Earned settlement and ILR reform – legal risk and transitional issues

Proposals put forward by the Home Office under its ongoing consultation on reforming Indefinite Leave to Remain (ILR) would, if implemented, represent one of the most significant shifts in UK immigration policy in recent years. With the consultation closing on 12 February 2026, the proposals would double the standard qualifying period from five to ten years, fundamentally altering expectations for hundreds of thousands of migrants already residing in the UK.

The earned settlement framework

At present, the majority of immigration routes offer eligibility for ILR after five years. Some niche routes, such as the Innovator Founder route and certain subcategories of the Global Talent route, allow settlement after three years. A small number of routes –  usually those based on human rights grounds – require ten years of residence, as do routes combining time spent across different visa categories. Each route also carries additional bespoke requirements for applying for ILR.

The proposals would extend the standard settlement pathway from five to ten years for most applicants. The consultation also introduces an “earned settlement” model, under which applicants would be assessed across four categories: character, integration, contribution and residence. Under this framework, high contributors could qualify for ILR more quickly, whilst those with an adverse immigration history, for example, would wait considerably longer. High earners, for instance, could qualify in just three or five years, whilst Skilled Workers in roles below degree level (RQF level 6) would face a starting point of fifteen years.

It appears that individuals who already hold ILR, as well as those with status (including Pre-Settled status) under the EU Settlement Scheme, will not be affected by the proposals. However, the consultation states that “all other applicants may be impacted, including those already in the UK and on a pathway to ILR”. This ambiguous language raises serious concerns about retrospective application. Migrants who entered the UK under clear five-year routes could suddenly face ten- or fifteen-year timelines to permanent residence. Migrants who entered on five-year settlement routes possess a legitimate expectation that these timelines would be honoured, and we expect there to be legal challenges over the retrospective nature of the proposals, should they be implemented. The Immigration Rules in force at the time of their application explicitly stated five-year settlement requirements. Applicants would have planned their entire lives accordingly, which would have included making decisions on the country to relocate to, employment, mortgage commitments, childrens’ education and family planning.

The ten-year long residence route

The consultation proposes abolishing the ten-year long residence route. This longstanding category has provided a pathway to ILR for individuals who have spent a decade in the UK across various visa categories. Applications under this route require the applicant to have held their current immigration status for at least twelve months immediately prior to applying. As a result, individuals planning to apply in early 2026 could be adversely affected if changes take effect from April 2026, as is currently expected.

Conclusion

It is important to note that these proposals are not yet final, and the specifics of any changes will depend on the outcome of the ongoing consultation, which closes on 12 February 2026. The consultation leaves many questions unanswered, and until the full details are published, significant uncertainty remains regarding the future structure of settlement routes in the UK.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date. Please note that we are unable to advise on how the proposals will affect your status at present due to the ambiguity of the proposals.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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