If you are part-way to settlement in the UK and have seen headlines about a “10-year ILR rule,” here is the short answer: nothing has changed in law yet. As of October 2026, the standard qualifying period for Indefinite Leave to Remain remains five years for most routes. The 10-year proposal is exactly that — a proposal that has been through consultation but has not been written into the Immigration Rules. In September 2026 the Home Secretary told MPs the final policy will be set out later this year, before February 2027.
That distinction matters enormously, and a lot of online commentary blurs it. Below we set out what is genuinely confirmed, what is still only proposed, and what you can sensibly do while the picture remains unsettled.
What is “earned settlement”?
“Earned settlement” is the name the government has given to its proposed overhaul of how people qualify for Indefinite Leave to Remain (ILR). The idea was set out in the May 2025 Immigration White Paper and developed in a November 2025 Command Paper titled A Fairer Pathway to Settlement.
Under the current system, most people settle after five years of continuous lawful residence on a qualifying route, provided they meet the other requirements. Under the proposed earned settlement model, settlement would no longer follow automatically from time spent in the UK. Instead it would depend on a combination of factors including sustained earnings, compliance history, English language ability, the Life in the UK test and financial responsibility.
What has actually changed in law so far?
This is the part most articles get wrong, so we will be precise.
The core change — raising the qualifying period from five to ten years — has not been enacted. No Immigration Rules introducing a 10-year baseline have been laid. The existing five-year and ten-year ILR routes remain fully in force, and applications are assessed under the rules in place on the date you apply.
One settlement-related change has been confirmed. The March 2026 Statement of Changes introduced a higher English language requirement — CEFR Level B2 (broadly A-level standard) — for several settlement routes, commencing 26 March 2027. People who previously expected to meet the B1 standard to settle will generally need to meet B2 from that date, unless they are exempt or can apply for ILR before it takes effect. This is confirmed and dated; the 10-year qualifying period is not.
What the Home Secretary told MPs in September 2026
At a Home Affairs Committee evidence session on 15 September 2026, Home Secretary Shabana Mahmood said:
- The earned settlement policy, including any transitional arrangements, will be set out “later this year”.
- Decisions will come in good time before February 2027, when people who arrived in 2022 would reach five years under the current rules.
- More than 200,000 consultation responses were received, and analysing them took longer than expected. This is why the earlier “autumn 2026” target for changing the rules has slipped.
- Transitional options are still open. They range from “passporting” certain groups through under the five-year rule to phased arrangements for others. No option has been chosen.
- The rules that apply are those in force when you apply, not when you arrived.
No minimum notice period has been promised. Any change will come through a Statement of Changes to the Immigration Rules. The September 2026 Statement (HC 584, laid on 3 September) did not include earned settlement.
What the government has proposed
If the proposals in A Fairer Pathway to Settlement are adopted, the headline change would be a 10-year baseline qualifying period for most routes, replacing the current five years. The consultation also set out:
- Reductions to the qualifying period for some applicants — for example, those making a strong economic contribution. The consultation referenced higher-earner thresholds as illustrative triggers for an accelerated path; the exact figures and mechanics are not yet law.
- Longer periods for others — the consultation floated a possible 15-year baseline for some lower-paid or “medium-skilled and below” roles (which could include many care workers and a range of other occupations), and longer waits linked to use of public funds or breaches of immigration law.
- Closing the 10-year long residence route. It is still open today, so anyone who already qualifies should get advice on applying before the rules change.
We have deliberately not stated any of the proposed thresholds as fixed rules, because they are not. They are consultation illustrations and could change before — or if — anything is enacted.
Will it apply to people already in the UK?
This is the question causing the most anxiety, and the honest answer is that it has not been finally decided.
The government’s stated starting position has been that the new model would apply to people already in the UK who have not yet secured ILR, including those with pending applications. However, transitional arrangements — protections for people already part-way along the five-year route — are one of the specific points that the consultation asked about, and ministers have confirmed no decision has been taken.
In a Westminster Hall debate on 2 February 2026, prompted by petitions that together gathered hundreds of thousands of signatures, the Minister for Migration and Citizenship confirmed the government does not intend to keep the current framework — while also confirming that transitional arrangements remain subject to the consultation.
Timeline: what happens next
- May 2025 — Immigration White Paper published.
- November 2025 — A Fairer Pathway to Settlement Command Paper and public consultation launched.
- 12 February 2026 — Consultation closed; responses are being analysed.
- 13 March 2026 — Home Affairs Committee report calls for a clear and realistic implementation timeline, and for the reforms to be done right rather than fast.
- 15 September 2026 — Home Secretary tells MPs the final policy and any transitional arrangements will be set out later in 2026.
- February 2027 — The first people who arrived in 2022 reach five years under the current rules.
- 26 March 2027 — Confirmed: B2 English requirement begins for several settlement routes.
- 10-year qualifying period — Not yet enacted. No Statement of Changes has been laid, and the September 2026 Statement (HC 584) did not include it. The government says the final policy will be set out later in 2026.
Because the timing is genuinely uncertain, treat any specific implementation date you see elsewhere with caution unless it links to a laid Statement of Changes on gov.uk.
What you can sensibly do now
- If you are close to qualifying under the current five-year route, get advice on your timing. Applying under rules that exist today removes uncertainty.
- Strengthen your English now if you are heading towards settlement. The B2 requirement from March 2027 is confirmed, so preparing early is rarely wasted effort.
- Keep your residence and absence records clean and well-documented. Compliance history features heavily in the proposed model.
- Make sure your digital status is in order. If you have not yet set up your UKVI account, see our guide to the UK eVisa and how to prove your status.
We can review where you stand under the rules that apply today and help you plan around the proposed changes. Start with a free assessment or read more about our Indefinite Leave to Remain and British citizenship services.
Frequently asked questions
Has the 10-year ILR rule become law?
No. As of October 2026 the standard qualifying period remains five years for most routes. In September 2026 the Home Secretary said the final policy will be set out later this year. The 10-year period is a proposal that has not been enacted.
Will the change apply to me if I’m already in the UK?
That has not been finally decided. The government’s starting position has been that new rules would apply to those without ILR, but transitional protections are still being considered following the consultation. Options include letting some groups keep the five-year route (“passporting”). No decision has been announced.
Is anything about settlement actually confirmed for the future?
Yes — a higher English requirement (B2) for several settlement routes begins on 26 March 2027. The 10-year qualifying period is not confirmed.
Should I apply for ILR now if I qualify?
If you meet the current five-year requirements, applying now means you are assessed under today’s rules. Whether that is the right move depends on your circumstances — it is worth getting tailored advice.
Where can I check the official position?
The Home Office publishes the current rules at gov.uk/indefinite-leave-to-remain. Any change will appear in a published Statement of Changes to the Immigration Rules.
When will the 10-year rule start?
No start date has been announced. The government says it will publish its final policy later in 2026, before February 2027. Any change would then be made through a Statement of Changes to the Immigration Rules, which normally takes effect some weeks after it is laid.
Written by the team at JPS Immigration — UK immigration advisers authorised and regulated by the Immigration Advice Authority (IAA). Our advisers include former UK visa and diplomatic officials, which gives us first-hand insight into how settlement applications are assessed. This article is general information, not legal advice, and immigration rules can change at short notice. For advice on your situation, contact us.
UK settlement rules are changing fast. We try to update this page as new rules are confirmed — but always check gov.uk before you apply.
