UK ILR Reforms 2026: What Every Visa Holder Must Do Now to Get Settlement
In short
‘Earned settlement’ is the UK government’s shift from a time-based five-year payment for Indefinite Leave to Remain.
New rules for Indefinite Leave to Remain (ILR) could be introduced in late 2026 or 2027. They may affect those on visas residing in the UK who had structured their lives around meeting the requirements for ILR after five years residence in the UK, and adherence to the current settlement criteria.
If ILR reform will affect you or your family, you need to know how to earn settlement and what procedures Immigration Solicitors recommend you take to qualify for earned settlement as soon as feasible.
How to Get Settlement in the UK
Applicants will have to meet four criteria if ILR is reformed:
Residence – The applicant must be lawfully and continuously resident in the country for the duration of residence necessary. The base period for the ordinary residency will be ten years instead of the present five years. The residence requirement will vary depending on the applicant’s visa route and other circumstances.
Contribution – this is a new criteria with the Home Office examining applicants’ financial contributions whilst resident in the UK by assessing National Insurance contributions on the applicant’s wages above a defined threshold.
Integration – ILR applicants will have to pass an improved English language test and a knowledge of life in the UK test.
Criminal background – ILR applicants will not qualify if they have a criminal record which deems them unsuitable for settlement. They must also have no outstanding obligation to the NHS, HMRC or any other government organization.
These four criteria are in addition to the requirement that applicants must meet the general suitability requirements (Part suitability in the Immigration Rules).
It is crucial to understand the impact of the proposals on individual visa holders. For example, if an ILR applicant is a low earner, the residence requirement for ILR may be 15 years and for individuals earning over £50,000 a year, five years.
For more information on the ILR revisions, see What Is Earned Settlement in the UK? New ILR Rules, 10 Year Requirement and Major Changes
How Earned Settlement Reforms Could Impact Visa Holders
If the ILR revisions are enacted, visa holders could face:
- A 10 year residency requirement and longer wait on visas till eligible to apply to settle.
- Additional costs (visa fees and immigration health surcharge fees) for the next five years (or more).
- If you are in the UK on a Skilled Worker Visa you can only do the job and work for employers who have a Home Office sponsor licence.
- Restrictions on the amount of time you can spend outside the UK whilst still meeting the residence requirement. If the rules are broken, the ten-year clock could be reset.
- You cannot sponsor a partner or spouse for an Unmarried Partner Visa or Spouse Visa until you meet the sponsorship conditions of ILR or British citizenship.
- A long-term influence on their capacity to apply for settlement or permanent residency if visa holders do not completely comply with all the immigration requirements (such as overstaying on a visa).
- Criminal offence committed by the visa holder in the last ten years. Automatic refusal of an ILR application possible.
- Not being able to claim benefits that are only available to people with established status or British citizenship.
- Cannot vote in some elections or hold political or some positions.
- British citizenship and British passport cannot be obtained unless settlement is secured.
These are only some of the effects of a ten-year wait for ILR.
Many of those hoping to apply for ILR in the coming few years complain about the stress-inducing prospect that ILR rules might change again as they reach the end of their ten years residence requirement and the uncertainty ILR reform introduces.
How to Prepare for ILR Earned Settlement Tips
If you’re one of the hundreds of people worrying about how the ILR reforms will affect you and your family then there are several things you can do to prepare for the earned settlement reform:
- Check immigration record immediately.
- Stay updated with changes in immigration, visa and ILR rules.
- Prepare for your future.
Begin planning for earned settlement reforms by:
- Engage an early immigration check with a competent Immigration Solicitor to detect and reduce issues before they become unfixable.
- Begin tracking your immigration record. Review your earlier applications and immigration history for any hidden dangers.
- Tackle difficulties when they develop; many immigration problems cannot be fixed at a later date.
- But don’t rely on that alone – be proactive. Ten years’ residence alone will not guarantee you ILR.
- Not even a tiny breach. If you overstay your visa, spend time outside the UK not in accordance with the rules, or make an inaccurate application for a visa, this could affect your ten year qualifying period.
- Stay up-to-date on changes to immigration regulations to lessen the risk of refusal when renewing your visa or at the ILR stage.
- Focus on good, consistent general compliance so you don’t fall short of the mark when the earned settlement reforms are finalised.
Make sure your financial and legal affairs are in order, as any concerns concerning your income, tax affairs or legal matters could increasingly damage your eligibility for ILR. - Don’t assume there won’t be more adjustments to the ILR eligibility requirements.
Some of the specific ideas for how to get ready for ILR reform depend on:
- The visa route – some visa routes will still allow rapid settlement after three years’ residency.
- The particular compliance problems in relation to immigration rules, visa conditions and UK law.
- Your choices for mitigation.