The United Kingdom is preparing to restructure its long-term immigration framework by shifting from an automatic five-year settlement pathway to a conditional system of earned ILR. The consultation paper, titled A Fairer Pathway to Settlement, was launched on 28 November 2025 and will remain open for public feedback until 12 February 2026, as reported by The WP Times. The proposal represents the biggest structural adjustment to settlement policy in more than a decade and would directly affect the way long-term residents achieve permanence in the UK.

Current ILR structure and why reform is being proposed

Under the existing system, most Skilled Worker visa holders become eligible for Indefinite Leave to Remain after five continuous years of residence, provided they pass the Life in the UK test, meet absence limits (generally no more than 180 days per rolling 12-month period), demonstrate continued employment and satisfy financial maintenance criteria.

The Government argues that time alone is no longer considered a reliable indicator of contribution or integration, and that economic value combined with public responsibility should form the basis of long-term status.

Core proposal: settlement period extended to 10 years

The Home Office plan introduces a default qualifying period of ten years for ILR, replacing the current five-year standard. Early ILR may still be achieved but only through demonstrable contribution, either economic, social or professional. The earned settlement model therefore moves away from automatic entitlement based on duration and towards performance-based progression.

EU nationals with status under the EUSS scheme are not included in the reform. The earliest implementation window is expected in spring 2026.

Minimum criteria to qualify for ILR under the new model

Even after ten years of residence, applicants will still need to meet a mandatory baseline of requirements:

RequirementSpecification
English languageMinimum B2 CEFR level
Legal and financial integrityNo government debt or ongoing litigation
Life in the UK testMust still be passed, with possible reform
EarningsMinimum £12,570 annually for 3–5 years before application
SuitabilityNo criminal history meeting refusal grounds

These conditions make settlement contingent not only on presence, but on sustained employability and societal compliance.

How settlement could be earned faster: acceleration criteria

What changes in the UK Settlement and ILR reform, and why the 10-year rule matters

Only one reduction mechanism may be used per application.

AttributeReductionEarliest ILR
English proficiency at C11 year9 years
Volunteering or community service3–5 years5–7 years
Work in RQF6+ public service roles5 years~5 years
Earnings of £50,270+ for 3 years5 years~5 years
Earnings of £125,140+ for 3 years7 years3 years
Global Talent or Innovator7 years3 years
Family and BNO routes5 years5 years

Under this structure, contribution replaces time as the primary driver of permanence.

When the pathway could be extended beyond 10 years

Where applicants rely on public funds or breach immigration conditions, the default term would lengthen.

FactorIncreaseTotal residency
Public funds <12 months+515 years
Public funds >12 months+1020 years
Illegal arrival (small boats)+2030 years
Entry as a visitor+2030 years
Overstay of 6+ months+2030 years

In severe cases settlement may become unobtainable or delayed for multiple decades.

Business impact and labour-market consequences

Raising ILR eligibility to ten years will likely increase sponsorship costs for employers and extend reliance on temporary work visas. With five-year Skilled Worker sponsorship already costing around £14,000 for medium and large firms, doubling the residency period could intensify financial pressure on recruitment budgets.

Sectors dependent on mid-skill labour such as care, hospitality and logistics may experience heightened shortages if fewer migrants see long-term settlement as attainable. High-earning categories remain the primary beneficiaries.

Retrospective application — the most sensitive element

The consultation states that changes may apply retrospectively to individuals already on the five-year track. For thousands of current residents this could mean delayed ILR and a radical alteration of expected timelines. Legal opinion has already highlighted potential grounds for challenge should rules be applied to historic cohorts.

Public submissions and next steps

The consultation remains open until 11:59pm on 12 February 2026. Employers, representative bodies, advocacy groups and private residents are invited to submit responses and propose amendments to the structure of the earned settlement model. The outcome will determine whether the five-year pathway becomes an exception rather than the norm in the UK immigration system.

Read about the life of Westminster and Pimlico district, London and the world. 24/7 news with fresh and useful updates on culture, business, technology and city life: Burger King SpongeBob Menu UK: All Krabby Whopper Prices and Collectibles Revealed