It’s been a much-publicised hot topic in the news recently, starting with the current Government’s White Paper indicating their intention to increase the qualifying period for Indefinite Leave to Remain (ILR) - the right to live in the UK permanently - from five years to ten years, with potential criteria to be included in a contribution-based model to earn settlement earlier. It has also been suggested that some routes will be exempt from this new requirement, notable those on family routes. Head of our Immigration team André Minnaar explains.
The government has opened a consultation consult on their plans to close on 12 Feb 2026 , and proposed to take into account:
- Whether an applicant is working in the UK.
- If sufficient National Insurance contributions have been made.
- Whether any public funds or benefits have been claimed.
- If English language requirement of B2 instead of B1 can be met.
- Whether someone is contributing to their local community through volunteering or doing charitable work.
- If the applicant has a clean criminal record.
However, much remains unknown, such as whether it will affect those already in the UK or if there will be transitional arrangements. It seems unfair to apply any such new route to those already on an existing route where they would have qualified after five years. It is also unclear how the new rule will apply to dependents, for example, if the main applicant is working and meets all the requirements, but a spouse is not working or looking after young children.
There are also further suggestion that the qualifying period being further extended if an individual has been 'non-compliant' at any point, but a definition of ‘non- compliance’ has not been announcement.
The Government recently released what the future of the ILR timeline may look like, starting with a baseline period of 10 years, which can then either be reduced or increased depending on the individual’s circumstances.
UK legal migration changes – 20 November 2025
- Top rate of tax – 3 years
- Global talent – 3 years
- British partner – 5 years
- High rate of tax – 5 years
- Public services (including doctors, teachers and nurses) – 5 years
- Windrush and EU settlement schemes – unchanged
- British overseas nationals from Hong-Kong – 5 years
- Volunteers – 5-7 years
- Speak English to degree level standard – 9 years
- New baseline (arrived on safe and legal route) – 10 years
- Arrival/entered on post Brexit health and social care visas – 15 years
- Benefits received, less than 12 months – 15 years
- Benefits received, more than 12 months – 20 years
- Refugees on protected rights – 20 years
- Arrivals in the UK, illegally – 30 years
- Settlement rights for children, member of the armed forces and victims of certain crimes – ongoing consultation on cohort of interest.
Conditions
The conditions for all of the above except point number 16 are:
- Clean criminal record
- Speak English to A level standard
- Sustained National Insurance Contributed
- Have no debt in the UK
Benefits reserved only to those with British Citizenship. Consultation on planned changes will begin and run till 12 February 2016. Changes will come into force in April 2026.
Get in touch
Our team will discuss with you your needs and provide you with a fixed fee tailored to the service with no hidden cost so you know exactly what the cost will be from the outset. To discuss this or any other aspect of your case, please contact us on 0808 166 8831 or the number at the top of this page.
 |
 |
 |
 |
 |
 |
|
