Background

Indefinite Leave to Remain (ILR) in the United Kingdom is currently granted to eligible individuals after a set qualifying period. However, there is now a proposal to revise this system, introducing an “earned settlement” approach that would replace the existing entitlement based solely on time spent in the UK.

Consultation Timeline

The consultation on these proposed changes is open for submissions until 12 February 2026. According to the Home Secretary, the intention is to begin implementing the new policy in April 2026.

Groups Unaffected by the Proposal

Certain categories will remain unaffected by the proposed changes. Specifically, parents, spouses, and dependants of British citizens, as well as individuals from Hong Kong holding British National (Overseas) status, will see no change to their ILR entitlement. Additionally, those with leave under the EU Settlement Scheme are excluded from these proposals, as their status is protected under the withdrawal agreement.

Who Will Be Affected?

A key issue addressed in the consultation is to determine who will be affected by the revised ILR rules. The consultation will also consider the position of people currently residing in the UK.

Without the inclusion of transitional provisions, all other immigration routes not specifically excluded—and for which settlement has not yet been reached—would be subject to the new 10-year period before qualifying for ILR.

Dependents

Dependents will be assessed separately from the main applicant, considering their own specific circumstances and attributes. Therefore, someone admitted as a dependent of An economic migrant may not have the same qualifying period.

Asylum seekers/refugees

Since these proposals target individuals already living in the UK, those currently residing in the UK with refugee status could be impacted unless transitional provisions are implemented.

In summary, the consultation will address integration, contribution, and residence.