mobility teams
If implemented, these proposals will have significant business implications:
- Longer sponsorship periods for Skilled Workers
- Increased costs across multi-year routes
- Greater uncertainty in workforce planning
- Reduced attractiveness of the UK for inbound talent
- Potential challenges for lower-paid or shortage-occupation roles
A five-year Skilled Worker route can cost a medium or large sponsor nearly £14,000 per employee. Under a 10-year settlement route, some costs may double.
For executives or high earners, the accelerated settlement route for £125,140+ income may be beneficial—something UK immigration solicitors may highlight for corporate clients.
Need guidance on how these changes may affect you?
If you have questions about your UK immigration position or need support understanding how the proposed settlement reforms may impact your long-term plans, you can reach out for professional advice.
You may contact us by filling out our Quick Enquiry form if you need assistance or wish to discuss your circumstances with a qualified UK immigration solicitor. You can also call during office hours on 07544 669131 or 0116 3800 744.
Cross Border Legal Solicitors Ltd is a UK solicitor law firm regulated by the Solicitors Regulation Authority. The firm is headed by Mr Tito Mbariti, a UK Immigration and Human Rights Solicitor, practising lawyer, and member of the Law Society of England and Wales.