Introduction

The UK government has announced major changes to Indefinite Leave to Remain (ILR). On 2 November 2026, Home Secretary Shabana Mahmood set out the Earned Settlement policy, under which the standard qualifying period for many migrants would increase from five to ten years. Following a public consultation and criticism of earlier proposals, the government has also introduced important concessions for care workers and lower-paid migrants. These are announced reforms: applicants must check which provisions have actually entered into force.

What Is Earned Settlement?

Many Skilled Worker visa holders can currently apply for ILR after five years, provided they meet the Immigration Rules. Under Earned Settlement, the waiting period would depend more closely on earnings, public service, conduct and integration. Completing the required years would not automatically guarantee settlement.

Proposed Settlement Periods

Three years: Higher earners above £125,000 and certain high-talent migrants may qualify for accelerated settlement.

Five years: Qualifying earners above £50,000 and eligible doctors, nurses, teachers and other specified groups may retain a shorter pathway.

Ten years: The proposed standard period for many other migrants, including lower-paid workers. The government has abandoned an earlier proposal that some lower-paid workers should wait 15 years.

Longer periods: Certain immigration breaches may extend the wait to 20 years; separate, longer proposals apply to some refugees. Earnings thresholds do not remove other eligibility requirements.

Care Workers: A Significant Change

As highlighted in BBC reporting, the government has withdrawn its earlier proposal for a 15-year settlement wait for certain overseas care workers already in the UK. Those who arrived on the relevant route before May 2025, meet their visa conditions and earn at least £25,000 annually may retain a five-year pathway. Some workers who do not meet these conditions may be offered a further five-year visa. The precise eligibility criteria will depend on the implemented rules; this is not a blanket exemption for all care workers.

Other Requirements and Exemptions

The proposed framework includes stricter criminality checks, a higher English language standard, the Life in the UK Test, restrictions relating to unpaid public debts and evidence of National Insurance contributions. The Home Secretary referred to three years of contributions. Certain Hong Kong BN(O) visa holders, armed forces personnel, qualifying family members of British citizens and people covered by legacy schemes are expected to retain existing pathways, subject to route-specific conditions.

What About Existing Migrants and Long Residence?

The reforms may affect people already working towards ILR. The government has indicated that transitional protection will apply to specified groups, but applicants should not assume that their original eligibility date is guaranteed. People who already hold ILR will not lose it because of this policy.

The government also proposes closing the separate ten-year Long Residence route. Under current Appendix Long Residence, certain periods on Student and Graduate visas may count towards ten years of lawful residence. That route remains legally relevant until changes take effect, and any transitional provisions will be crucial.

When Will the Changes Apply?

The Home Secretary indicated that Immigration Rules changes would begin to be laid from December 2026, with implementation during 2027. Announcement, publication and commencement are different legal stages. Individuals should assess their position under the rules actually in force when applying.

How Imran & Co Solicitors Can Help

If you are approaching ILR eligibility, working in the care sector or relying on long residence, tailored advice can help clarify your options. Contact Imran & Co Solicitors to discuss your immigration circumstances and any applicable transitional arrangements.

Sources: Home Office, Earned Settlement statement (2 November 2026); Earned Settlement consultation response; Immigration Rules, Appendix Skilled Worker and Appendix Long Residence; BBC News, 2 November 2026 (https://www.bbc.co.uk/news/articles/c6ly052pdx4no).

Disclaimer: General information as at 3 November 2026, not legal advice. Proposals may change before implementation.