Planned Changes to the Rules on Applying for Indefinite Leave to Remain
The government plans to change the rules on when people can apply for Indefinite Leave to Remain and the eligibility criteria.
This news should be of interest to those living in the UK and planning to apply for settlement, as well as to those intending to move to the UK to live and work, with the expectation of eventually settling and securing British citizenship.
In this article, our UK Immigration Lawyers outline the planned changes to the immigration rules on applying for Indefinite Leave to Remain. However, we warn that these are government plans. They may not become law if the government does not pursue the planned changes, or they may be radically altered through the scheduled consultation process.
At OTS Solicitors, our Indefinite Leave to Remain Lawyers will ensure you get the latest ILR immigration legal advice tailored to your circumstances.
The Immigration White Paper and Indefinite Leave to Remain
On 12 May 2025, the government published a White Paper outlining its planned changes to immigration policy. The intention behind the White Paper is to reduce net migration to the UK. The government believes that this can be achieved by modifying the eligibility criteria for visas, such as the Skilled Worker Visa, Student Visa, and Family Visa, as well as significantly altering the route to settlement in the UK.
The planned changes to Indefinite Leave to Remain
The planned changes to Indefinite Leave to Remain are twofold:
- Extending the qualifying period before visa holders are eligible to apply for ILR, and
- Making the ILR application merit-based so that settlement is earned under a points-based immigration system.
Extending the qualifying period before visa holders are eligible to apply for ILR
The White Paper says that the qualifying period for most ILR applicants will be increased from the current five years to ten years.
Some people may still be eligible for an accelerated settlement. Additionally, the current proposals do not extend the qualifying residence requirement to those applying to settle after entering the UK on a Family Visa. Spouse Visa and other Family Visa holders would still be able to apply for ILR after meeting a five-year residence requirement.
Of concern to overseas workers and UK businesses is the proposal that Skilled Worker Visa holders and others in the UK on Work Visas would need to be continuously and lawfully in the UK for ten years to qualify for ILR, rather than the current five.
The implications of an extended ILR qualifying period for visa holders
The impact of an extended ILR qualifying period for visa holders is:
- Increased expense because additional visa applications will need to be made before an applicant is eligible to apply for ILR. This applies to the primary Skilled Worker Visa holder and any Dependant Visa holders, such as family members, including spouses and children.
- Increased cost of the immigration health surcharge whilst on a visa.
- Having to meet the absence thresholds for ILR for a more extended qualifying period, thus restricting time spent outside the UK.
- Depending on the visa conditions, the visa holder may be limited to the type of employment that they can undertake for ten years, rather than five—for example, limited to employment by an employer with a sponsor licence.
- Inability to access housing or state benefits while not having ILR status.
- Feeling unsettled in the UK because settlement has not been secured.
- It will take longer to apply for British citizenship because obtaining ILR will take longer.
- There is a greater risk that an applicant may not qualify for ILR because they do not meet the eligibility criteria. For example, the financial requirement due to a change in health or family circumstances.
- Inability to sponsor partners to come to the UK on Spouse Visas or Unmarried Partner Visas until the sponsor has first secured Indefinite Leave to Remain.
- Unable to vote in local elections until ILR is secured.
The implications of an extended ILR qualifying period for sponsor licence holders and UK business owners
The impact of an extended ILR qualifying period for sponsor licence holders and UK business owners is:
- The UK may not be as attractive a place to move to. The ‘brightest and best’ of overseas job recruits may decide to move to a country where their route to settlement is less than ten years.
- Sponsor licence holders will need to sponsor their sponsored workers for longer. This will add to the business overhead with additional Certificate of Sponsorship fees, immigration skills charges, and the additional costs associated with sponsoring an overseas worker on a Skilled Worker Visa or Global Business Mobility Visa.
- Sponsor licence holders will have sponsored employees for ten rather than five years if the employee remains in post during the ILR residence requirement. Ongoing sponsorship will restrict the flexibility of the employment. For example, a Skilled Worker Visa holder can only be promoted into a post that falls within the definition of jobs that are capable of sponsorship.
Earned settlement
The second proposed change to ILR is changing the current eligibility criteria to a more merit-based or earned criterion.
What does earned settlement mean? No one knows for sure at the moment. However, UK Immigration Lawyers anticipate a greater focus on an applicant’s contributions and commitment to the UK, with Indefinite Leave to Remain being secured through the use of a points-based immigration system for settlement.
The English language requirement for Indefinite Leave to Remain
In addition to the earned settlement requirement, the White Paper refers to changing the English language requirement for ILR applicants. Instead of having to pass the English language test at level B1, the required pass will change to level B2.
What should you do about your planned ILR application?
Firstly, the White Paper proposals may not be implemented into law, and the ILR immigration rules may not be altered. However, even if the changes are not fully implemented, UK Immigration Lawyers anticipate significant ILR changes.
The first step in the change process is a public consultation. You can expect plenty of consultation feedback from both individuals and businesses, as well as sponsor license holders.
Secondly, if you are in the UK on a visa, the government is likely to propose transitional provisions. However, there are no guarantees it will do so.
If you are in the UK with a plan to settle in the UK, then Immigration Solicitors recommend:
- You apply for ILR as soon as you meet the ILR criteria.
- If you plan to spend time outside the UK whilst on a UK visa, you should consult Immigration Lawyers in London before doing so to ensure that you still fall within the ILR absence thresholds.
- If your application for ILR is likely to be complex because of the good character requirement, your past immigration record, or other reasons, you should consult an ILR Lawyer to help you successfully secure ILR status.
If you are living outside the UK and hold ILR, you should consult an Immigration Solicitor to determine whether you require a Returning Resident Visa and whether you meet the eligibility criteria.
Consult the ILR Lawyers at OTS Solicitors
At award-winning OTS Solicitors, our expert Indefinite Leave to Remain Lawyers can help you obtain ILR by advising on whether you meet the eligibility criteria and guiding and fully supporting you through the ILR application process.
For expert advice on making an Indefinite Leave to Remain application, please call or complete our online form to arrange an appointment at our London offices or a phone or online consultation.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo and Urdu/Punjabi.
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