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.

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:

• 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.