UK ILR Reforms 2026: What Every Visa Holder Must Do Now to Earn Settlement
In Brief
The UK government is changing Indefinite Leave to Remain from a time-based five-year settlement to ‘earned settlement’.
The reforms to Indefinite Leave to Remain (ILR) could come into effect in late 2026 or 2027. They may affect people living in the UK on visas who had planned their lives around qualifying for ILR after five years' residence in the UK, and compliance with the current settlement rules.
If you or your family will be affected by ILR reform, you need to know how to earn settlement and the steps Immigration Solicitors recommend you take to qualify for earned settlement as quickly as possible.
How to Earn Settlement in the UK
If ILR is reformed, applicants will need to meet four criteria:
- Residence – residence must be lawful and continual for the applicant’s required residence period. The usual residence starting point will be ten years, rather than the current five years. The residence requirement will be adjusted depending on the applicant’s visa route and other factors.
- Contribution – this is a new criteria with the Home Office assessing applicants’ financial contributions while resident in the UK by assessing National Insurance contributions on the applicant’s earnings above a specified threshold.
- Integration – ILR applicants will need to pass an enhanced English language test and a knowledge of life in the UK test.
- Character – ILR applicants will not qualify if they have a criminal record that makes them unsuitable for settlement. Applicants must also have no outstanding debt to the NHS, HMRC, or other government body.
The four criteria are in addition to the requirement that applicants must meet general suitability requirements (Part suitability in the immigration rules).
It is important to understand how the proposals will affect individual visa holders. For example, if an ILR applicant is classed as a low earner, the residence requirement to qualify for ILR may be 15 years, and for those earning over £50,000 a year, it may be five years.
For additional information on the ILR reforms, read What Is Earned Settlement in the UK? New ILR Rules, 10 Year Requirement and Key Changes.
How Visa Holders Could be Affected by Earned Settlement Reforms
If the ILR reforms go ahead, visa holders could face:
- A ten-year residence requirement and a longer wait on visas until eligible to apply to settle.
- Additional expenses (visa fees and immigration health surcharge fees) for an extra five years (or longer).
- Being restricted to the choice of job and to employment with employers who have a Home Office sponsor licence, if in the UK on a Skilled Worker Visa.
- Limits on the amount of time that can be spent outside the UK and still meet the residence requirement. A breach in the rules may result in the ten-year clock being reset.
- Unable to sponsor a partner or spouse on an Unmarried Partner Visa or Spouse Visa until the sponsorship criteria of ILR or British citizenship are met.
- An impact on their ability to apply for settlement or settlement after an extended timeframe if visa holders do not fully comply with all the immigration rules (such as overstaying on a visa).
- Potential automatic refusal of an ILR application if the visa holder committed a criminal offence over the past ten years.
- Inability to claim benefits reserved for those with settled status or British citizenship.
- Unable to vote in some elections or hold political posts or some jobs.
- Unable to obtain British citizenship and a British passport until settlement is secured.
These are just some of the consequences of a ten-year wait for ILR.
Most of those hoping to apply for ILR in the next few years complain about the uncertainty ILR reform creates and the stress-inducing fear that ILR rules may change again as they near completion of their ten-year residence requirement.
Tips on How to Get Ready For ILR Earned Settlement
If you are one of the thousands of people stressing about how the ILR reforms will impact you and your family, then there are some things you can do to get ready for earned settlement reform:
- Check your immigration record now.
- Keep up to date with immigration, visa and ILR rule changes.
- Plan for your future.
You can start planning for earned settlement reforms by:
- Undertake an early immigration check with a specialist Immigration Solicitor to identify and mitigate risks before they become unfixable.
- Start monitoring your immigration record Review your past applications and immigration history to identify any hidden risks.
- Address issues as soon as they arise, as many immigration problems cannot be corrected later.
- Be proactive and do not assume ten years’ residence alone will be sufficient for ILR.
- Avoid even minor breaches. Overstaying, absences from the UK outside the rules, or incorrect visa applications could reset your ten-year qualifying period.
- Stay up to date with changes to immigration rules to reduce the risk of refusal at visa renewal or the ILR stage.
- Focus on strong, consistent overall compliance to avoid falling short of the mark when the earned settlement reforms are finalised.
- Ensure that all financial and legal matters are in order, as irregularities in your income, tax affairs, or legal issues may increasingly impact your ILR eligibility.
- Don’t assume that there won't be any further reforms to the ILR eligibility criteria.
Specific tips for how to get ready for ILR reform depend on:
- The visa route – some visa routes will still enable accelerated settlement after three years' residence.
- The specific compliance issues with immigration rules, visa conditions and UK law.
- Your mitigation options.
Talk to OTS Solicitors About Applying For Earned Settlement
At OTS Solicitors, our expert team of Immigration Lawyers understands that changes to visa, settlement, or citizenship rules can be a worry for those who have mapped out a future for themselves in the UK based on the rules in place when they first entered.
Hiring a specialist Immigration Solicitor at the outset of your first visa application is more important than ever, because visa application mistakes could either prevent you from securing ILR or delay your application.
An Immigration Lawyer can help with advice on:
- Available visa routes and those that offer a route to accelerated settlement.
- How to extend your visa or switch to a new visa route.
- Following the immigration rules, such as making sure your visa application is submitted on time, so you do not overstay.
OTS Solicitors offer “keep in touch” sessions for those on their first visa to ILR journey with our specialist Immigration Solicitors. These sessions provide an opportunity for a checkup to review progress and address any issues.
If you are already partway through meeting the residence requirement, our Immigration Lawyers can assist you with your next visa extension application and help ensure that you are on track with the current ILR requirements and on board with the potential ILR reforms.
Contact OTS Solicitors for visa advice or help with making a settlement application.
Contact us by phone or complete our online form to schedule an appointment at our London offices or arrange a phone or online consultation.
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