Apply for ILR Before the 2026 Deadline — Complete Action Guide

What is changing and when

For most of the last decade, the standard route to Indefinite Leave to Remain (ILR) in the UK required 5 years of continuous lawful residence. That is changing.

Following the 2025 Immigration White Paper and a public consultation that closed on 12 February 2026, the UK government is introducing what it calls "earned settlement." Under this new system, the baseline qualifying period for ILR rises from 5 years to 10 years for most migrants on work routes, with the period adjusted up or down based on factors like your salary, criminal record, use of public funds, and overall contribution to the UK.

As of June 2026, the new rules have not yet come into force. The original April 2026 target was delayed due to requirements for additional Parliamentary scrutiny. Implementation is now expected in Autumn 2026, though some legal experts now believe it may slip to early 2027. Regardless, no confirmed date has been announced — and the government retains the power to move quickly once rules are laid before Parliament.

Who can still apply under the 5-year rule

You can apply for ILR under the current 5-year rules if all of the following apply to you:

• You have completed (or are about to complete) 5 continuous years of lawful residence in the UK on an eligible visa route
• Your route is one of: Skilled Worker, Intra-Company Transfer, Global Talent, Innovator Founder, Partner/Spouse (family route), Hong Kong BNO, or EU Settled Status (pre-settled to settled)
• You have not spent more than 180 days outside the UK in any single 12-month rolling period during those 5 years
• You meet the English language requirement (currently B1 for existing route holders, though B2 is now required for new Skilled Worker applications from January 2026)
• You have passed (or are exempt from) the Life in the UK test
• You meet the good character requirement — no serious criminal convictions or immigration breaches
• You submit your application before the new earned settlement rules take effect

Routes protected under current rules (as of June 2026)

The following visa holders are currently still on a 5-year path to ILR under existing rules, and may be protected if they qualify and apply before the new system takes effect:

• Skilled Worker visa holders (most common — engineers, nurses, teachers, IT professionals)
• Partner or spouse of a British citizen or settled person (family route)
• Global Talent visa holders — can qualify in as little as 3 years in some endorsement categories
• Hong Kong BNO visa holders — 5-year route expected to be retained
• EU Settlement Scheme (EUSS) — converting pre-settled status to settled status remains unaffected
• Long Residence applicants — note: this 10-year aggregation route is expected to be abolished under the new system

Old system vs new system — side by side

Understanding exactly what you stand to lose if the new rules apply to you is important. Here is a direct comparison:

Factor	Current rules (5-year route)	New earned settlement system
Baseline qualifying period	5 years	10 years for most work routes
Fastest possible route	3 years (Global Talent)	3 years only if earning £125,140+ per year
Middle earners (£30,000–£50,000)	5 years as standard	10 years as standard — no reduction available
High earners (£50,270+)	5 years	5 years (protected under new system)
Medium-skilled workers (e.g. chefs, care workers, welders)	5 years as standard	15 years proposed — the longest baseline of any group
English language requirement	B1 for existing route holders	B2 confirmed for ILR from 26 March 2027; already required for new Skilled Worker applicants from Jan 2026
Income floor for application	No personal income minimum	£12,570 taxable income per year for 3–5 years
10-year long residence route	Available — aggregate time across visa types	Expected to be abolished
Application fee (2026)	£3,226 per person (increased 8 April 2026)	£3,226+ (likely to increase further)

For someone earning £35,000 a year on a Skilled Worker visa, the difference between applying now vs. being caught by the new rules is potentially 5 extra years in the UK without settled status — five more years of visa renewals, biometric appointments, uncertain planning, and application fees.

The critical timeline for your application

Here is where things stand as of June 2026:

Complete document checklist

A successful ILR application requires clear, complete evidence across five categories. Start collecting these now, well before your qualifying date:

Step-by-step: how to apply for ILR right now

Here is the full process from start to finish:

1. Check your qualifying date. Use the ILR Calculator to confirm your exact 5-year qualifying date and the 28-day early application window. Your qualifying period runs from the date your first visa was granted — not the date you entered the UK.
2. Check your absence record. Log every trip abroad. No single rolling 12-month window can exceed 180 days. If you are close to the limit, check our Continuous Residence Guide before proceeding.
3. Book and pass your Life in the UK test if you have not already. Tests book up fast — do this immediately. Cost is £50. You need 18 out of 24 correct to pass.
4. Gather all documents from the checklist above. Allow at least 4 to 6 weeks to collect everything, especially if you need to request old payslips from previous employers.
5. Complete the SET(O) application form on the official Home Office website. SET(O) is the standard form for most work route ILR applicants. Family route applicants use SET(M).
6. Pay the application fee. The current ILR fee is £3,226 per applicant (increased from £2,885 on 8 April 2026). There is an additional fee for super priority service (next working day decision) or priority service (5 working days).
7. Book your UKVCAS biometrics appointment. These slots are in high demand. Book as early as possible once your application is submitted.
8. Attend your appointment and submit original documents (or upload them digitally in advance, depending on your service centre).
9. Wait for a decision. Standard processing takes up to 6 months. Priority service takes approximately 5 working days. Super priority gives a next working day decision.

