ILR Changes in 2026: Current Rules vs Earned Settlement Proposals

Published: 13 October 2026

No, the 10-year ILR rule is not law: as of 12 October 2026, earned settlement is still a Home Office consultation and the current settlement rules, including the 5-year routes, still apply. The only confirmed change of this kind so far is a higher English requirement: for applications made on or after 26 March 2027 on the settlement routes specified in the Immigration Rules, applicants will need English at B2 in speaking and listening, unless an exemption applies. It does not apply to every applicant or every route.

ILR changes and ILR rules 2026 at a glance

As of 12 October 2026, the earned settlement changes to ILR are still proposals. The Home Office consultation closed on 12 February 2026 and GOV.UK says it is analysing feedback, so the current settlement rules, including the 5-year routes, still apply. The ILR application fee is £3,226 per person (GOV.UK fees table, 8 October 2026).

What is already in force for settlement

Current qualifying periods still apply

The Immigration Rules still set the qualifying periods most people are working towards. GOV.UK says you "must usually have lived and worked in the UK for 5 years" on a work visa, and long residence still needs 10 continuous years of lawful residence (GOV.UK). For the full list of routes and what each one needs, see our guide to ILR requirements and which visas lead to settlement.

Fees in 2026

The ILR fee is £3,226 for the main applicant and each dependant, unchanged in the Home Office fees table effective 8 October 2026 (GOV.UK fees table).

Statements of Changes in 2026

Three Statements of Changes have been laid in 2026: on 5 March, 9 July (HC 259) and 3 September (HC 584) (GOV.UK collection). None of them introduces the 10-year earned settlement model. The settlement changes that are in force are narrower:

• HC 259 (in force 3 August 2026). Paragraphs 297 and 298 of Part 8 now allow a child to qualify for settlement where "a close relative is present and settled in the United Kingdom and the applicant has no family other than the close relative in the UK that could reasonably be expected to support or care for them". Applications made before 3 August 2026 are decided under the old rules (HC 259).
• HC 584 (in force 8 October 2026). The Home Office explains that the change "removes the requirement for dependent children on the Hong Kong British National (Overseas) (BN(O)) route to complete a five-year continuous residence period before qualifying for settlement", so eligible children can settle alongside their parents (HC 584 Explanatory Memorandum).
• 5 March 2026 rules change, HC 1691 (applies from 26 March 2027). On the settlement routes it amends, including Skilled Worker, Long Residence, Private Life and Settlement Family Life, applications made on or after 26 March 2027 will need English at B2 in speaking and listening, up from B1, unless an exemption applies, for example being 65 or over or having a disability that prevents you meeting the requirement. Applications made before that date stay at B1. The Home Office estimates about 200 hours of learning to move between the two levels (Home Office news).

Earned settlement: what is proposed (not law)

What the consultation said

The consultation "A Fairer Pathway to Settlement" ran from 20 November 2025 to 12 February 2026. It follows the May 2025 White Paper, "Restoring control over the immigration system". GOV.UK summarises the proposal like this: "Settlement will no longer be granted automatically after a fixed period. Instead, migrants will need to earn it by demonstrating sustained good conduct, contribution and integration" (GOV.UK).

The Home Office's 5 March 2026 announcement says the proposed reforms "will see the standard qualifying period for settlement double to 10 years for most migrants", with reductions for positive contribution. The 10-year qualifying period is not in force. All of this is proposed, not law.

Where it stands now

The consultation page still reads "We are analysing your feedback". No government response has been published there and no Immigration Rules for earned settlement have been laid. In its 5 March 2026 news story, the Home Office said the more than 200,000 responses "are being considered carefully before further reforms are brought forward" (GOV.UK news story, 5 March 2026). No start date has been published on GOV.UK.

Transitional arrangements: not confirmed

Transitional arrangements for earned settlement have not been confirmed. GOV.UK has not published any for people already in the UK without ILR. Until it does, nobody can say for certain how the proposals would apply to someone part-way through a 5-year route.

What this means for you

You are on a 5-year route now

The current rules still apply to you. Keep your visa valid, keep within the absence limits for your route, and keep records of your time in the UK. Eligibility depends on your individual circumstances, so treat this as general guidance, not advice on your case.

You are close to your ILR date

Check the earliest date you can apply under your route's current rules, and whether your application will be made before or after 26 March 2027, when the B2 English requirement starts. If your English is at B1 today, plan for B2 now.

You already hold ILR

The earned settlement proposals are about how people qualify for settlement. GOV.UK has not announced any change to existing grants of ILR. Your next step may be British citizenship: see our guide to applying for British citizenship after ILR.

Frequently asked questions

Is the 10-year ILR rule law yet?

No. The 10-year standard qualifying period is a proposal in the earned settlement consultation. The consultation closed on 12 February 2026 and GOV.UK says the Home Office is analysing feedback. The current rules still apply.

When will the earned settlement changes start?

No start date has been published on GOV.UK. Changes to the Immigration Rules are published as statements of changes, and we will update this article when that happens.

Will the ILR changes affect people already on a 5-year route?

Possibly, but nothing has been confirmed. GOV.UK has not published transitional arrangements, so the current 5-year rules apply until the Immigration Rules change.

Does earned settlement affect people who already have ILR?

GOV.UK has not announced any change to existing ILR. The proposals concern how settlement is earned in future.

How much is ILR in 2026?

£3,226 per person, including each dependant, in the Home Office fees table effective 8 October 2026 (GOV.UK).

How Worldwide Immigration can help

Worldwide Immigration's immigration advisers are regulated by the Immigration Advice Authority (IAA), registration number F201900032. If you want us to check your settlement date and which rules apply to you, call 020 3488 2308 or email info@worldwideimmigration.co.uk.

Sources (checked 12 October 2026)

• Earned settlement consultation (GOV.UK, last updated 28 November 2025)
• Higher standard of English now required to settle in the UK (Home Office, 5 March 2026)
• Statement of changes to the Immigration Rules: HC 1691, 5 March 2026
• Statement of Changes in Immigration Rules HC 259 (9 July 2026)
• Explanatory Memorandum to HC 584 (3 September 2026)
• Immigration Rules: statement of changes (GOV.UK collection, updated 3 September 2026)
• Home Office immigration and nationality fees, 8 October 2026 (updated 10 September 2026)
• Check if you can get indefinite leave to remain (GOV.UK)