The government wants to amend the regulations for when people can Applying for ILR and who can apply.
People who live in the UK and want to apply for settlement, as well as people who want to migrate to the UK to live and work with the goal of eventually settling down and getting British citizenship, should be interested in this news.
Our UK Immigration Lawyers explain in this post the changes that are planned to the rules for applying for Indefinite Leave to Remain. But we want to make it clear that these are government plans. If the government doesn’t follow through with the proposed reforms, they might not become legislation. Or they might change a lot throughout the planned consultation process.
The Immigration White Paper and the Right to Stay Forever
The government released a White Paper on May 12, 2025, that explained how it wanted to modify its immigration policy. The White Paper’s goal is to lower the number of people who move to the UK. The government thinks that changing the requirements for visas like the Skilled Worker Visa, Student Visa, and Family Visa, as well as making big changes to the process of settling in the UK, can help with this.
The adjustments that are anticipated for Indefinite Leave to Remain
There are two parts to the reforms that are anticipated for Indefinite Leave to Remain:
- Extending the time that visa holders must wait before they can file for ILR, and
- Making the ILR application based on merit so that people earn their settlement through a points-based immigration system.
Lengthening the time that visa holders must wait before they can file for ILR
The White Paper notes that the time frame for most ILR candidates to meet the requirements will go from five years to ten years.
Some folks may still be able to get a faster settlement. Also, the current proposals do not make the qualifying residency requirement applicable to anyone who want to live in the UK after coming on a Family Visa. People on a Spouse Visa or other Family Visa would still be allowed to apply for ILR after living in the UK for five years.
The idea that Skilled Worker Visa holders and other people in the UK on Work Visas would need to stay in the UK lawfully and consistently for ten years instead of the existing five years is worrying for both UK businesses and workers from other countries.
What an extended ILR qualifying time means for visa holders
The effect of a longer ILR qualifying time for visa holders is:
- several expensive since applicants will need to submit several visa applications before they can apply for ILR. This applies to the main Skilled Worker Visa holder and any Dependents, like family members, spouses, and children.
- The immigration health surcharge is now more expensive when on a visa.
- Having to meet the absence standards for ILR for a longer qualifying period, which means spending less time outside the UK.
- The visa holder may not be able to work for ten years, instead of five, depending on the requirements of their visa. For example, they may only be able to work for an employer with a sponsor licence.
- You can’t get housing or state assistance if you don’t have ILR status.
- Not feeling settled in the UK since you haven’t been able to settle down.
- It will take longer to get British citizenship because it will take longer to get ILR.
- There is a higher chance that a candidate won’t get ILR since they don’t match the requirements. For instance, the need for more money because of a change in health or family situation.
- You can’t sponsor your spouse to come to the UK on a Spouse Visa or an Unmarried spouse Visa unless you have Indefinite Leave to Remain.
- You can’t vote in municipal elections unless you get ILR.
The consequences of an elongated ILR qualifying time for sponsor licence holders and proprietors of UK businesses.
The effect of a longer ILR qualifying time for UK business owners and sponsor licence holders is:
- The UK might not be as appealing as a location to live. The “brightest and best” of foreign job seekers may choose to migrate to a country where it takes less than ten years to settle down.
- People who hold a sponsor licence will have to support their sponsored workers for a longer time. This will raise the business’s costs because it will have to pay more for things like the Certificate of Sponsorship, immigration expertise, and the extra expenditures that come with sponsoring a foreign worker on a Skilled Worker Visa or a Global Business Mobility Visa.
- If the employee stays in their job during the ILR residence requirement, sponsor licence holders will have sponsored employees for ten years instead of five. Ongoing sponsorship will make the job less flexible. For instance, a Skilled Worker Visa holder can only be promoted to a job that is eligible for sponsorship.
Earned settlement
The second suggested modification to ILR is to make the current eligibility criteria more merit-based or earned.
What does it mean to have earned settlement? At this point, no one knows for sure. UK immigration lawyers, on the other hand, think that there will be more emphasis on an applicant’s contributions and commitment to the UK. This is because Indefinite Leave to Remain will be granted through a points-based immigration system for settlement.
The need to speak English for Indefinite Leave to Remain
The White Paper also talks about modifying the English language requirement for people who want to get ILR, in addition to the earned settlement requirement. The level at which you need to pass the English language test will change from B1 to B2.
What do you need to do about your anticipated ILR application?
First, the White Paper recommendations might not become legislation, and the ILR immigration regulations might not change. UK Immigration Lawyers expect big changes to ILR, even if the reforms aren’t completely put into effect.
A public consultation is the first step in making changes. You should expect a lot of comments from people, businesses, and sponsor licence holders who took part in the consultation.
Second, if you are in the UK on a visa, the government is likely to suggest temporary rules. But there are no guarantees that it will.
If you want to live in the UK and are already there, Immigration Solicitors suggest:
- You can apply for ILR as soon as you meet the requirements.
- If you have a UK visa and want to spend time outside of the UK, you should talk to Immigration Lawyers in London first to make sure you still meet the ILR absence thresholds.
- You should talk to an ILR lawyer if your application for ILR is likely to be complicated because of the good character criterion, your past immigration record, or other reasons. They can assist you get ILR status.
If you live outside the UK and have ILR, you should talk to an Immigration Solicitor to find out if you need a Returning Resident Visa and if you fulfil the requirements.