Will the rule change apply to me retrospectively?

This is the question every applicant is asking right now, and the honest answer is: it might, and the risk is real enough to act on.

Historically, the UK immigration system has offered transitional protections when major rules change — meaning people already mid-journey are allowed to complete their application under the old rules. However, the legal mechanism the government is using for this change — HC 1491 powers — gives the Home Secretary authority to implement changes to the Immigration Rules without automatic transitional arrangements.

Legal experts have confirmed that the 10-year baseline could be applied to anyone who has not yet been granted ILR, even if they started their 5-year journey under the old rules. In plain terms: the time you have already served does not automatically protect you.

For the most authoritative and up-to-date guidance on this, always check the official Home Office immigration rules page on GOV.UK — this is the only source that carries legal weight.

Risks of waiting — what happens if you miss the window

If you are eligible to apply under the current 5-year rules but delay your application until after the new earned settlement system takes effect, the consequences are significant:

• 5 extra years of waiting — the standard baseline becomes 10 years instead of 5, with no guarantee of reduction unless you earn above £50,270; medium-skilled workers may face 15 years
• Additional visa renewals — each renewal costs money, requires employer compliance, and creates uncertainty if your sponsorship changes
• New income test — you will need to demonstrate £12,570 of personal taxable income per year for 3 to 5 years prior to your application
• B2 English requirement (confirmed from 26 March 2027) — even if you currently hold a B1 certificate, you will need to pass B2 for any ILR application submitted after 26 March 2027. This is already confirmed in law.
• Higher fees now — the ILR fee already rose to £3,226 on 8 April 2026. Fees are likely to increase further under the longer system.
• Family uncertainty — dependants on your visa are also affected; a 10 or 15-year wait affects your entire family's timeline for settled status and citizenship

For context on how the earned settlement system calculates your specific timeline, see our Settlement Route Eligibility Guide — which covers which route you are on and what it means under the new framework.

Frequently asked questions

Can I still apply for ILR under the 5-year rule in 2026?

Yes. As of June 2026, the current 5-year rules are still in force. The earned settlement changes have not yet been implemented. If you have completed 5 years of continuous lawful residence and meet all other requirements, you can and should apply now. Implementation is expected in Autumn 2026 or early 2027 — but no confirmed date has been set.

What happens if the rules change before I submit my application?

If the earned settlement rules take effect before you submit, your application may be assessed under the new 10-year system. No transitional protection has been formally confirmed. The safest course is to submit as soon as you are eligible.

I am 6 months away from my 5-year date. Should I start preparing now?

Absolutely yes. Start gathering documents immediately. Many applicants underestimate how long it takes to collect 5 years of payslips, P60s, and travel records — especially from previous employers. Six months is the minimum sensible preparation window.

Does the 28-day early application window still apply?

Yes. You can apply up to 28 calendar days before your qualifying date. This means if your 5-year qualifying date is 1 November 2026, you could submit on 4 October 2026 — potentially before the new rules take effect.

My employer is a small business. Can they still sponsor my ILR application?

ILR is not sponsored by your employer — it is your personal application based on your immigration history. Your employer does not submit or fund your ILR application, though they may need to provide a letter confirming your employment and salary.

What if I fail the 180-day absence test?

If any rolling 12-month window during your 5-year period exceeds 180 days of absence from the UK, your application is likely to be refused. You should not apply until you understand your absence position fully. Use the absence checker on our homepage to verify your dates, and read our Absence Calculator Guide for a full explanation of how the 180-day rule is applied.

Has the ILR application fee changed?

Yes. The ILR application fee increased to £3,226 per applicant on 8 April 2026 (up from £2,885). This applies to applications submitted on or after that date. Applying sooner rather than later will not save you money on fees at this stage, but fees are likely to rise further if the earned settlement system extends your wait by several years.

I currently have a B1 English certificate. Is that still enough?

For now, yes — if you apply under the current rules before 26 March 2027. However, the government confirmed in the March 2026 Statement of Changes that the English language requirement for ILR will rise from B1 to B2 for most routes from 26 March 2027. If your application falls after that date, a B1 certificate will not be sufficient. This is already confirmed in law, independent of the earned settlement changes. If you hold B1 only and your qualifying date is after March 2027, you should start preparing for a B2 test now.

Will EU settled status holders be affected by the new rules?

No. EU Settlement Scheme (EUSS) holders are not affected by the earned settlement reforms. Converting from pre-settled to settled status remains a separate, protected route under the EU-UK Withdrawal Agreement.