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. The government has proposed changing that.

Following the 2025 Immigration White Paper and a public consultation that closed on 12 February 2026, the UK government has proposed what it calls “earned settlement”. Under the proposed system, the baseline qualifying period for ILR would rise from 5 years to 10 years for most migrants on work routes, with the period adjusted up or down according to factors such as your salary, criminal record, use of public funds and overall contribution to the UK.

As of September 2026, the new rules have not yet come into force. The original April 2026 target was delayed by the need for additional Parliamentary scrutiny. Implementation is now expected in Autumn 2026, though some legal experts believe it may slip to early 2027. 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 or 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 September 2026)

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

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

For someone earning £35,000 a year on a Skilled Worker visa, the difference between applying now and 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 September 2026:

• Now, September 2026: current rules still in force, so apply if eligible. As of September 2026, the earned settlement rules have not come into force and the 5-year route remains open. If you have completed, or will complete, 5 years within the next 28 days, you can apply right now under the existing system.
• Summer to Autumn 2026: high-risk uncertainty zone, act immediately. There is no confirmed change date. If your 5-year qualifying date falls in this window, start gathering documents immediately. Once a Statement of Changes is laid before Parliament, rules typically come into force within 21 days. You may have very little notice.
• Autumn 2026 to early 2027 (expected): new rules expected to take effect. The earned settlement 10-year baseline is anticipated to come into force. Some legal experts believe this may slip to early 2027. Any application submitted after this date, even if you started your 5-year journey in 2021, may be assessed under the new rules.
• 26 March 2027 (confirmed): B2 English requirement takes effect for ILR. The English language standard for most ILR applications rises from B1 to B2. This is already confirmed in the March 2026 Statement of Changes. If you currently hold only a B1 certificate and your application falls after this date, you will need to re-test.
• If the proposals are implemented: new system in force, 10 or 15-year baseline applies. Once new rules are live, most migrants who have not yet been granted ILR would need to satisfy the earned settlement criteria. Medium-skilled workers may face a 15-year baseline. Transitional arrangements have not been confirmed and should not be assumed.

Complete document checklist

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

Identity and immigration status

• Current valid passport (and all previous passports held during your 5-year period)
• Current Biometric Residence Permit (BRP) or eVisa record from your UKVI account
• All previous visa vignettes and entry clearance letters
• Home Office decision letters for any previous applications

Continuous employment and income

• Payslips: ideally all 60 months, or at minimum the most recent 6 months
• P60 forms for each tax year during your 5-year qualifying period
• A letter from your employer confirming your job title, salary and start date
• Bank statements showing salary credits (the last 6 months at minimum)
• If self-employed: SA302 tax calculations, business bank statements and an accountant’s letter

Absence evidence (critical for the 180-day test)

• A complete list of every absence from the UK during your 5-year period, with departure and return dates
• Boarding passes, e-ticket PDFs or travel itineraries to support your absence dates
• If you were absent for more than 180 days in a single 12-month window: employer letters confirming the absence was required for work

Language and knowledge requirements

• Life in the UK test pass notification (you must have passed, not just booked)
• English language certificate (IELTS, Trinity SELT or equivalent at B1 or above), or evidence of exemption (a degree taught in English, or a nationality exemption)
• If you passed English at the visa application stage and it has not expired, you may not need a new certificate; check the current rules on GOV.UK

Continuous residence proof (if required by your route)

• Utility bills or bank statements addressed to you in the UK, covering the full 5-year period
• Council tax bills or tenancy agreements showing your UK address
• NHS registration letters or GP records showing UK registration
• Children’s school letters or correspondence (if applicable)

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, read 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, so do this immediately. The cost is £50 and 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 £3,029 on 8 April 2026). There is an additional fee for the super priority service (next working day decision) or the 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. The 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, 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, so that people already mid-journey could complete their application under the old rules. However, the government intends to make this change through the Immigration Rules, which the Home Secretary can change by laying a Statement of Changes before Parliament, and there is no automatic requirement for transitional arrangements.

Legal experts have noted 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, always check the official Home Office immigration rules page on GOV.UK. It 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 until after the new earned settlement system takes effect, the consequences are significant:

• 5 extra years of waiting. Under the proposals, the standard baseline would be 10 years instead of 5, with no guarantee of a 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
• A new income test. Under the proposals, you would need to demonstrate £12,570 of personal taxable income a year for 3 to 5 years before your application
• The 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, and 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 whole family’s timeline for settled status and citizenship

For 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