UK ILR 2026: Will the New 10-Year Rule Apply to You? (Updated May 2026)

Live status (May 2026): The 5-year route to Indefinite Leave to Remain (ILR) is still in force. The 10-year “earned settlement” rule announced in the May 2025 White Paper has not yet been written into the Immigration Rules. Transitional protections for people already on a Skilled Worker visa are being finalised but not yet published. If you can apply for ILR under the current 5-year rules, you should plan to do so on schedule.

This guide gives you the plain-English status of the proposal, a Yes/No decision tree to check whether you are likely to be affected, and clear separation between what is confirmed and what is proposed. We will update this page as the Home Office publishes the final rules.

TL;DR: Confirmed vs Proposed

Before going further, here is a simple split between the facts that are settled and the parts that are still open to change.

Status	What we know
Confirmed	ILR currently requires 5 years on most work routes (Skilled Worker, Scale-up, T2).
Confirmed	The set ILR application fee is £2,885 per applicant.
Confirmed	Once ILR is granted, the Immigration Health Surcharge (IHS) no longer applies.
Confirmed	The May 2025 White Paper proposed extending the qualifying period to 10 years.
Confirmed	Global Talent (3 years), Innovator Founder (3 years), BN(O) (5 years) and partner of British citizen (5 years) routes are not part of the 10-year proposal.
Proposed	10-year qualifying period for most work-route migrants under “earned settlement”.
Proposed	Stricter B2 English and contribution tests at the ILR stage.
Subject to confirmation	Whether the change applies to people already on a Skilled Worker visa or only to new entrants from the implementation date.
Subject to confirmation	The exact commencement date and the form of transitional protection.

Existing visa holders are generally protected by the doctrine of legitimate expectation in UK public law — the government has signalled it is considering this in the transitional design, but the final position has not been published as of May 2026.

Are You Affected? A Yes/No Decision Tree

Work through the questions below in order. Stop at the first row where the answer applies to you — that row tells you where you stand under the current state of the proposal.

Step	Question	If YES	If NO
1	Do you already hold ILR (or are you eligible to apply right now)?	Not affected. Apply or keep your status. The 10-year rule cannot be applied retrospectively to people who already have ILR.	Go to Step 2.
2	Are you on a Global Talent, Innovator Founder, BN(O), or partner of British citizen route?	Not affected by the 10-year proposal. Your route is outside the scope of earned settlement.	Go to Step 3.
3	Are you currently on a Skilled Worker, Scale-up or other Points-Based work visa that started before May 2026?	Likely on the 5-year path (subject to confirmation). Legitimate expectation should protect your timeline, but watch for the transitional rules.	Go to Step 4.
4	Will you arrive in the UK on a Skilled Worker visa after the new rules commence (expected late 2026 or early 2027)?	Likely to face the 10-year path as a new entrant. Plan finances and career accordingly.	Go to Step 5.
5	Are you a refugee, child of a British citizen, or on a humanitarian route?	Not affected. Settlement rules for these groups sit outside the work-route 10-year proposal.	Check a regulated immigration adviser — your route may have specific transitional treatment.

If you stop at Step 3 with a YES, the most accurate way to describe your status today is: “I am on the current 5-year ILR route. The government has announced it may extend this to 10 years, but until the rules are amended and published, my application timeline remains under the current law.”

What Is the Proposed 10-Year ILR Rule?

The May 2025 Immigration White Paper introduced a concept the Home Office called earned settlement. The headline change is that the standard qualifying period for ILR on most work routes would move from 5 years to 10 years. The proposal is built around four ideas.

1. Time alone is not enough

Under the current system, if you complete 5 years of continuous lawful residence on a qualifying route and meet the basic tests (English, Life in the UK, no recent absences over 180 days, salary at the time of application), you can apply for ILR. The proposal would keep continuous residence as a requirement but add a contribution test on top.

2. Contribution becomes central

The contribution test would, in broad terms, ask whether the applicant has earned above a threshold (the personal allowance of £12,570 is the figure most often cited in the consultation papers) and paid UK tax for most of the qualifying period. Exemptions are proposed for maternity leave, long-term illness, and disability.

