ILR Changes 2026: Who Still Gets UK Settlement in 5 Years, and Who Waits 10?

The UK government has confirmed its biggest change to ILR (indefinite leave to remain) in years. On 2 November 2026 the Home Office published its final plan, called "Earned Settlement": the standard wait for settlement will rise from 5 years to 10 years, with shorter routes for people who earn more, work in key public services or have a British partner, and longer routes for people who claim benefits or break immigration rules (Home Office, Government Response, Nov 2026).

At a glance

• New standard wait for ILR: 10 years, up from 5 for most work routes.
• Still 5 years: people earning at least £50,271, eligible doctors, nurses, teachers and other public service workers, and partners, parents and children of British citizens.
• 3 years: people earning at least £125,141.
• 20 years: people who have claimed specified public funds in the last 5 years, or broken immigration rules as an adult.
• Student and Graduate visa time will no longer count, and the 10-year Long Residence route will close.
• When: not in force yet. The first changes come in the December Immigration Rules, with the rest during 2027.

#What is ILR?

ILR (indefinite leave to remain), also called settlement, lets you live in the UK permanently, with no visa to renew, no limits on work, and access to public funds. It is also the usual step before applying for British citizenship (gov.uk: Settle in the UK).

Today, most people on routes like the Skilled Worker visa can apply for ILR after 5 years, and anyone with 10 years of continuous lawful residence can apply through the Long Residence route (gov.uk: Long residence). Both are changing.

#The new routes to ILR: 3, 5, 10 and 20 years

(Home Office, Table 1)

The earnings thresholds are tied to the UK income tax bands (£12,571 is where basic-rate tax starts, £50,271 higher rate, £125,141 additional rate), so they will move if those bands change.

#Who still gets ILR after 5 years

• Higher earners: at least £50,271 a year in 3 of the 5 years before applying. Two lower years are allowed, for example for maternity leave or illness. The 3- and 5-year earnings routes are for people on the Skilled Worker, Global Talent, Scale-up, Innovator Founder and International Sportsperson routes.
• Public service workers in health and education: eligible roles paid on national pay scales, such as doctors, nurses and teachers. The full list is in Annex C of the Home Office response.
• A British connection: eligible partners, parents and children of British citizens, and UK Ancestry visa holders.
• Groups with existing promises: Hong Kong BN(O) visa holders keep 5 years. HM Armed Forces, including Gurkha and Hong Kong military unit veterans discharged before 1 July 1997, keep their existing arrangements: service personnel qualify after at least 4 years' service, and their partners and children after 5 years.

#Transitional protection for some people already in the UK

These apply only to people who were in the route before the Immigration White Paper of May 2025:

• Care workers who entered or switched into the care worker route before May 2025 keep 5 years, if they meet the £25,000 salary, sponsorship and work requirements. Those who don't can apply for a further five-year Health and Care visa to try again.
• Health and education workers below degree level (RQF 6) on national pay scales, such as nursing auxiliaries and teaching assistants, keep a 5-year route.

(Home Office, Chapter 8)

#Who moves to 10 years

Almost everyone else on a route to settlement, including:

• Skilled Workers earning under £50,271 who are not in an eligible public service job. The consultation had proposed 15 years for jobs below RQF 6; that was dropped, so they get 10 years like everyone else.
• People on Family and Private Life routes, who cannot use the 3- or 5-year routes.
• Care workers who joined the route after May 2025.
• Skilled Workers who were on the route before April 2024, in roles below RQF 6: they move to 10 years too, but they can keep extending their visas on their current salary terms until 2035 (previously 2030), so they have time to reach settlement.

To qualify after 10 years you must earn at least £12,571 in 5 of the 7 years before applying. Couples can combine their income, with a household threshold of £25,142, so a partner who works part-time while caring for children is not held back. Children, people aged 65 and over, and people who cannot work because of a physical or mental condition are exempt from the earnings rule.

#New rules that apply to everyone

Whatever your route, you will need to meet these minimum requirements. Earning more cannot make up for them (Home Office, Introduction and Chapter 1):

• English at B2 level (upper intermediate), up from B1 today. A higher level (C1) will not shorten your wait.
• Pass the Life in the UK test, which is being reviewed.
• No criminal record in the UK. Adults with any UK criminal record, including court fines, conditional cautions and suspended sentences, will be refused.
• No money owed to the government, including NHS debt, unpaid tax and National Insurance, and Home Office legal costs.
• No specified public funds in the 5 years before applying. If you have claimed them, you are on the 20-year route, unless you then go 5 years in a row without claiming.
• No immigration breaches as an adult, such as overstaying or working in breach of your visa conditions. These also move you to the 20-year route.

