This article outlines the main proposals and the current position.
Changes to Indefinite Leave to Remain
The proposals would introduce a set of base requirements for all applicants and make significant changes to the qualifying period for settlement.
Base requirements
All applicants would need to meet three minimum requirements:
Suitability
Applicants must meet the suitability requirements of the Immigration Rules. This includes not having a criminal conviction and not having any current NHS, tax or other government debt.
Integration
Applicants must meet an English language requirement at B2 level under the Common European Framework of Reference for Languages. This would increase the requirement from B1 to B2 for many immigration routes. Applicants must also pass the Life in the UK test.
Contribution
Applicants must have annual earnings above £12,570 for between three and five years, subject to consultation, or meet an alternative income threshold.
Changes to the qualifying period
Settlement is currently available after five years for most visa categories. Under the proposals, the baseline qualifying period would increase to 10 years for most applicants, although certain factors could reduce or increase this period.
For those recognised as refugees, the proposed starting point would be a 20-year qualifying period, except for those resettled through the UNHCR.
Factors that could reduce the qualifying period
The proposals include a number of attributes that may reduce the time required to qualify for settlement.
Examples include:
English language ability at C1 level.
Taxable earnings of £125,140 for the three years before applying.
Taxable earnings of £50,270 for the three years before applying.
Employment in a specified public service occupation for five years.
Community contributions, such as volunteering.
Holding permission as the parent, partner or child of a British citizen.
Holding permission under the British National (Overseas) route.
Three years' continuous residence as a Global Talent or Innovator Founder visa holder.
The largest reduction available under the relevant table would normally apply.
Factors that could increase the qualifying period
The proposals also identify circumstances that could increase the qualifying period.
Examples include:
Receiving public funds for less than 12 months during the route to settlement.
Receiving public funds for more than 12 months.
Entering the UK illegally.
Entering the UK on a visit visa.
Overstaying immigration permission for six months or more.
In some cases, the increase could be substantial.
Some immigration routes may be less affected. For example, a Skilled Worker earning above £50,270 in a highly skilled role could still qualify for settlement after five years. However, the proposals are likely to have a greater impact on people in other immigration categories, including those on Human Rights grounds or refugee status.
Dependants and transitional arrangements
There remain a number of unanswered questions about how the proposals would apply to dependants.
The consultation suggests that adult dependants would be affected, but it does not clearly explain the position for child dependants. It is also unclear whether children would be able to settle alongside the main visa holder.
Applicants who cannot meet the minimum earnings requirement may be unable to qualify for settlement. This could disproportionately affect those with caring responsibilities.
It is also not yet known whether the changes would apply to existing visa holders or only to people granted visas after the rules come into force.
The current position
Despite significant media coverage, many details remain uncertain. While there has been speculation that some sectors or existing visa holders may be treated differently, no final decisions have been confirmed.
Although the proposals were announced in November 2025, there is still no confirmation of whether or when they will take effect. The Government has indicated that it expects to make a further announcement in autumn 2026.
We are continuing to monitor developments. If you have questions about how these proposals could affect you or your family, please contact our immigration team.
