The Home Office has launched a consultation https://www.gov.uk/government/consultations/earned-settlement “A Fairer Pathway to Settlement” on proposals to change how migrants can get Indefinite Leave to Remain (ILR).
This consultation Is open until 12 February 2026 with a plan to start implementing changes from Spring 2026. The consultation is important becaus it shows what is in the government’s mind.
Who could be affected and who probably won’t*:
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- Not affected:
- Spouses, dependants, and parents of British citizens under the 5-year route
- People registered under the EU Settlement Scheme
- People who already have ILR (settlement)
- People applying for ILR on the basis of domestic violence or bereaved partners.
- Children
- Affected:
- People who wish to apply for ILR on the basis of ten years lawful residence in the UK – 10 years rule. The Home Office proposes to scrap that route completely. If implemented this will be a massive change that will affect many people.
- Many people on current immigration routes (e.g., Skilled Worker, parents under the 10-year route, people who have leave to remain under the 20 year route, etc). This is also a big change that in some cases will affect the most vulerable people in society.
- Not affected:
*Those are just some examples (there are more in the consultation) and because it is a consultation we cannot know for certain who will be affected and how.
- How “earned settlement” would work
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- The baseline is 10 years at least to acquire ILR, i.e. basically the rule is that you will need to wait ten years to be able to apply for ILR but…
- These 10 years can be reduced or increased (earned settlement) depending various factors.
- Factors – The new model is based on character, contribution, integration, and residence, rather than just time in the UK.
- There are “reductions” (i.e. ways to shorten the 10-year baseline) based on positive “contribution or integration” — for example, through earnings, volunteering or English ability.
- But there may be also potential penalties/increases to the 10-year baseline based on negative factors (e.g., overstayers, illegal entry, receipt of public funds – benefits, etc)
The consultation paper suggest some could face very long waits. For example, a single mother of a British child who is now under the ten year route but who has overstayed a visa in the past or who entered the UK on a visitor visa, might need to wait up to 30 years to settle under the government’s proposal instead of the ten which she has to wait now.
The proposals made in the consultation could have a massive impact on vulnerable people (e.g., single mothers of British child claiming public funds, elderly people, people with disabilities, etc).
There is a lot of uncertainty about changes to come to the immigration rules. My advice would be that those who qualify for ILR (settlement) or British nationality apply now to avoid difficulties in the future. Please contact us if you need our help manuel@mpbsolicitors.co.uk