The proposed policy would change the baseline 5-year qualifying time for settlement to 10 years. What would happen?
Shabana Mahmood, the Home Secretary, informed MPs last week that the government will move forward with extending the usual qualifying time for settlement from five to ten years. This is despite though the government is still talking to people about other parts of the proposed changes.
When Mahmood gave evidence to the Home Affairs Committee, he answered questions about the consultation’s scope, when the amendments would go into effect, and whether they would apply to events that happened in the past. She made it clear that the consultation is “real and open-ended” on a number of key topics, such as protections for migrants who are currently in the UK.
“We are asking for feedback on some of the details of the proposals,” she said, calling the process “a real piece of work.” She continued, “We are really consulting on that,” when talking about transitional arrangements. “In the consultation, we ask a specific question about transitional arrangements.”
Mahmood admitted that the changes could have big effects on people who already live in the UK. She told the Committee, “I know that big changes could be happening,” and it was naive to think that no one in the country would be harmed. “It is hard to believe that no one who is here right now would be affected by any of these changes. I think we should be honest about that.”
She stressed that no decisions had been made yet on a number of matters, such as whether income limits should be based on individuals or households and how children should be treated. She stated, “The consultation is really open on this point,” and that the administration will look at “the totality of the responses” before making a final decision.
But Mahmood made it plain that some of the main policies are already fixed in stone. “We’ve already said we want to go from a five-year qualifying period to ten years, and we’re not asking for feedback on that,” she told MPs. She said that the current five-year course was too short because of the UK’s assistance system. “We have a welfare state that is rather generous. Five years is actually a very short time before people can permanently move to the country and enjoy all the perks that come with it. We should thus enlarge it.
The Migration Observatory looks at changes to ILR and settlement, including proposed policies and their possible effects.
In November 2025, the UK government said it wanted to make the requirements for permanent residence, often called settlement or Indefinite Leave to Remain (ILR), much stricter. A plan to double the usual qualifying time from five to ten years is at the heart of the revisions. This commentary talks about the changes that are being suggested and looks at what they might mean.
Around 2.2 million people had temporary visas that may lead to settlement at the end of 2024. However, not all of them are expected to apply. If the new system is put in place, all applicants would have to meet stricter minimum requirements for getting a job and speaking English. Based on data from 2024, hundreds of thousands of people who could have applied for jobs were not working, therefore they would not reach the minimum employment requirement.
The amount of time it takes to settle down would depend a lot on things like job, income, and other factors. Care workers and migrants in middle-skilled jobs would have to wait at least 15 years; since 2021, at least 325,000 visas have been given out for these jobs. Most of the main candidates on work visas make enough money to stay on the five-year route, but most of their dependents do not. Instead, they would have to wait ten years.
At the end of 2024, some 430,000 to 520,000 kids had temporary visas that would let them stay in the country. As of early 2026, the government still hadn’t made it clear how the new laws will affect people who came to the UK as kids.
Adding more options for low-income workers to settle down presents a trade-off: the government may get more money in the short term, but migrant integration may suffer in the long term. It is unclear what other effects would be, such as how required job requirements will affect the situation and whether stricter settlement laws will keep skilled workers from coming to the UK.
What changes are being suggested?
The Home Office thinks that the present standards would let 1.6 million persons get ILR between 2026 and 2030. The government says that changes are needed to stop a huge rise in settlement payments after record levels of immigration in the early 2020s. Ministers, especially the Home Secretary, have highlighted worries about the possible financial effects of settlement because it gives people access to public assistance. Any changes would also affect people who have already moved to the UK.
- New Minimum Requirements
There would be further requirements for all settlement applicants, but some people may still be able to get around them. Right now, applicants must pass the Life in the UK test, show that they can speak English at a B1 level, and not have a major criminal record. The suggestions say:
- The level of English needed would go up to B2 (upper-intermediate).
- To qualify, applicants would need to have made at least three years’ worth of national insurance payments. This means they would need to have made at least £12,570 a year, which is about 19 hours of work per week at the minimum wage in 2026–27.
- Longer waiting times, with some exceptions
The normal time it takes to qualify for settlement would go from five years to ten years. Some important exceptions are:
- Family members of British citizens (for five years)
- People with BN(O) visas through the Hong Kong humanitarian route (five years)
- Holders of the Innovator Founder and Global Talent visa (three years)
- Citizens of the EU and people having status under the EU Settlement Scheme (still the same)
Other groups would have to wait a lot longer than the baseline:
- 15 years for Skilled Worker visa holders in low- or middle-skilled jobs (below RQF level 6)
- Refugees: 20 years, but there may be shorter paths through a new work-and-study protection channel (details to come).
The current “long residence” path, which lets people settle down after living in the US legally for ten years in most visa categories, will be ended.
Changes to the waiting times
Based on each person’s situation, eligibility could be sped up or slowed down from these baseline timeframes. Only the biggest change would apply.
Reductions:
- One year of English at the C1 level
- 5 years if your taxable income is at least £50,270
- 7 years for taxable income of at least £125,140
- 5 years for certain public service jobs (including education or the NHS; list still to come)
- 3–5 years for helping the community, including volunteering (more information to come)
Extensions:
+5 years for getting public money for less than 12 months
+10 years for getting public money for more than 12 months
Up to 20 years for illegal immigration, protracted stays, or using visitor permits incorrectly (with a maximum of 30 years)
Overall Effect and What to Do Next
Under the proposals, practically all migrants would have to wait longer or the same amount of time as they do now to settle down. Very high earners are the only ones who could qualify after three years instead of five.
Most initiatives are open to public comment until February 12, 2026. The government is also thinking about giving more exemptions to groups that are already vulnerable and to migrants who come as youngsters.
Several important types of visas, such Student, Graduate, and short-term work visas like intra-company transfers, would still not contribute toward eligibility for settlement. Many people who possess these visas can presently qualify through the lengthy residency route, but this option would no longer be available under the proposed system. The only groups that would still be able to use it are those who are already excluded, including seasonal workers and people on Ukraine programs.