#Students and Graduate visa holders: time will not count

This is the biggest change for international students. Today, years on a Student or Graduate visa can count towards the 10-year Long Residence route. Under Earned Settlement:

• the Long Residence route will close;
• time on Student, Graduate, Visit, Youth Mobility, Seasonal Worker, Global Business Mobility and other temporary routes will not count towards settlement;
• your settlement clock starts when you move onto a route that counts, such as the Skilled Worker visa, a family route or a talent route.

(Home Office, Chapter 4)

If you are studying now, see what is changing with the UK Graduate visa and the UK student visa rules.

#Partners and children

The final plan is kinder to families than the consultation (Home Office, Chapter 5):

• A partner who arrives with you can settle at the same time as you, if they meet the requirements.
• A partner who joins later completes the same qualifying period. For example, if they join 2 years after you on a 5-year route, they can apply 2 years after you.
• Children under 18 can settle with their parents and don't need to meet the income, English or Life in the UK requirements.
• Young adults aged 18 to 24 who are still dependants can settle with their family without meeting the earnings rule.
• From age 25, a dependant who has not yet settled with their family must qualify in their own right or move to their own visa.

#Who is not affected

These keep their own arrangements (Home Office, Chapters 4 and 6):

• the EU Settlement Scheme;
• Hong Kong BN(O) (5 years) and Afghan schemes;
• Windrush cases;
• bereaved partners and victims of domestic abuse, who can still apply straight away;
• children in care, and young people who have grown up in the UK.

The plan is about how people qualify for settlement. The Home Office response does not propose taking ILR away from people who already have it.

#When do the changes start?

Not yet. The new system has been announced but is not law until it appears in the Immigration Rules. In her statement to Parliament, the Home Secretary said the first changes will be laid in the December Immigration Rules, and the reforms will be brought in over the course of 2027 (EIN, 2 Nov 2026). More guidance is due before then.

One point matters for everyone already in the UK. The government says that, unless transitional rules say otherwise, settlement applications are normally decided under the rules in force on the date of the decision, not the rules when you arrived (Home Office, Chapter 8). Apart from the groups listed above, there is no general protection for people who are already here.

#What you should do now

1. Work out which route fits you: your visa type, your salary over the last few years, and whether your job is on the public service list.
2. If you already qualify for ILR under today's 5-year rules, speak to a regulated immigration adviser about timing. You can find one on gov.uk.
3. Keep your records: P60s, payslips and tax records for every year. Earnings will be checked over 5 to 7 years.
4. Start on B2 English and the Life in the UK test now if you will need them.
5. Clear any NHS or tax debt, and stay within your visa conditions.
6. Follow the official source. Changes will appear on gov.uk in a "Statement of changes to the Immigration Rules". Be careful with agents or social media posts that promise certainty before the rules are published.

#Frequently asked questions

Is ILR now 10 years in the UK? It has been confirmed as the new standard, but it is not in force yet. The changes start in the December Immigration Rules and roll out over 2027.

Can I still get ILR in 5 years on a Skilled Worker visa? Yes, if you earn at least £50,271 in 3 of the 5 years before applying, work in an eligible public service job, have a British partner, or are a care, health or education worker covered by the transitional rules. Otherwise the standard will be 10 years.

Does the 10-year rule apply to people already in the UK? Generally yes. Applications are normally decided under the rules in force on the decision date, and only specific groups have transitional protection: some care, health and education workers who arrived before May 2025 keep 5 years, and pre-April 2024 Skilled Workers in roles below RQF 6 can keep extending their visas on current terms until 2035.

Does Student or Graduate visa time count towards ILR? Not under the new system. Time on temporary routes will not count, and the 10-year Long Residence route will close.

Is the Long Residence route closing? Yes. The government has confirmed it will close under Earned Settlement.

What English level will I need for ILR? B2, up from B1, unless you are exempt (children, people aged 65 and over, or people with a relevant physical or mental condition).

Does my partner need to earn £12,571? Not necessarily. Couples can combine income to reach £25,142 together.

I already have ILR. Am I affected? The plan sets out how people qualify for settlement. It does not propose taking away ILR that has already been granted.

Related: UK Graduate visa: 2 years for high-compliance universities · UK student visa rules explained · UKVI credibility interview questions

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Sources: Home Office: A Fairer Pathway to Settlement, Government Response (Nov 2026) · gov.uk: Earned settlement consultation · EIN: Home Secretary's statement, 2 Nov 2026 · Free Movement, 2 Nov 2026 · gov.uk: Long residence · gov.uk: Settle in the UK