Proposed changes to settlement in the UK

On 20 November 2025, the Government published their statement and consultation on proposed changes to settlement in the UK.

The statement expands on the reforms to settlement set out in the Government’s White Paper published on 12 May 2025.

The statement gives more detail about the proposed significant changes to how and when people can qualify for settlement (also known as Indefinite Leave to Remain). This includes details of proposed “earned settlement” to shorten qualifying periods for those who make a meaningful contribution to UK society.

Key proposals to settlement in UK

• Increase in default qualifying period from 5 to 10 years for most immigration routes, with exceptions for certain groups or individuals
• There will be no change to the 5-year qualifying period for:
  • Partners of UK citizens
  • British National Overseas from Hong Kong
  • EU nationals qualifying under the EU Settlement Scheme
  • Windrush applicants
• Increase in qualifying period from 5 to 20 years for Refugees, up to 30 years for those who arrive illegally in the UK and between 15 to 20 years for migrants who have received benefits
• “Earned settlement”
  • Shorter qualifying periods for those who make a particular contribution to UK society e.g. through working in a public service, volunteering, paying higher rate tax, on Global Talent visas or with degree level English language
  • Four core pillars will be considered to ensure that whether a meaningful contribution is made measurable:
    • Character e.g. no criminal convictions and breaches of immigration rules
    • Integration i.e. demonstrate meaningful engagement with British society
    • Contribution i.e. reward economic contribution to the UK
    • Residence i.e. require lawful, continuous residence in the UK

The proposals are subject to consultation and so may change before they come into force.

When will the changes apply from?

It is proposed that the changes will be phased in from April 2026.

Who will the changes apply to?

The Government has said that the changes will apply to everyone who is not yet settled when the changes come into force.

Usually where people are already in an immigration route, there are transitional arrangements put in place to protect the previous conditions that applied to their route. However, the Government appear to be taking a difference stance in their proposals.

The proposals are subject to consultation. The window for responses runs until 12 February 2026.

There is likely to be a lot of opposition to these changes including against the extension of the qualifying period to 10 years or more and the lack of proposed transitional arrangements

The proposals as currently set out in our view unfairly change the goalposts for people already in the UK in a route to settlement.

Hopefully the consultation will result in some concessions being made before the proposals become law. We will however need to wait and see what happens.

What should you do?

Our advice is that if you are eligible to apply for Indefinite Leave to Remain before or by April 2026, you take steps to prepare to make an application as soon as you meet the qualifying period, such as taking the required English language and Life in the UK tests.

An application can usually be made from 28 days before you accrue the required qualifying period and so you should check the date you could apply from.

If you need advice about how the proposed changes could affect you or your family or assistance with an application, please do contact us to arrange a meeting.

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