3. Higher integration bar

The English language requirement at the ILR stage would rise from B1 to B2, aligning with the new B2 requirement at the Skilled Worker entry stage. The Life in the UK test continues.

4. Stricter suitability

Good character requirements would tighten. The exact threshold for criminal convictions is still being defined, but the direction of travel is clearly stricter than the current 12-month sentence cut-off.

What is not changing under the proposal: the ILR application fee (set at £2,885), the rule that IHS stops once ILR is granted, and the basic principle that ILR is the gateway to British citizenship after a further 12 months.

What’s the Timeline — When Does It Take Effect?

As of May 2026, no commencement date has been set in law. Here is what is on the public record:

• May 2025: White Paper published, proposing the 10-year qualifying period.
• November 2025 – February 2026: Public consultation on earned settlement.
• March 2026: The Home Affairs Committee endorsed the 10-year baseline. The Home Secretary indicated the changes would come “later this year”.
• May 2026 (now): Final Immigration Rules have not been laid before Parliament. The 5-year route remains in force.
• Late 2026 – early 2027 (expected): Most likely window for the new rules to commence, subject to confirmation.

It is worth being honest: parliamentary timetables for immigration changes have slipped before. Until Statement of Changes HC papers are laid, no date is reliable.

For a fuller picture of every change landing this year, see our roundup of UK immigration rule changes in March 2026.

What if You’re Already on a Skilled Worker Visa?

This is the most important question for the largest group of readers. The short answer as of May 2026: you are still on the 5-year route, and you should plan accordingly until the government says otherwise in writing.

The legitimate expectation argument

UK administrative law has a well-developed doctrine of legitimate expectation. When you accepted a Skilled Worker visa on the basis that 5 years of continuous residence plus the standard tests would lead to ILR, you formed a reasonable expectation about your future status. Courts have, in the past, struck down retrospective application of immigration changes that disrupted such expectations without adequate transitional protection.

This does not guarantee that current visa holders will be exempt from any tightening. It does mean the Home Office is under pressure to publish transitional rules that are fair to people already in the system. The consultation received significant pushback on retrospective application, and ministers have publicly acknowledged the concern.

Practical timing

If your 5-year ILR application date falls in 2026, 2027, or 2028, the practical advice is:

• Apply as soon as you are eligible — do not wait until the last week of your visa.
• Make sure your continuous residence is clean: no single absence over 180 days in any 12-month period during the qualifying years.
• Confirm your salary at the time of application meets the relevant Skilled Worker going rate. Read our guide to UK visa sponsorship salary thresholds for 2026.
• Prepare for the Life in the UK test and your B1 English certificate well in advance. If you can pass at B2, do so — it is the direction of travel.

Processing time matters

Standard ILR processing can take up to 6 months, with priority service available at extra cost. If you are anywhere near the proposed implementation window, factor processing time into your plan. Our detailed look at processing timeframes is here: How long does UK visa sponsorship take?

Who Is Most Likely Affected by the Change?

If the proposal commences in its current form, the people most exposed are:

• New arrivals on Skilled Worker visas from the commencement date onwards. This group has the weakest legitimate expectation argument because they will be accepting the visa under the new published rules.
• Workers on sub-RQF Level 6 roles, including the Temporary Shortage List. The White Paper signalled that lower-skilled routes could face a qualifying period as long as 15 years, though this has not been finalised.
• Dependants of work-route migrants. The proposal indicates dependants may need to meet earned settlement criteria independently rather than piggy-backing on the main applicant.
• Graduate Visa holders who switch to Skilled Worker after the implementation date. See our guide on switching from Graduate Visa to Skilled Worker in 2026 for current rules.
• Care workers and Health and Care Visa holders entering after commencement — though specific rules for the care sector are still being designed. Read more on current options in care worker visa UK 2026 options.

The people least likely to be affected:

• Anyone who already holds ILR (the change cannot be applied to settled status that has already been granted).
• Global Talent and Innovator Founder visa holders (3-year route, outside the proposal).
• BN(O) visa holders (5-year route, outside the proposal).
• Partners and spouses of British citizens (5-year route, outside the proposal).
• Anyone on a refugee or humanitarian route.

