Summary:
• Timing: changes are expected to start reaching the Immigration Rules from December 2026 and phase in during 2027. No start date has been announced.
• Earnings tests: £125,141 for the 3-year path, £50,271 for the 5-year path and £12,571 for the 10-year path.
• Every path: no UK criminal record, B2 English, the Life in the UK test, no government debt and a record of contribution.
• Skilled Workers: below £50,271, the path is generally 10 years, and visas can be renewed until then.
• Care workers: those who joined before May 2025 and met their visa conditions, including £25,000 a year in care, keep 5 years.
• Students and graduates: Student and Graduate time will not count, and the Long Residence route will close.
• Partners and families: eligible partners, parents and children of British citizens keep a 5-year path.
How long will ILR take under earned settlement?
The Home Office's response to its consultation sets out four paths.
The standard wait for indefinite leave to remain (ILR) is moving from 5 years to 10 years under the government's earned settlement policy, announced on 2 November 2026. The policy is not yet in the Immigration Rules, so the current settlement rules still apply today. Some people will still settle in 3 or 5 years, based on earnings, public service or a British connection. A specified immigration breach or recent use of public funds can push the wait to 20 years. The government estimates that over 500,000 people will wait longer than 5 years.
Path | Who it covers | Earnings test |
|---|---|---|
3 years | Highest earners, and the Highest Talent Group (definition awaited) | £125,141 in 3 of the last 4 years |
5 years | Higher earners; eligible public service workers such as doctors, nurses and teachers; people with a British connection | £50,271 in 3 of the last 5 years, or 5 years in eligible public service, or a British connection |
10 years | Everyone else | £12,571 in 5 of the last 7 years |
20 years | Adults with a specified immigration breach, or anyone who accessed specified public funds in the 5 years before applying | £12,571 in 5 of the last 7 years |
What must everyone meet?
Every path carries the same core requirements, whichever one applies.
- No UK criminal record. The Home Office says any adult with one will be refused, including for some fines and out-of-court disposals.
- English at B2. The level rises from B1 on listed routes from 26 March 2027, with exemptions for children, people aged 65 and over, and people whose physical or mental condition prevents them meeting it.
- Life in the UK test. The same exemptions apply.
- No government debt. This includes NHS charges, tax, National Insurance and Home Office litigation debt.
- A record of contribution. The Home Secretary told Parliament this includes 3 years of National Insurance contributions.
When do the changes start?
No start date has been announced. The changes are expected to start reaching the Immigration Rules from December 2026 and to be phased in during 2027, with guidance and a full impact assessment before implementation.
There is no general exemption for people already in the UK. The Home Office position is that settlement applications are normally decided under the rules in force on the date of the decision, unless transitional provisions say otherwise.
What it means for Skilled Workers
A Skilled Worker earning below the £50,271 test will generally move to the 10-year path. The Home Secretary said workers on this path can renew their existing visas until they reach it, so a longer wait does not by itself mean leaving at year 5.
The practical effect is more extensions, more fees and a longer period tied to a sponsor. Employers should plan for that in their sponsorship budgets. Workers on the transitional pre-April 2024 salary terms will be able to extend on those terms until 2035.
The proposed 15-year path for roles below RQF 6 has been dropped.
What it means for care workers
The outcome depends on when the person joined the care route.
Situation | What happens |
|---|---|
Entered or switched in before the May 2025 White Paper, earned £25,000 a year in care and met sponsorship and employment conditions | Keeps the 5-year path |
Entered or switched in before the White Paper, did not meet those conditions | Can apply for one further 5-year care visa, not tied to the old employer, then apply for settlement |
Entered or switched in after the White Paper | 10-year path |
From 1 February 2027, care workers who lose their job because a sponsor licence was removed get up to 120 days to secure a new job offer, then up to 60 days to resolve their status. Health and education workers in roles below RQF 6 who arrived before May 2025 get a similar one-off 5-year route.
What it means for students and graduates
Time on a Student or Graduate visa will not count towards settlement. The same applies to other temporary routes, including Visit, High Potential Individual, Youth Mobility, Seasonal Worker and Temporary Worker.
The Long Residence route will also close. No closure date or transitional rule has been confirmed, so anyone who planned to settle through 10 years of lawful residence should have that plan reviewed. A switch to a qualifying route such as Skilled Worker is where time starts to count.
What it means for partners and families
Partners, parents and children of British citizens fall under the British connection and can keep a 5-year path if eligible. UK Ancestry is treated the same way. For people here as dependants, the position varies by age and arrival date.
Family member | Position |
|---|---|
Partner who arrived with the main applicant | Can settle at the same time if the requirements are met |
Partner who joined later | Completes the same qualifying period |
Child under 18 | Settles with parents; exempt from income, debt, English and Life in the UK requirements, though suitability and criminality rules apply |
Young adult aged 18 to 24 with child dependant status | Settles with the family, with no individual income test |
Aged 25 or over | Must qualify independently or move to another route |
Couples can meet the 10-year path’s income requirement on a combined household income of £25,142, though only one partner can rely on the other’s income. The earnings tests for the 3-year and 5-year paths look at individual earnings.
Who keeps their current path?
The government says these groups stay on their existing arrangements: Hong Kong BN(O) visa holders, HM Armed Forces, Afghan schemes, Windrush cases, EU Settlement Scheme cases, bereaved partners and victims of domestic abuse. Anyone who already holds ILR keeps it, and the government says no one will be forced to leave.
Refugee routes change substantially. People on approved safe and legal routes get a 5-year path, protection work and study is 10 years, and core protection is 20 years. An extra 10 years applies after illegal entry, unless Article 31 of the Refugee Convention protects the person.
What to do now
- Work out which path fits your earnings, job and arrival date, and count your years on a qualifying route.
- If you already meet the current ILR requirements, get your position checked. The current rules apply until the new ones start, and no start date has been given.
- Check the requirements on every path: B2 English, Life in the UK, debts and your National Insurance record.
- Keep your P60s and payslips. The Home Office has not yet confirmed exactly how earnings will be assessed.
- Watch for the Statement of Changes. Only the published Immigration Rules and their commencement dates decide what applies to a case.
Speak to an advisor
- RZ Immigration Practice reviews documents and explains the options for staying in the UK lawfully. In-person appointments are free at our offices in Wolverhampton, London (Uxbridge) and Leicester.
- We explain the full process and agree it with you first. Payment is taken only once document processing starts. Every case turns on its own facts, and we cannot promise an outcome.
- To book, message us on WhatsApp at +44 7706 930066 or use our contact form.
- RZ Immigration Practice Ltd is regulated by the Immigration Advice Authority at Level 3 (ref F202331734) and is independent of the Home Office. This article is general information based on government publications as of 3 November 2026, and is not advice on any individual case.
Frequently Asked Questions (FAQ)
Is the 10-year ILR rule law now?
No. It is confirmed government policy, but it has not yet been written into the Immigration Rules and no start date has been announced.
Will people already in the UK move to the new rules?
In most cases, yes. There is no general exemption, and applications are normally decided under the rules in force on the decision date. Care workers and some health and education workers who joined before May 2025 have transitional routes.
Can someone earning under £50,271 still get ILR?
Yes, on the 10-year path if they meet its requirements, including £12,571 in 5 of the previous 7 years. They can renew their temporary visa until then.
Do spouses of British citizens have to wait 10 years?
Eligible partners of British citizens fall under the British connection and keep a 5-year path.
Does time on a Graduate visa count towards ILR?
No. Student and Graduate time will not count towards settlement under earned settlement, and the Long Residence route will close.
