Last updated: 8 November 2026 · Reviewed by Jay Sudra, IAA-regulated immigration adviser
On 2 November 2026, the Home Secretary set out the Government’s final plans for “earned settlement”, a new system that will make 10 years the standard wait for indefinite leave to remain (ILR). For families, the effect depends heavily on who your partner is. Spouses of British citizens are treated very differently from partners of people who are settled but not British, or partners of people on work visas.
This guide explains what has been announced for families, what hasn’t changed yet, and what you can do now.
First: the rules haven’t changed yet
The announcement sets out Government policy. It isn’t law yet. The Home Secretary said the changes “will begin to be laid from the December immigration rules” and will be “implemented over the course of 2027”. A full timetable hasn’t been published, and the detailed rules haven’t been written. Until they’re laid and come into force, the current rules apply, including the 5-year route to settlement for spouses and partners.
For an overview of the new 3, 5, 10 and 20-year pathways, see the 10-year ILR rule explained.
Spouses and partners of British citizens
This group keeps its current route. The Government’s announcement says: “Family members of British citizens, Hong Kong British Nationals (Overseas) and members of the armed forces will keep their current pathways.” The consultation response says that “recognised British connections will continue to qualify for a five-year pathway”, and that covers eligible partners, parents and children of British citizens.
There are conditions, though. You’ll still need to meet the requirements of your route (the normal spouse visa requirements) and the new mandatory settlement requirements set out below. So the timescale stays at 5 years, but what you need to show at the ILR stage is likely to increase.
This applies to the standard 5-year partner route. If you’re on the longer 10-year partner route, for example because the financial requirement couldn’t be met, “keeping your current pathway” means that route still applies to you.
Partners of people who are settled but not British
This is where the news is less good. The response doesn’t list partners of settled people (for example, someone with ILR or EU settled status) as a “British connection”. The Government’s estimates say partners on family visas who aren’t sponsored by a British citizen “will move to a longer pathway to settlement”.
The response also says permission on the family and private life routes won’t, on its own, qualify someone for the 3 or 5-year pathways. In practice, many partners of settled people are likely to face the 10-year pathway, unless they qualify for a shorter one in their own right, for example through earnings or public service work.
The exact position will only be clear when the rules are published. If this applies to you, it’s worth getting advice now on your timing.
Partners of people on work and other visas
If your partner is the main applicant on a work route, such as a Skilled Worker visa, and you’re their dependant:
- if you came to the UK with them, you’ll still be able to settle at the same time as them
- if you joined them later, you’ll need to complete the same qualifying period yourself before you can settle
The main applicant’s pathway (3, 5, 10 or 20 years) will depend on their own earnings and circumstances. The response also allows couples to combine their earnings in some circumstances, but the detail hasn’t been published yet.
Children
The response says:
- Children under 18 will still be able to settle with their parents. They’ll be exempt from the income, government debt, English language and Life in the UK test requirements.
- Young adults aged 18 to 24 who have child dependant status can settle with their family. They won’t need to meet the individual earnings requirement, but will need to meet the other adult requirements.
- Anyone aged 25 or over will be expected to qualify independently, or move to another immigration route.
The new requirements every adult will need to meet
Whichever pathway applies, the Government says every applicant will need to meet four “non-negotiable” conditions:
- a spotless criminal record. Today, only a sentence of 12 months or more automatically blocks settlement.
- English spoken to a high standard, described as “equivalent to A-Level English as a foreign language” (level B2, up from B1 today)
- no debt owed to the taxpayer, such as unpaid tax, NHS charges or Home Office costs
- a record of sustained National Insurance contributions
The Life in the UK test will still be required, as it is now.
People aged 65 and over, children, and people with a qualifying physical or mental condition are exempt from the English, Life in the UK and earnings requirements.
Breaching immigration rules means waiting “at least 20 years”, and the consultation response applies the same 20-year wait to people who have accessed public funds. That makes the no recourse to public funds condition on your current visa even more important to understand.
Will it apply to families already in the UK?
Probably, for most people. The Government says the four conditions above apply to all applicants “regardless of arrival date”. It estimates that more than 500,000 people will now wait longer than 5 years to settle. What matters is when you apply for settlement, not when you arrived, and the response doesn’t give a general exemption for people already in the UK. The specific transitional arrangements announced so far are for groups such as care workers and certain health and education workers who were in the UK before the Immigration White Paper of 12 May 2025.
People who already have ILR keep it.
What families can do now
- If you already qualify for ILR under the current rules, don’t wait. Rule changes normally start from a set date, and the Statement of Changes will say how applications made before then are treated. Applying as soon as you’re eligible is usually the safest option. See ILR after a spouse visa.
- Check which group you’re in. Is your partner British, settled but not British, or on a temporary visa? The answer decides your likely pathway.
- Start on the English and Life in the UK test early. B2 English takes time to reach if you’re currently at B1.
- Keep clear of public funds and immigration breaches, and keep your NI and earnings records in order.
- Watch for the December Statement of Changes. That’s when the detailed rules, and any transitional protection, will be published.
Not sure how the changes affect your family?
The detail matters, and timing could make a real difference to your family. Book a free assessment and we’ll look at your route and when to apply. See also our UK family visa services and indefinite leave to remain service.
IAA-Regulated Immigration Adviser & Founder, JPS Immigration
Former UK Home Office Immigration Officer & British Diplomatic Service Entry Clearance Officer
22+ years’ experience | BBC News contributor | LinkedIn profile
Frequently Asked Questions
I’m married to a British citizen. Will I now have to wait 10 years for ILR?
No, based on the announcement. The Government says family members of British citizens “will keep their current pathways”, which for spouses is 5 years. You’ll still need to meet your route’s requirements and the four new conditions, such as a spotless criminal record and B2 English.
My partner has ILR but isn’t British. Does the 5-year route still apply to me?
Not necessarily. The response doesn’t include partners of settled people in the British connection group, and its estimates suggest partners not sponsored by a British citizen will move to a longer pathway. Wait for the detailed rules, and get advice on whether to apply earlier if you can.
Do the new rules apply now?
No. They’ll start to be laid from the December 2026 Immigration Rules and be phased in during 2027. The current rules apply until then.
Will my children have to pass the English test?
Children under 18 will be exempt from the English, Life in the UK, income and government debt requirements.
I already have ILR. Is it affected?
No. People who already hold settlement keep it.
This guide reflects the Government’s announcement of 2 November 2026. The detailed Immigration Rules haven’t been published yet and may differ.
