ILR Transition Protections 2026 — Who Might Be Exempt From the 10-Year Rule?

What are transitional arrangements?

Transitional arrangements are legal provisions that protect people who made decisions under the old rules when those rules change. In the ILR context, this means provisions that would allow people already part-way through a 5-year qualifying period to continue under the old 5-year timeline — rather than being forced onto the new 10-year baseline — when earned settlement rules take effect in Autumn 2026.

The Home Secretary has consistently stated that the changes will apply to people already in the UK who have not yet been granted ILR. However, she has also acknowledged that the consultation specifically asked for views on transitional arrangements, and at the Westminster Hall debate on 2 February 2026, the Immigration Minister said transitional arrangements "remain under active consultation."

Who appears likely to be protected

Based on government statements, consultation documents, and the confirmed treatment of specific groups, the following people appear most likely to retain protection:

• EU Settled Status holders and pre-settled status holders — explicitly protected under the Withdrawal Agreement. The Government has confirmed they are not subject to the earned settlement changes.
• Refugees with asylum claims made before 1 March 2026 — a confirmed transitional arrangement: adults and children granted 5 years' leave as a result of an asylum claim made by 1 March 2026 remain eligible to apply for settlement after 5 years under the existing rules.
• Spouse and partner route applicants — the consultation document and ministerial statements strongly suggest the family route will retain a 5-year path.
• BNO visa holders — similar signals that the BNO pathway is likely to be exempt from the 10-year change.
• Anyone who already holds ILR — settled status once granted cannot be taken away.

Who faces the most uncertainty

The group facing the greatest risk with the least confirmed protection is Skilled Worker visa holders already part-way through their 5-year qualifying period. The consultation explicitly proposed applying the 10-year baseline to this group without confirmed protection. Other groups with uncertainty include:

• Skilled Worker holders who have completed 3–4 years of their 5-year period
• Intra-company transfer workers and other economic visa holders
• People on the 10-year Long Residence route who could be affected by the abolition of that standalone route
• Adult dependants of economic migrants who may need to independently qualify under the new framework

Types of transitional protections the Government might offer

While nothing has been confirmed, immigration experts have discussed several possible models:

• Full grandfathering: Anyone currently in the UK on a route to ILR continues under the current 5-year rules. This is the most generous option and the most legally defensible, but the Government has signalled it will not offer blanket protection.
• Proximity-based protection: Anyone within a certain distance of their 5-year qualifying date (e.g. within 12 or 18 months) is protected. Those further away face the new timeline.
• Graded extension: The qualifying period increases gradually — e.g. those currently at 4 years need 6 years total; those at 3 years need 7; those at 2 years need 8; newcomers need 10.
• No protection at all: Everyone who has not yet been granted ILR when the rules change moves to the new 10-year baseline. This is the most severe option and the one most likely to face legal challenge.

What evidence should you preserve right now?

Whatever form transitional arrangements take, you will likely need to demonstrate your current qualifying status. Preserve the following documents:

• Copies of all BRPs or eVisa records showing grant dates and leave to remain history
• Passports covering your entire period in the UK (including expired ones)
• Payslips and P60s confirming continuous employment throughout the qualifying period
• Bank statements showing regular activity in the UK (supporting physical presence)
• Any correspondence with the Home Office, UKVI, or your sponsor confirming your visa status dates
• Tenancy agreements, mortgage statements, or council tax records evidencing continuous UK residence

The single most effective protection: apply now

The most reliable way to avoid any uncertainty about transitional arrangements is to apply for ILR under the current 5-year rules if you are eligible or will become eligible before Autumn 2026. Once granted, ILR cannot be taken away. The ILR calculator will show you your exact qualifying date and earliest application date. The 2026 deadline action guide walks you through every step.