It was heavily trailed in the White Paper earlier this year, and has been causing consternation to many since; and now, the Government has now announced its plans to change the path and qualifying periods for Indefinite Leave to Remain (ILR). As we predicted, the reality is much more nuanced than the blanket increase from five to 10 years that the media long since picked up and ran with. There is good news for the highly skilled and well rewarded, and a clear political argument behind it all. Matthew Davies and Vishal Makol take a closer look at when, why and how ILR is changing.
Let us start with the words of our Labour Home Secretary, Shabana Mahmood, a Birmingham born child of first-generation immigrants:
"Divides are growing. The goal of building a greater Britain is giving way to the lure of a littler England. We have no choice but to ask: what is the cause of our division? And how might this country be united? It is clear the pace and scale of migration in this country has not just been unprecedented, but also destabilising."
[from Foreword to A Fairer Pathway to Settlement A statement and accompanying consultation on earned settlement, Command Paper 1448, November 2025]
Shabana Mahmood goes on to characterise an extraordinary open border experiment that was the legacy of the last Conservative government…The bar to entry was lowered significantly. And so, she argues, as the ‘Boriswave’ of unprecedented migration breaks into automatic settlement for tens of thousands with questionable net benefit to the UK, it is time for the biggest shake-up in decades.
On 20 November 2025, the Home Secretary addressed the House of Commons and laid forth a statement and accompanying consultation on earned settlement named 'A Fairer Pathway to Settlement'.
Consultation will run until 12th February 2026, so there are no immediate changes to the Immigration Rules. With a large government majority and an opposition already pressing for greater restrictions, it is inevitable that, by April, this will become law.
What “fairer” will look like
The changes will apply to everyone already in the country who has not yet reached their ILR settled status when the immigration rules are changed, which we expect in early April 2026. This would affect almost 2 million migrants who arrived in the UK from 2021. It will not apply retrospectively to those with existing settled status. Transitional arrangements for those already in the UK will be set out following a consultation.
The new qualification criteria will be based on four core pillars, designed to ensure that applicants make a meaningful contribution to UK society and meet clear, measurable standards. The pillars are:
- Character
- Integration
- Contribution
- Residence.
The requirements for each pillar are listed in Table 1 under the Key Requirements of an earned settlement system section of the consultation.
Table 2 and Table 3 under the Key Requirements of an earned settlement system section of the consultation, set out how measurement against the pillars will increase or reduce the qualifying period for settlement.
All measures in these tables are subject to consultation, except the reductions for dependants of British citizens and for British Nationals Overseas (BNOs), who will retain their existing 5-year pathway to settlement.
A 10 year baseline - but exceptions and reductions for many
There is a new default 10-year baseline qualifying period, up from 5 years, but these factors will adjust that in individual cases:
- a taxable annual income of above £50,270 in the 3 years immediately prior to applying would mean a 5 year route to settlement
- an income of £125,140 and over would require only 3 years to settlement.
- applicants who have been employed as public servants retain a 5 year route to settlement
- measurable voluntary work could mean a 5 - 7 year route to settlement.
- Applicants on Global Talent or Innovator Founder visas for at least three years would only have to wait three years for settlement - a 7-year reduction.
There is a proposal whereby the qualifying period for settlement for a person granted entry and stay as the adult dependants of an economic migrant will be separately determined according to their own attributes and circumstances.
Applicants may benefit from a reduction on compassionate grounds - children, victims of domestic violence, adult dependent relatives, members of the armed forces and bereaved family members.
Applicants could also receive a discount period of one year for integration if they have competency in English language at C1 Level under the Common European Framework of Reference for Languages.
Tackling the “pull factors” – lower contribution = longer path
The qualifying period be increases to 15 years for applicants who claim public funds for less than 12 months during their route to settlement, and 20 years for those who claim for more.
An increase in the qualifying period will apply where the applicant originally entered the UK illegally, or originally entered as a visitor. This would mean, for example, that a person who entered the UK illegally could have a route to settlement as high as 30 years - beyond the 20-year default proposed for refugees who entered lawfully.
Low-paid workers, such as the 616,000 people and their dependants who came on health and social care visas between 2022 and 2024, would be subject to a 15 year baseline. That route was closed earlier this year following evidence of widespread abuse.
Finally, there are proposals that migrants only become eligible for benefits and social housing when they become British citizens, rather than upon being granted settlement, as is currently the case.
As part of the consultation, there is a survey which is open to anyone who wishes to share their views, including individuals, organisations, and other stakeholders who may be affected by or have an interest in the proposed changes. Given the measures, proposed strong representations from the UK’s powerful pro-immigration lobby are a given – but this Government looks set to hold the line.
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The information published across our Knowledge Base is correct at the time of going to press.
