Earlier this year, the Home Office announced that they planned to change the qualifying period for Indefinite Leave to Remain (ILR) but would be consulting on their plans. That consultation has now been launched and will run until 12 February 2026, and it contains more detail about the potential changes.
The Home Office propose that the baseline for ILR will be living in the UK for 10 years. This is an increase from the current period, which is five years in most categories. However, the rules will allow for discounts from this, meaning some people will qualify earlier, and increases, meaning that some people will need to wait even longer to qualify for the right to live in the UK permanently.
The discounts will be subject to consultation, but the suggested factors are:
- Speaking English to degree level, which would result in a one-year discount.
- Taxable income leading to discounts. It is suggested that those earning more than £125,140 for three years before the date of application will receive a seven-year discount, and those earning above £50,270 may also receive a discount.
- Working in public service occupations, which will benefit from shorter qualifying periods, perhaps because these roles often involve lower salaries.
- Volunteering, which could also lead to a shorter qualifying period.
The Home Office also propose that those who have entered the UK illegally or on a visit visa may need to wait up to 30 years to qualify for ILR, as they could have 20 years added to the baseline.
One of the most significant proposals in the consultation is that there will be key criteria which must be met by all applicants, and not just the main visa holder. These include:
- Adults will need to speak English to Level B2, which is the equivalent of a Higher or an A Level exam.
- Applicants will need to have had annual earnings above £12,570 for a minimum period before applying.
The result of these changes is that there will be circumstances where family members qualify at different times. Currently, a dependent qualifies at the same time as their family member provided, they have lived in the UK for long enough, and there is no requirement for them to work in the UK. Under the proposals, a partner who does not work may never qualify for ILR.
The consultation does not set out how children will qualify for ILR, since they are unlikely to have sufficient earnings.
One point which will need to be addressed in the final proposals is whether the qualifying criteria are based on gross salary or taxable income, which is the phrase used in the consultation. This is significant as it will influence migrants' decisions about salary sacrifice schemes and other benefits.
Another issue which will need to be clarified is how any thresholds will apply to part-time workers or those on maternity or paternity leave. If the threshold is based on taxable income, these workers could find their qualifying periods extended due to taking statutory leave or reducing hours because of childcare commitments.
Finally, it is worth highlighting that the Government intend to apply these changes to people already in the UK, although there is the possibility of transitional arrangements which may exempt them from some or all the new requirements.
What should businesses and individuals do?
At this stage, it is important to understand that these are only proposals, and the final rules may look different once the consultation takes place. However, we understand that they are concerning for visa holders who are worried about longer qualifying periods or family members no longer qualifying for ILR. We recommend that anyone concerned about the proposals respond to the consultation by the deadline of 12 February 2026.
If an individual may be eligible for ILR in early 2026, we recommend seeking advice about that application now with a view to submitting it as soon as possible. There is no fixed timeline for the changes, but the Home Office have indicated that they may start a phased rollout of the changes from April 2026. Which changes will come into force then, and whether any transitional arrangements will apply, are not yet known.
Businesses should consider making representations, as the changes would mean Skilled Worker visa holders need to be sponsored for longer, which will increase the cost of filling skills shortages.
If you would like further information on how these changes may affect you or your organisation, please get in touch, although until the final proposals are published it is difficult to advise on individual circumstances.
