If you are planning to settle in the UK or currently living here on a visa, it is important to be aware of one of the most significant proposed immigration changes in recent years.

Under the Government’s newly proposed “Earned Settlement” model, the standard residency requirement for permanent settlement (also known as Indefinite Leave to Remain or ILR) is set to double—from five years to ten years.

This is a major shift that could affect thousands of migrants. In this blog, we will break down what the changes mean, who they apply to, and how you can plan ahead.

What is settlement and why does it matter?

Settlement, or ILR, gives you the right to live in the UK permanently without immigration restrictions. It is also a key step towards British citizenship.

Once granted, it offers access to public services, the freedom to change jobs without visa restrictions, and the ability to live here without worrying about future visa renewals. For many, it represents stability and security for their families.

What’s changing?

The qualifying period for settlement is likely being increased from 5 to 10 years under a new “Earned Settlement” model.

This means most migrants will now need to demonstrate a decade of legal residence and compliance with visa conditions, along with long-term contributions to the UK economy and society.

Think of it as a points-based reward system—those who work, contribute, and integrate successfully may earn points towards reducing their settlement timeline. However, the default rule will be 10 years unless you qualify for specific exceptions.

Who will be affected?

These changes apply to most visa holders, including those on:

• Work visas
• Skilled Worker visas
• Student visas (switching routes later)
• Other temporary routes

However, there are some important exceptions:

• Spouses/partners of British citizens will still be able to apply for settlement after 5 years, if they meet the requirements.
• Vulnerable groups—such as victims of domestic abuse, bereaved parents, or children in care—will still be protected and offered clearer pathways to settlement.
• Children who have grown up in the UK but do not currently have legal status will also benefit from new pathways to regularise and settle.

The new model is inspired by the Points-Based Immigration System and rewards long-term economic and societal contributions. Details of the new points system are due to be published later this year.

What should you do now?

If you are already in the UK or considering applying for a visa, now is the time to plan carefully.

• Check your current timeline – If you were aiming to apply for ILR soon, check whether you can apply before the rules change.
• Keep compliant – Make sure you meet all visa conditions, especially around work, absences, and financial requirements.
• Start building your contribution – Start building a case that will help you “earn” settlement.
• Talk to Gherson – Every case is different. We can help you understand your unique position and plan your next steps.

At Gherson, we specialise in helping couples like you plan for a future in the UK — from initial visa applications to settlement and citizenship. 

 Need Immigration Assistance? Contact Gherson Solicitors today for expert legal guidance on navigating the latest immigration changes.

Get in touch now to schedule a consultation!

Updated: 20 May 2025

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on 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.

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.

©Gherson 2025

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