Is the 5-Year ILR Route Changing to 10 Years? 2026 Earned Settlement Update

June 2026 status — what is happening right now

As of June 2026, the earned settlement reforms are not yet law. No Statement of Changes to the Immigration Rules has been laid before Parliament. The 5-year ILR route remains fully operative — if you have completed 5 years of qualifying residence and meet all other requirements, you can apply for ILR right now under the current rules.

The original April 2026 implementation target was delayed due to the requirement for additional Parliamentary scrutiny, following lobbying from immigration lawyers, campaign groups, and MPs. Implementation is now expected in Autumn 2026, though several legal experts and the Home Affairs Committee have noted this could slip to early 2027. There is no confirmed date.

What is earned settlement and what does it replace

Earned settlement is the UK Government's proposed framework to replace the current fixed-period ILR system. Instead of a standard 5-year qualifying period for all routes, migrants would qualify for settlement after a period that varies based on their earnings, public contribution, and conduct in the UK.

The proposals were first announced in the May 2025 Immigration White Paper and formalised in a public consultation titled "A Fairer Pathway to Settlement," which ran from 20 November 2025 to 12 February 2026. Over 200,000 responses were received — the highest response rate for a UK immigration consultation in recent history.

New qualifying periods — the full breakdown

Under the proposed framework, the qualifying period is not fixed — it varies based on salary, occupation, and conduct:

Important: These figures are proposals from the consultation document — not confirmed rules. Final thresholds will only be known once the Statement of Changes is laid before Parliament.

Will it apply retrospectively to people already in the UK

Yes — this is the most significant and contested aspect of the proposals. Home Secretary Shabana Mahmood confirmed on 1 March 2026 that the changes will apply retrospectively: to people already in the UK on the path to ILR, not just future arrivals. Someone who entered the UK in 2022 on a 5-year Skilled Worker route — expecting to apply for ILR in 2027 — could instead find themselves on a 10-year qualifying timeline.

The Government's justification is that no ILR has yet been granted, so the "promise" of 5-year settlement has not been fulfilled and is not vested. Immigration lawyers and campaign groups strongly contest this, arguing it constitutes a breach of legitimate expectation.

As of June 2026, no formal transitional arrangements have been announced for Skilled Worker visa holders. The Home Affairs Committee recommended grandfathering (see below) but the government has not yet responded.

Who is confirmed or likely protected

Formally confirmed (written into law or treaty):

• EU Settled Status holders — explicitly protected under the 2020 Withdrawal Agreement. The Government cannot change their settlement timeline.
• Refugees (pre-1 March 2026 claims) — adults and children granted 5 years' leave following an asylum claim made by 1 March 2026 retain the existing 5-year settlement path.

Strongly signalled but not yet legally confirmed:

• Spouse and partner visa applicants — multiple ministerial statements indicate the family route will retain a 5-year path. Not yet in the Immigration Rules.
• BNO visa holders — similar signals citing the UK's obligations under the 1984 Sino-British Joint Declaration. Not yet formally guaranteed.

Unprotected (highest risk — apply now):

• Skilled Worker visa holders already part-way through the 5-year qualifying period
• Intra-Company Transfer workers
• Global Talent (check your tier — some may qualify via high earnings)
• Workers on the current 10-year Long Residence route
• Medium-skilled workers (RQF 3–5) — proposed 15-year baseline

What happens to the 10-year Long Residence route

The consultation proposed abolishing the standalone 10-year Long Residence route entirely. This route currently allows migrants to accumulate 10 years of continuous lawful residence across multiple visa categories to reach ILR — regardless of employment status, earnings, or the type of visas held. It is widely used by people who have changed visa categories over the years, or who held student visas before switching to work routes.

If abolished, these applicants would need to qualify under the new earned settlement framework instead. As of June 2026, the Long Residence route remains fully operative. If you are approaching 10 years of qualifying residence, apply immediately — do not wait.

The Skill Migrants Alliance legal challenge

The Skill Migrants Alliance — a campaign organisation representing approximately 1.6 million workers on the Skilled Worker and related routes — has taken the following actions:

• Instructed barristers at Garden Court Chambers and solicitors at Kingsley Napley to prepare a judicial review challenge
• Secured cross-party political support: 35 Labour MPs, 17 members of other parties, and a letter to the Home Secretary
• Submitted evidence to the Home Affairs Committee, whose HC 1409 report (March 2026) cited their concerns
• Building a litigation fund for when the Statement of Changes is published

The legal grounds being considered include: legitimate expectation (the 5-year promise), Article 8 ECHR (family life), procedural unfairness (government not responding to HAC by the 13 May 2026 deadline), and indirect discrimination under the Equality Act 2010. See the full legal challenges guide for a detailed breakdown.

What you should do right now

1. Check your qualifying date using the ILR calculator. Does it fall within the next 12 months?
2. Check your absence record — use the absence calculator to verify you have not exceeded 180 days in any rolling 12-month window
3. Check your salary compliance — from 8 April 2026, each pay period must meet the monthly minimum. Review every payslip since that date.
4. Check your English language certificate — B1 is valid for applications before 26 March 2027; B2 required after. See the B2 English requirement guide.
5. Gather documents now — payslips (last 6 months minimum), P60s, passport travel history, Life in the UK test certificate, English language certificate, current visa evidence
6. Apply using the 28-day window — you can apply up to 28 days before your qualifying date. See the 28-day guide for exactly how this works.