A decade to settle? Understanding the UK’s Proposed Indefinite Leave to Remain Changes
Introduction
Settling in a new country is more than work or study, it's about building a life. For many migrants in the UK, achieving Indefinite Leave to Remain (ILR) represents stability and belonging: the right to live and work in the country permanently without visa limitations.
For many long-term work routes, including the Skilled Worker visa, settlement is currently possible after five years of continuous lawful residence. However, the UK Government’s May 2025 white paper, Restoring Control over the Immigration System, proposes a significant change - extending the standard period for settlement from five to ten years. Unless migrants meet extra criteria under a proposed ‘earned settlement’ system, they may have to wait twice as long to apply.
What is Indefinite Leave to Remain and why does it matter?
ILR grants a person permission to stay in the UK without time restrictions. It offers stability, access to work without employer sponsorship and, in many cases, the opportunity to apply for British Citizenship. Without this status, migrants must keep periodically renewing visas and face uncertainty about future rules, which can make long-term planning, such as buying a home or settling permanently, more difficult.
For many, the five-year route has been viewed as a fair balance between proving commitment to the UK and achieving security. However, changing that route from five to ten years raises emotional challenges for people who already consider the UK as their home.
What are the proposed changes?
The Restoring Control over the Immigration System white paper, sets out a range of reforms to the UK’s immigration system. The proposal to double the standard qualifying period for ILR is one of its most significant changes.
The white paper introduces the concept of ‘earned settlement’, meaning that some individuals could still qualify for ILR sooner than ten years, if they meet certain contribution criteria. The paper suggests this could relate to factors such as salary level, or working in priority areas, such as healthcare. However, the white paper itself does not set out detailed eligibility criteria.
Following the publication of the white paper, the government launched a consultation on ‘earned settlement’ in November 2025, which closed in February 2026. The consultation proposed a significant shift away from a fixed time-based system, towards one where settlement is based on measurable contribution. There is a possibility of reducing or extending the qualifying period depending on factors such as income, employment, or compliance with immigration rules.
Importantly, the consultation indicated that these changes could apply to individuals already in the UK who have not yet obtained settlement, raising concerns about how the rules may affect those currently on existing pathways.
While the consultation stage has now concluded, the final form of the policy remains uncertain, and further detail is expected as the government develops its approach.
Who is affected and what could happen?
The proposed changes will affect a wide range of migrants, not only those on work-related visas, such as Skilled Workers and their dependents. Recent consultation proposals suggest that the standard route to settlement for refugees could be extended from five years up to twenty years, and in some cases potentially longer depending on the circumstances.
These are individuals who have already been living in the UK, and in many cases, have been rebuilding their lives after displacement. One of the main concerns surrounding these changes is that extending the waiting period could have personal and professional consequences, including prolonged uncertainty and delayed access to stability. Currently, it is not yet clear whether the new longer routes will apply to migrants already living in the UK. The government has not confirmed whether transitional protections will be introduced.
The following hypothetical example assumes that the new rules would apply to those currently in the UK on Skilled Worker visas, although this remains uncertain.
Farid came to the UK in 2023 as a Skilled Worker. Under the current rules, he expected to apply for Indefinite Leave to Remain in 2028. Under the proposed system, unless he meets the ‘earned settlement’ criteria, he might have to wait until 2033. However, the government's consultation suggests that this ten-year period would act as a baseline, which could be reduced if individuals meet certain contribution criteria, such as higher earnings or working in priority sectors.
If Farid does not meet these criteria, he may need to complete the full ten-year period before applying for settlement. During this time, he would need to continue renewing his visa and remaining in sponsored employment. He may not feel secure enough to purchase a home, or take other steps to settle here, without the protection of the ILR status.
For thousands of people like Farid, this extended timeline may affect everything from financial planning to family stability. However, it is also important to recognise that securing a Skilled Worker visa is not straightforward in the first place. Migrants must have a job offer from an employer that holds a Home Office sponsor license, and not all employers are approved sponsors.
There are also financial costs involved. Employers usually pay a sponsor license fee and, in most cases, the Immigration Skills Charge, which can be over £1,000 per worker per year, depending on the size of the business. Because sponsorship already requires significant investment, extending the route to settlement could increase uncertainty for both employers and migrants, especially if workers must remain tied to sponsored employment for up to ten years.
Arguments for the change
Supporters of the change argue that extending the qualifying period ensures that ILR represents a genuine commitment to the UK. They believe that the ten-year route will reflect a sustained contribution to society and will help to maintain public trust in the immigration system.
The wider reforms are also linked to a broader aim of reducing net migration and prioritising higher-skilled workers. From this perspective, the change can be seen as part of a shift towards a more contribution-based system, where residence is tied more closely to economic and social participation.
However, while permanent settlement may take longer under the proposal, migrants would still need to maintain lawful status throughout that time. For example, Skilled Worker visas are typically granted for up to 5 years at a time, and many migrants must renew their visa before reaching settlement. Each extension involves significant costs. As of 2025, Skilled Worker visa application fees range from £769 to £1,751 depending on the length of the visa, in addition to the Immigration Health Surcharge, which is currently £1,035 per person per year.
Other visa routes, such as the Global Talent visa or family visas, also have time-limited permission and require extensions before settlement, often granted in periods of two and a half to five years.
Workers must also remain employed by a licensed sponsor and continue to meet salary and job requirements. As a result, the extended pathway may still involve repeated costs and ongoing dependence on a small pool of employers. This suggests that the burden during the interim period is unlikely to reduce, and in practice may feel prolonged.
Arguments against the change
Those criticising the change have raised concerns about fairness and practicality. They argue that doubling the waiting period risks disadvantaging people who have already built their lives in the UK based on a five-year expectation. If applied to those already on existing routes, it will be unfair and disruptive, particularly to families who have made life choices around the existing system.
Immigration lawyers and human rights activists warn that longer waiting times will create insecurity for those who consider the UK their home. Some argue that this uncertainty could deter skilled migrants from choosing the UK, especially when other countries offer clearer routes to permanent residence.
What can people do?
The Queen Mary Legal Advice Centre runs a free Immigration Law Clinic, offering advice to members of the public on a range of immigration matters. If you are concerned about how these proposed changes might affect you or your family, you can reach out to the QMLAC during September – May to see whether you are eligible to book an appointment for preliminary legal advice.
Conclusion
The proposal to increase the standard qualifying period for Indefinite Leave to Remain from five to ten years represents one of the most significant shifts in the UK’s immigration framework in recent years. While the government argues that it will ensure fairness and strengthen control, critics warn that it could create unnecessary hardship for those who already live and work here lawfully.
For individuals and employers alike, this remains a period of adjustment and uncertainty. Although the consultation process has now closed, the final form of the policy has not yet been confirmed. Staying informed and seeking clear legal advice will therefore be important for those who may be affected by any future changes. This debate highlights how changes to immigration law can directly shape people’s sense of stability and future in the UK.
By Isabelle Sava, Student Blog Writer at QMLAC and LLB Law Student.
This blog is accurate as of March 2026. It is for information only and does not constitute legal advice on any matter. While we always aim to ensure that information is correct at the date of posting, the legal position can change, and the blogs will not ordinarily be updated to reflect any subsequent relevant changes. Anyone seeking legal advice on the subject matter should contact a specialist legal representative.
Sources
Queen Mary Legal Advice Centre, Immigration Law - Legal Advice https://www.qmul.ac.uk/lac/clients/advice/immigration-law/
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