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Immigration

ILR Rules Confirmed: Earned Settlement Explained — 3, 5, 10 or 20 Years

8 min read October 2026Updated Pravasi Editorial

The government confirmed its new 'earned settlement' rules on 2 November 2026. The standard wait for indefinite leave to remain rises from 5 to 10 years, with 5 years for people earning at least £50,271, key public service workers and partners of British citizens, and 3 years for top earners. The rules are not in force yet. Here is what is confirmed and what to do now.

The short answer (updated 3 November 2026)

Yes — the 10-year rule has now been confirmed as government policy, but it is not in force yet. On 2 November 2026 the government published its final response to the earned settlement consultation. The default wait for indefinite leave to remain will rise from 5 to 10 years, with shorter routes for people who make a larger contribution. Until the Immigration Rules are changed, the current rules still apply. Separately, the B2 English requirement for settlement on many routes is already law from 26 March 2027.

The four pathways

3 years: earnings of at least £125,141 for 3 years (or 3 of the last 4), or the highest-talent group. 5 years: earnings of at least £50,271 in 3 of the last 5 years, 5 years in an eligible public service occupation, or a British connection — partners, parents and children of British citizens and UK Ancestry. 10 years: the default, for anyone earning at least £12,571 in 5 of the previous 7 years who meets the mandatory requirements. 20 years: for people whose immigration breaches or use of public funds stop them qualifying sooner.

What changed from the original proposals

The final rules are simpler than those consulted on. Workers in jobs below graduate level will no longer face the 15-year route that was proposed — they go on the 10-year route instead. Volunteering will not reduce the wait, and C1 English will not shorten it either. Couples will be able to combine their earnings to meet the minimum contribution, with a household threshold of £25,142.

Requirements everyone must meet

All applicants will need English at B2, a pass in the Life in the UK test, no outstanding government debts (including NHS, tax and National Insurance debts), and a clean criminal record. Anyone who has claimed specified public funds in the 5 years before applying will be on the 20-year route instead. Exemptions continue for children, people aged 65 and over, and people unable to meet the English requirement because of a physical or mental condition.

Does it apply to people already in the UK?

For most people, yes. The government says applications are normally decided under the rules in force when the decision is made, and that being in the UK does not give an automatic right to settle under the old rules. People who already have ILR or settled status are not affected. The EU Settlement Scheme, BN(O), Windrush and armed forces routes keep their existing arrangements.

Who keeps a 5-year route

Care workers who entered or switched into the care route before the Immigration White Paper of May 2025 keep 5 years if they meet the £25,000 salary, sponsorship and employment requirements; those who don't can apply for a further 5-year Health and Care visa. Health and education workers below graduate level on a national pay scale who came before May 2025 also keep 5 years. Doctors, nurses, teachers and other eligible public service workers at graduate level and above will have a permanent 5-year route. Skilled Workers who arrived before April 2024 can keep extending their visas on their current terms until 2035.

When it starts

No start date has been announced. The government says it will publish further technical guidance and an impact assessment before implementation, and the changes must be made to the Immigration Rules. Commentators expect a formal rules change around the end of 2026, with changes taking effect during 2027 — but until official dates are published, treat any specific date as unconfirmed.

What to do now

Keep a full record of your earnings — P60s, payslips and tax returns. Check whether you are likely to meet £50,271 in 3 of the 5 years before you apply. Avoid claiming public funds and avoid any gaps in your visa permission. Book a B2 English test and the Life in the UK test in good time. If you could qualify under the current 5-year rules before the change, talk to a regulated adviser about applying as soon as you are eligible. Skilled Worker visa holders can read our dedicated guide on what this means for them.

Where to check

This guide is based on the Home Office's 'A Fairer Pathway to Settlement: Government Response to the Consultation' (CP 1707, 2 November 2026), the GOV.UK announcement of 2 November 2026, and the Immigration Rules changes in HC 1691. Always check gov.uk/indefinite-leave-to-remain, and for advice on your own case use an adviser regulated by the OISC or a solicitor regulated by the SRA.

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