The Home Office has released a consultation paper proposing a major overhaul of the UK settlement system. Under the plans, the qualifying period for settlement across most visa routes would increase from the current 5 years to a 10-year baseline. Crucially, this change would apply not only to new applicants, but also to existing migrants […]
The Home Office has released a consultation paper proposing a major overhaul of the UK settlement system. Under the plans, the qualifying period for settlement across most visa routes would increase from the current 5 years to a 10-year baseline. Crucially, this change would apply not only to new applicants, but also to existing migrants who have not yet obtained Indefinite Leave to Remain (ILR).
The consultation is open to the public until 12 February 2026, and responses can be submitted through the Gov.UK online portal. Below is an outline of the most significant proposed changes.
The government proposes to apply the new 10-year requirement to everyone who has not yet reached ILR, stating that individuals who expect to settle in the coming months or years would become subject to the new rules as soon as they take effect.
Applicants may qualify earlier if they meet certain criteria, including:
| Contribution / Attribute | Reduction |
|---|---|
| English language at C1 level | –1 year |
| Taxable income of £125,140+ for 3 years | –7 years |
| Taxable income of £50,270+ for 3 years | –5 years |
| Employment in specified public service roles for 5 years | –5 years |
| Community work (e.g., volunteering) | –5 years |
| Global Talent workers or Innovator Founders | –7 years |
The 10-year baseline may be extended if applicants:
| Circumstance | Additional Years |
|---|---|
| Are in receipt of public funds | +5 years |
| Receive public funds for more than 12 months | +10 years |
| Entered illegally or overstayed for more than 6 months | +20 years |
Skilled workers in lower-skilled or lower-paid occupations, including Health and Care visa holders would need to complete 15 years before becoming eligible for settlement.
Dependants of British citizens, and British Nationals (Overseas) from Hong Kong and their dependants, are excluded from the extended qualifying periods due to what the government describes as their “uniquely strong attachment” to the UK. Their settlement routes would remain quicker.
The existing long residence pathway, which allows applicants to combine different visa categories to reach 10 years of lawful residence, would be abolished.
All settlement applicants would be required to show annual earnings above £12,570 for at least 3 to 5 years.
Dependants would no longer automatically qualify for settlement alongside the main applicant. Instead, they would need to independently meet all requirements, including the qualifying period and other attributes. Further details are still under consultation.
These proposals represent one of the most far-reaching reshapes of the UK immigration system in decades. They are controversial and, if implemented, would significantly affect all migrants planning long-term residence in the UK.
Given that the proposed rules would be more stringent and may apply even to those already on their route to settlement migrants who are eligible under the current 5-year rules should consider applying for settlement as soon as they qualify.
For further information and support on applying for indefinite leave to remain please contact us 02079036889 or email contact@davenportsolicitors.com.
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