ILR & Earned Settlement in the UK: What’s Changing in 2026

Indefinite Leave to Remain (ILR), also called settlement, lets you live and work in the UK without time limits. On 2 November 2026 the Home Secretary confirmed the biggest change to settlement in decades: Earned Settlement. This guide explains what is changing, who is affected and why timing your application matters. Last updated 4 November 2026.

What is Indefinite Leave to Remain?

ILR is permanent immigration status in the UK. With ILR you can:

• Live, work and study in the UK without visa restrictions
• Access public funds and services, if eligible
• Apply for British citizenship once you meet the requirements

Under the current rules most work and family routes lead to ILR after 5 years. Read more about the current routes on our Indefinite Leave to Remain page.

What is Earned Settlement?

Earned Settlement replaces the standard 5-year wait with a qualifying period that depends on your earnings, your job and your immigration history. The main pathways are:

3 years – highest earners and talent routes

People earning £125,141 or more a year, and holders of Global Talent, Innovator Founder and Sportsperson visas.

5 years – higher earners, key workers and British connections

People earning £50,271 or more, those in eligible public service roles such as doctors, nurses and teachers, and people with a British connection – for example partners and parents of British citizens or UK Ancestry visa holders.

10 years – the new default

Most other people, including many Skilled Workers earning under £50,271 and partners on spouse or partner visas whose sponsor is settled in the UK but not British.

20 years – breaches and public funds

People with previous immigration breaches (such as overstaying or breaching visa conditions) and those who need to keep claiming public funds.

Some groups keep their current qualifying period, including Hong Kong BN(O) visa holders, Windrush cases, Armed Forces members and victims of domestic abuse. The EU Settlement Scheme is not affected.

New requirements for everyone

Alongside the qualifying period, all applicants will need to meet new minimum requirements:

• A clean criminal record – even a caution counts
• English at B2 level
• No unpaid debts to the state, such as NHS charges
• At least 3 years of National Insurance contributions

Who is affected?

The changes are expected to apply to anyone who does not yet hold ILR, not just new arrivals, because settlement rules are applied when your application is decided. You are most likely to be affected if:

• You are on a 5-year route and earn under £50,271 in a role that is not an eligible public service occupation
• You are on a spouse or partner visa and your partner is settled in the UK but not a British citizen
• You were relying on the 10-year long residence route, which is closing
• You have ever overstayed or breached a visa condition
• You have claimed public funds in recent years

There are transitional arrangements for some care and public service workers who joined before May 2025. Earnings will be assessed on your “best years”, and couples may be able to combine income to meet the household earnings requirement.

When will the changes take effect?

• 2 November 2026 – Earned Settlement confirmed in Parliament
• December 2026 – first changes expected in a Statement of Changes to the Immigration Rules
• Throughout 2027 – reforms rolled out in stages, with detailed guidance to follow

Why you should apply for ILR now if you qualify

If you already meet the current requirements, applying before the new rules take effect may mean you settle years earlier. Waiting could mean:

• A longer qualifying period – often 10 years instead of 5
• Stricter requirements, such as B2 English and National Insurance contributions
• More visa extensions and fees before you can settle

Current ILR requirements

Until the new rules apply, you will generally need:

• Continuous residence – usually 5 years on a qualifying route, with limited absences from the UK
• English language – an approved test at B1 or above, or a qualifying degree taught in English
• Life in the UK test – passed on the official government website
• Good character – no serious criminal record or immigration breaches
• Route-specific requirements – for example salary and sponsorship for Skilled Workers

Standard ILR applications are usually decided within 6 months, with faster priority services available for an extra fee.

How Baya Immigration can help

• Eligibility assessments under the current rules and Earned Settlement
• Document checking and preparation
• Strategic advice on when to apply
• Support with appeals and refusal challenges

Frequently asked questions

Will Earned Settlement affect people already in the UK?

Yes – it is expected to apply to anyone who does not hold ILR when their application is decided, subject to transitional arrangements for some groups.

I already have ILR. Will I lose it?

No. Existing ILR is not being taken away. You may now want to consider applying for British citizenship.

What if my ILR application is refused?

Depending on your route you may be able to request an administrative review, appeal, make a fresh application or challenge the decision. See our guide to appealing a Home Office decision.

Can I apply for British citizenship after ILR?

Usually after holding ILR for 12 months, or straight away if you are married to a British citizen, provided you meet the other requirements.

This guide is based on the Government’s announcement of 2 November 2026. The detailed Immigration Rules have not yet been published and may change. It is general information, not legal advice for your circumstances.