What Can You Do to Prepare?

Whether you are currently on a visa or planning to move, here are the steps that make sense regardless of how the final rules land.

Document everything now

If a contribution test is introduced, the evidence burden will fall on the applicant. Start a simple folder containing:

• Annual P60s and SA302 self-assessment summaries.
• Bank statements showing salary deposits.
• Employment contracts and Certificates of Sponsorship.
• Records of any periods of maternity, long-term illness, or disability that may be relevant to exemptions.
• Travel records to show continuous residence (no breaches of the 180-day rule).

Aim for B2 English now

Even if you only need B1 today for ILR, B2 is already the entry standard for Skilled Worker. Closing this gap removes the largest single risk in your settlement timeline. SELT providers (IELTS for UKVI, Trinity SELT, LanguageCert SELT) offer B2-level tests.

Budget realistically

The current set ILR fee is £2,885 per applicant. Family members each pay the same. The fee has risen repeatedly in recent years; assume it will continue to rise. If the rules push your ILR date out, you will also pay additional visa extensions and IHS payments in the meantime. IHS is currently £1,035 per year for adults on most work routes — a 10-year timeline could cost over £10,000 in IHS alone.

Apply early if you are eligible

The single most effective hedge against the new rules is to lock in your ILR under the current 5-year regime if you can. Eligibility opens 28 days before the 5-year continuous residence anniversary. Use that window.

Get regulated advice for complex cases

If you have gaps in continuous residence, absences close to 180 days, changes of employer, or dependant family members on different routes, get advice from an OISC-regulated adviser or a solicitor authorised by the SRA. The cost is small compared with the consequences of a refused ILR application.

Frequently Asked Questions

Has the 10-year ILR rule come into force yet?

No. As of May 2026, the change has been announced and consulted on, but the Immigration Rules have not been amended. The 5-year route remains the live law for current Skilled Worker visa holders.

Will the new rule apply to people already on a Skilled Worker visa?

This is the single most important open question and it is not yet confirmed. Existing visa holders have a strong legitimate expectation argument. The government has acknowledged the concern and transitional rules are being designed. Until those rules are published, plan on the basis of the current 5-year route and apply on time.

What if my ILR eligibility date is in late 2026?

Apply as soon as your 5-year continuous residence anniversary opens (28 days before). Standard processing can take up to 6 months, so starting early protects you against any rule change in the second half of 2026.

How much does an ILR application cost in 2026?

The set fee is £2,885 per applicant. Priority service is available for an additional fee. Once ILR is granted, you stop paying the Immigration Health Surcharge.

Does the 10-year proposal affect the Global Talent visa?

No. Global Talent retains its 3-year qualifying period for settlement. The same applies to Innovator Founder.

What happens to British citizenship timing?

British citizenship still requires ILR plus 12 months (or marriage to a British citizen). If the qualifying period for ILR doubles, the practical timeline to citizenship doubles with it.

Where is the official source for these changes?

The primary source is the Home Office Immigration White Paper of May 2025 and the subsequent consultation documents on gov.uk. Final rules will appear as a Statement of Changes in Immigration Rules (HC paper) once laid before Parliament. Always check gov.uk for the most current legal position.

Sources and attribution

This guide draws on the Home Office Immigration White Paper (May 2025), the earned settlement consultation documents published on gov.uk (November 2025 – February 2026), the Home Affairs Committee report of March 2026, and the current Immigration Rules as published on gov.uk. We will update this page when the Statement of Changes is laid before Parliament.

Looking for a job that fits the current 5-year ILR route? Find verified visa sponsorship roles on Tarve — updated daily from licensed UK sponsors.

Sources & status check (June 2026): For the official position see the House of Commons Library briefing Changes to UK visa and settlement rules after the 2025 immigration white paper (CBP-10267) and the gov.uk consultation “A Fairer Pathway to Settlement”. As of June 2026 the proposed 10-year qualifying period is not law — the consultation closed on 12 February 2026 and responses are still being analysed, so the 5-year settlement route remains in force. See our full breakdown of the 2025 Immigration White Paper for what is law versus proposed.