Earned Settlement: What Has Changed So Far and When the 10-Year ILR Wait Could Start

Position as at 29 June 2026.

If you are on a five-year route to indefinite leave to remain and you have read about settlement being extended to ten years, the question you most want answered is simple. Have the rules changed, and do they affect me now. The short answer is that the main earned settlement changes are not yet in force. They remain proposals. The rules that apply to your settlement application today are still the current rules.

This post sets out what has actually changed already, what is due to change and when, and where the headline ten-year settlement plan has got to. For a fuller explanation of the proposals themselves, see our companion post on the House of Lords report below.

Can you still apply for ILR after five years?

Yes. If you are on a five-year route and you meet the current requirements, you can still apply for indefinite leave to remain after five years of qualifying residence. The proposed ten-year baseline, the income and English conditions, and the system of reductions and additions have not been written into the Immigration Rules. Until they are, they do not apply to your application.

What has already changed

A number of measures from the 2025 immigration White Paper are already in force. These are separate from the headline settlement timeline, but they matter if you are on a work route.

Date	Change
22 July 2025	Overseas recruitment of care workers from abroad ended
22 July 2025	The list of jobs eligible for Skilled Worker sponsorship was reduced, restricting many medium-skilled roles
November 2025	The Global Talent and High Potential Individual routes were eased slightly
December 2025	The Immigration Skills Charge paid by sponsors increased
8 January 2026	New Skilled Worker, Scale-up and High Potential Individual applicants must have B2 English, up from B1
1 June 2026	Tighter compliance rules took effect for universities sponsoring student visas

What is due to change, and when

Some further changes already have dates, even though the main settlement reform does not.

Date	Change
1 July 2026	A new Global Talent pathway for the design industry
1 January 2027	The Graduate visa is cut to 18 months for new applicants, or 36 months for PhD holders
26 March 2027	A higher standard of English, B2, will be required for indefinite leave to remain on various routes
August 2028	A new levy on international student fees of £925 per student per year

When could the 10-year settlement rule start?

There is no commencement date for the earned settlement changes. The Government consulted on the detail between 20 November 2025 and 12 February 2026, and received more than 200,000 responses. That consultation has closed and the Government has not yet published its response.

The Home Secretary said in March 2026 that the finalised policy would be enacted later in the year, and both she and the Minister for Migration have since pointed to the autumn. Even once the rules are made, they may not take effect straight away. The higher English requirement for settlement is an example. It was written into the Immigration Rules in March 2026 but does not come into force until 26 March 2027. The settlement changes could follow a similar pattern, which would push the practical start date back further.

Will the changes apply to people already in the UK?

The consultation proposed applying the new rules to everyone in the UK who has not yet been granted indefinite leave to remain, so that people due to settle in the coming years would have to meet the new requirements once the rules change. This is one of the most contested parts of the plan, and it is subject to a final decision. The consultation asked for views on whether there should be transitional arrangements to protect some people already here.

Two points are already clear. People with status under the EU Settlement Scheme are outside the scope of the changes. Refugees granted five years of leave on the basis of an asylum claim or further submissions made by 1 March 2026 will keep the ability to apply for settlement after five years under the existing protection route. For most other groups, whether any transitional protection will apply is still to be decided.

Should you apply now?

If you are close to the five-year point on a qualifying route, it is worth understanding where you stand under the current rules now, while they remain in force. For some people, applying before any new rules take effect will be the right course. For others it will not be possible or advisable, and the position depends on your visa route, your residence history and your circumstances. This is a fast-moving area, and the sensible step is to take advice on your own situation rather than wait to see what the final rules say.

Contact us

If you are unsure how the settlement changes could affect your plans, speak to us before you apply. We offer a free initial consultation, fixed fees and direct access to a qualified lawyer who will look at your situation and explain your options clearly. Call 0330 174 4233, email enquiries@bankfieldheath.co.uk, or request a call back through our contact page. This post is general information and not legal advice for any individual case.

Sources

Home Office, Earned settlement consultation (A Fairer Pathway to Settlement, CP 1448), ran 20 November 2025 to 12 February 2026: gov.uk/government/consultations/earned-settlement

House of Commons Library, Changes to UK visa and settlement rules after the 2025 immigration white paper, published 3 June 2026 and updated 13 June 2026: commonslibrary.parliament.uk

Published by Bankfield Heath Solicitors. Current as at 29 June 2026. This is a developing area and should be reviewed when the Government publishes its response to the consultation and when any commencement date for the earned settlement changes is announced.

Earned Settlement: What Has Changed So Far and When the 10-Year ILR Wait Could Start