The 10-Year ILR Rule & Earned Settlement 2026 — What You Need to Know
What is happening with the 10-year ILR rule?
In May 2025, the UK Government published its Immigration White Paper Restoring Control over the Immigration System, which proposed replacing the standard 5-year ILR route with a 10-year "earned settlement" model. A formal public consultation ran from 20 November 2025 to 12 February 2026 and received approximately 130,000 responses.
On 1 March 2026, Home Secretary Shabana Mahmood confirmed to The Times that these reforms will proceed and are targeted for implementation in Autumn 2026. She confirmed they will apply retrospectively to people already in the UK who have not yet been granted ILR — not only to future arrivals.
- The 5-year ILR route remains fully in force — no new Immigration Rules have been laid before Parliament yet
- Consultation closed 12 Feb 2026 — over 200,000 responses were received (the highest ever for a UK immigration consultation)
- Transitional arrangements remain undecided and unconfirmed
- Implementation target: Autumn 2026 or early 2027 (no binding date set)
- EU Settled Status, Spouse/Partner route, and BNO holders may be exempt from the 10-year change
What does "earned settlement" actually mean?
Under the proposed framework, the standard qualifying period would become 10 years for most economic migrants (Skilled Worker, etc.). However, applicants could potentially "earn" a shorter pathway by meeting contribution criteria:
- Very high earners could qualify after as few as 3 years (exact threshold not confirmed)
- High earners or public service workers might qualify at 5 years
- Standard applicants — 10-year baseline
- Lower earners / those who claimed public funds — potentially 15+ years
- Illegal entrants or those with long overstays — up to 20+ years
These figures are proposals from the consultation document, not confirmed rules. The final thresholds will only be known when the Statement of Changes is laid before Parliament.
Who is likely to be protected?
The Government has indicated certain groups may not face the 10-year extension:
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- EU Settled Status holders — protected under the Withdrawal Agreement
- Spouse/Partner route applicants — signals suggest this route may retain a 5-year path
- BNO visa holders — signals suggest BNO may also retain the 5-year route
- Refugees — confirmed transitional arrangements: asylum claims made before 1 March 2026 keep the existing settlement track
- People who already hold ILR — settled status once granted cannot be removed
Workers on the Skilled Worker route face the greatest risk of the 10-year change applying to them. No confirmed transitional protection has been announced for those already partway through the 5-year route.
What happened at the Westminster Hall debate?
On 2 February 2026, two petitions — one with 234,000 signatures calling to retain the 5-year route, one with 107,000 signatures calling to scrap the 10-year proposal — triggered a Westminster Hall parliamentary debate. The Immigration Minister confirmed the Government intends to proceed but acknowledged transitional arrangements remain "under active consultation." No assurances were given to protect those already on a 5-year pathway.
What should you do right now?
If you are approaching 5 years of qualifying residence and could apply for ILR before the rules change in Autumn 2026:
- Check your qualifying date using the ILR calculator — use the 28-day early window to apply as soon as you are eligible
- Do not wait for the formal rules to be published — by then it may be too late for your window
- Get your documents in order now — passport travel history, payslips, Life in the UK test, English language certificate
- Consider professional advice from an OISC-registered adviser if your case involves any complications (absences near the limit, employment gaps, etc.)
Read the full 2026 deadline action guide for a step-by-step plan.
What happens to the existing 10-year Long Residence route?
The consultation also proposes abolishing the existing 10-year Long Residence route as a standalone pathway — absorbing it into the new earned settlement framework. Under the new model, migrants would no longer need a specific "long residence" category since the baseline becomes 10 years for all economic routes anyway. Transitional arrangements for those already part-way through the long residence route have not been confirmed. The current Long Residence route remains fully operative until the rules formally change.
Calculate your 5-year continuous residence
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Caseworker Guidance: How the 10-Year Period is Scrutinized
When you apply for Indefinite Leave to Remain under the 10-year Long Residence route, Home Office caseworkers scrutinize your continuous residence with exceptional detail. Caseworkers check for any gaps in lawful status, excessive absences, or discrepancies in tax records. Even a single day without a valid visa in the last 10 years can break your continuous residence. Under the current policy, you must show you had consecutive, uninterrupted leave to enter or remain in the UK. This involves checking every visa approval letter, passport stamp, and Biometric Residence Permit (BRP) grant date to build a seamless timeline.
Caseworkers use the daily lookback method for absences. Under the traditional rules, applicants must not have been outside the UK for more than 180 days in any single trip, and no more than 548 days in total across the entire 10-year period. However, for leave granted after April 2024, the rolling 180-day rule applies, requiring that you do not spend more than 180 days abroad in any rolling 12-month window. This creates a dual-system calculation that caseworkers audit meticulously, matching physical passport stamps against electronic border records.
HMRC Tax History and Financial Auditing
A common cause for ILR delays or refusals under the 10-year route is a mismatch between earnings declared to the Home Office for visa renewals and the tax records held by His Majesty's Revenue and Customs (HMRC). Caseworkers have direct access to HMRC portals and will cross-verify your self-assessment records or PAYE income logs. If you were self-employed, an owner-director of a limited company, or switched visa categories within the 10-year window, you must ensure that all tax filings are completely accurate.
It is highly recommended to request an official HMRC Employment History Letter covering the entire 10-year period. This free record lists every employer, your annual earnings, and the tax paid. Having this log allows you to verify that your immigration applications align exactly with tax declarations, preventing potential allegations of deception under the general grounds for refusal.
Compiling the 10-Year Residency Log
Building a robust document pack for a 10-year application is a substantial administrative undertaking. Because physical passports may have been lost, renewed, or lack clear entry stamps, you should request a Subject Access Request (SAR) from the Home Office. This provides you with the electronic border crossing records held by UK Visas and Immigration (UKVI).
Once you receive the SAR data, compare it against your travel history, flight confirmation emails, and old passports. Every single departure and arrival date must be logged. Remember that the days of departure and return are counted as days present in the UK, not as absences. Any discrepancy can lead to caseworkers raising queries, which extends processing times significantly.
10-Year Long Residence Checklist
Before submitting your 10-year ILR application, ensure you have compiled all primary and secondary evidence. Caseworkers expect to see a logical, clear presentation of your history:
- Passports and Travel Documents: All current and expired passports covering the 10-year qualifying period. If any passports are missing, you must provide alternative travel logs and explanation letters.
- Biometric Residence Permits (BRPs): A complete collection of all physical cards or eVisa digital share codes showing continuous grants of leave.
- HMRC Employment History: Official tax history statement matching all declared earnings throughout the residency period.
- Absence Log & Travel Evidence: A chronological spreadsheet listing every trip, accompanied by flight tickets or hotel bookings where passport stamps are faint.
- Life in the UK & English Test: A valid test certificate for the Life in the UK exam (try our Free Life in the UK Mock Test) and an approved English language certificate at B1 level or above (or try our Free B2 English Mock Test).
Prepare for the Life in the UK Test
The Life in the UK Test is a mandatory requirement for 10-year Long Residence ILR. Take our free mock test with real exam questions.
Is the 5-year route actually changing?
June 2026 update: earned settlement is confirmed for Autumn 2026 but not yet law. The 5-year route is still fully in force — find out if you should apply now.