Is the 10-year ILR rule in force?
Not yet. The government published its response to the A Fairer Pathway to Settlement consultation on 2 November 2026, and it confirms the 10-year starting point. A response sets out policy. The law only changes when a Statement of Changes amends the Immigration Rules, and as of 8 November 2026 none has introduced the new framework. Until one does, the current qualifying periods and absence rules apply. Check your absences with the ILR absence calculator.
The government says it will publish further technical guidance and a full impact assessment before implementation. Law firms report the Home Secretary told Parliament that changes will start being laid from the December 2026 rules, with implementation expected during 2027. Most start dates have not been announced.
What are the new pathways to settlement?
| Pathway | Who it is for | Main condition |
|---|---|---|
| 3 years | The highest earners and the Highest Talent Group | Earnings of at least £125,141 in 3 of the 4 years before applying. The Highest Talent Group is subject to review by the Migration Advisory Committee. |
| 5 years | Higher earners, eligible public service workers, people with a British connection | Earnings of at least £50,271 in 3 of the 5 years before applying, or 5 years in an eligible health or education job paid on national pay scales, or being an eligible partner, parent or child of a British citizen or on the UK Ancestry route. |
| 10 years | The default for everyone else | Earnings of at least £12,571 in 5 of the 7 years before applying. Couples can instead combine earnings to reach £25,142. |
| 20 years | People who can't use a shorter pathway | Applies after a specified immigration breach committed as an adult, or if you accessed specified public funds in the 5 years before applying. |
Hong Kong BN(O) visa holders keep a 5-year route. The earnings thresholds follow the income tax bands, so they will move if those bands change. The £12,571 requirement does not apply to children, people aged 65 and over, or people who can't meet it because of a physical or mental condition. Refugees have separate rules.
What does everyone have to meet?
These minimum requirements apply on every pathway and can't be offset by high earnings:
- No criminal record in the UK. Any adult applicant with one will be refused. That includes suspended sentences, court fines, community sentences, conditional cautions and absolute or conditional discharges.
- No outstanding government debt, including NHS debt, unpaid tax and National Insurance, and litigation debt owed to the Home Office.
- English at B2 level. A Statement of Changes laid on 5 March 2026 (HC 1691) already raises the requirement from B1 to B2 on many routes for applications made on or after 26 March 2027.
- The Life in the UK test, and sustained contribution as set out above.
What changed from the original proposals?
- The proposed 15-year pathway for Skilled Worker jobs below degree level (RQF 6) has been dropped. Those workers use the 10-year pathway.
- Volunteering will not shorten the qualifying period, and neither will English at C1 level.
- Public funds no longer add 5 or 10 years. You either avoid specified public funds for the 5 years before applying or complete 20 years on a qualifying route.
- Couples can combine their income, and earnings are assessed on a "best years" basis, so a period of parental leave or illness doesn't automatically count against you.
Will it apply to people already in the UK?
Generally, yes. The response says applications are ordinarily decided under the rules in force on the date of the decision, and that its protections don't create a wider exemption for everyone already living in the UK. Only specific groups who were here before the May 2025 White Paper have been given transitional terms:
- Care workers who entered or switched into the route before the White Paper keep a 5-year period if they meet the £25,000 salary, sponsorship and employment requirements, as well as the new minimum requirements. Those who don't qualify after 5 years can apply for a further 5-year Health and Care visa.
- Certain health and education workers below RQF 6 who were already in the UK get a one-off transitional arrangement.
People who already have ILR or settled status are not asking for settlement again, so the qualifying periods don't apply to them. Full transitional rules are still to come.
What happens to the 10-year long residence route?
It will close, and time on temporary routes such as Student and Graduate will no longer build toward settlement. No closing date has been given. If you are close to 10 years, check your position with the long residence calculator and consider getting advice now.
What is still undecided?
- The start dates for most of the changes, and full transitional rules.
- The full list of immigration breaches that lead to the 20-year pathway.
- Exactly which public funds count, and the safeguards for vulnerable groups.
- Who is in the Highest Talent Group.
What should you do now?
- If you can qualify soon, apply as soon as you're eligible under the current rules. You can usually apply up to 28 days before your qualifying period ends.
- Keep your absences in check. The 180-day rolling rule still applies: see the ILR absence calculator.
- Plan for B2 English if you'll apply on or after 26 March 2027.
- Watch for the Statement of Changes, and get individual advice if you have a past breach, a criminal record, or have claimed public funds.
- Don't travel while an application is pending: see travelling while your ILR application is pending.