On 2 November 2026, the UK Home Office published the government response to its "A Fairer Pathway to Settlement" consultation, confirming a rewrite of the UK ILR rules: for most applicants the standard wait for settlement doubles from five years to ten, while earnings, English and personal-record tests tighten at the same time. For families who finish a UK bachelor's or master's degree and then switch to a work visa, the clock is now counted differently, and the old "wait out ten years" arithmetic no longer works.
Why has the qualifying period gone from five years to ten?
The model, known as Earned Settlement, was first set out in the May 2025 immigration white paper, and the consultation ran from 20 November 2025 to 12 February 2026. The Home Office says it received more than 200,000 responses. The government's stated reason is blunt: the old system measured time in the country, not who keeps paying tax and who relies on public support.
The final document is not identical to the original proposal. The 15-year pathway for lower-skilled occupations has been dropped, and those applicants now sit on the ten-year baseline. What remains is a set of contribution-linked timelines plus a baseline every applicant must clear. The policy is not yet in force: the Home Secretary says the reforms will come in stages, with the first changes laid in the December 2026 Immigration Rules and the wider framework implemented progressively during 2027.
"settlement should be earned rather than granted on the basis of time alone"
After the UK ILR rules change: who is faster, who is slower?
| Item | Current rules | New framework |
|---|---|---|
| Standard wait | 5 years | 10 years |
| Accelerated routes | Limited routes only | 3 years (£125,141) or 5 years (£50,271) |
| Minimum earnings | Depends on the visa route | £12,571 in five of seven years |
| English level | B1 | B2 |
| Ten-year Long Residence route | Open | Closing |
| Time on Student and Graduate visas | Counts towards Long Residence | No longer counts towards settlement |
| Combined income for couples | No set threshold | £25,142 |
Earnings are assessed on a "best years" basis rather than continuously, so years hit by maternity leave, caring duties or short spells of unemployment can be skipped. The three-year route tracks the additional rate of income tax and the five-year route the higher rate, and both move automatically when tax bands change.
Who is not affected?
Hong Kong BN(O) visa holders keep settlement after five years, a commitment the government explicitly preserved. Groups with a recognised British connection also keep a five-year route: eligible spouses, parents and adult children of British nationals, plus people who qualify through UK Ancestry, while legacy routes such as Tier 1 Investor have separate arrangements. People who already hold pre-settled status under the EU Settlement Scheme sit outside this framework. Anyone who already holds indefinite leave to remain will not lose it.
Social care has its own transition. Care workers who entered the UK or switched into the care route before the May 2025 immigration white paper keep a five-year clock, provided they earn at least £25,000, remain genuinely sponsored in the care sector and have complied with their visa conditions; those still short after five years can apply for a further five-year Health and Care visa. Care workers who joined the route after May 2025 fall onto the ten-year pathway.
Health and education have a separate channel: eligible public service roles at RQF level 6 and above, paid on national pay scales, continue to settle after five years. For workers in specified below-RQF 6 health and education roles who were already in the UK before the May 2025 white paper, a one-off five-year route applies. That exemption turns on specific occupation codes rather than on the sector as a whole, so some roles carry an official going rate below £50,271 and still stay off the protected list.
Dependants are treated differently too. Children under 18 settle with their parents, as can those aged 18 to 24 who retain child-dependant status, while people aged 25 and over generally have to qualify in their own right. A partner who arrives with the main applicant can apply at the same time; one who joins later must complete the same qualifying period.
- Question
How many years does UK settlement take now?
- AIAIG answersTen years for most people, though that is not the only answer. Under the new framework the standard wait rises from five years to ten, while people earning at least £125,141 in three of four years can apply after 3 years, those earning £50,271 in three of five years after 5 years, and public service roles such as doctors, nurses and teachers, along with partners, parents and children of British citizens, keep a five-year route.
- Question
How much income must a UK settlement applicant show?
- AIAIG answersThe standard ten-year route requires at least £12,571 in five of the seven years before applying. Couples may combine earnings against a household threshold of £25,142. Earnings are read on a best-years basis, so years reduced by childcare or caring for relatives do not count as failures, but payslips and tax records must be kept.
- Question
Does time spent studying in the UK still count towards settlement?
- AIAIG answersNo. With the ten-year Long Residence route closing, time on Student and Graduate visas can no longer be accumulated towards settlement; only routes that themselves lead to settlement count. Anyone who stays on after study and switches to a work visa starts the clock again from the date of the switch, which is the point most likely to upset an existing plan.
- Question
Are people who already hold permanent residence affected?
- AIAIG answersNo. Settled status already granted is not revoked retrospectively, and the reform only changes applications not yet decided. The new B2 English and clean-record conditions can still affect later renewals and naturalisation, and records of long absences and tax payments should be kept in order.
AIAIG View
For families already working in the UK and planning settlement around a five-year horizon, the first task is to check application timing: where the current rules still allow a filing before the new framework lands, preparing documents early beats waiting, because a case is decided under the rules in force at filing or decision.
Second, budget time for moving English from B1 to B2. B2 is roughly A-level standard in a foreign language, and test slots plus preparation compress the timetable, especially for applicants over 30 in demanding jobs.
Third, families with children should redo the education maths. Student time no longer counts towards settlement, so a bachelor's plus master's of five to six years followed by a switch to a work visa can push the total beyond fifteen years; that time cost belongs in the choice of course and university.
Fourth, applicants sitting just under £50,271 should assess whether pay or role structure can be adjusted: clearing the five-year route rather than staying on the ten-year route is the difference between five years of waiting and two more rounds of extension fees.
This is general information, not immigration or legal advice; check the official notice for details.
Sources
Last updated Nov 9, 2026
