UK Settlement (ILR): What’s Really Changed in 2026

Cosmos Immigration
UK Settlement (ILR): What’s Really Changed in 2026

If you have seen the headline “UK settlement to require 10 years, not 5” while counting down to your fifth year on a Skilled Worker visa, hold off on booking that Life in the UK Test for a moment. Some of what you have read is already in the Immigration Rules, and some of it is still sitting in a government consultation inbox. Here is where things genuinely stand as at September 2026.

At a glance

  • The 5-year qualifying period for indefinite leave to remain (ILR) on the Skilled Worker route is still the current, in-force rule.
  • A proposal to raise this to 10 years for most applicants (“Earned Settlement”) has been consulted on, but has not been made law.
  • The consultation closed on 12 February 2026 after more than 200,000 responses; the government says it is still considering them.
  • The one confirmed, dated change is a higher English language standard for settlement, which does not take effect until 26 March 2027.
  • The ILR fee is £3,226 per applicant, and the Immigration Health Surcharge is not payable on a settlement application.

What ILR actually requires today

Under the live Immigration Rules, a Skilled Worker (or Health and Care Worker, T2, or Tier 2) visa holder must have lived and worked in the UK for 5 years, and continue to meet salary requirements, to qualify for ILR. That 5-year figure has not changed to 10 years. A Skilled Worker visa itself can run for up to 5 years before an extension is needed, and it is after those 5 years that an eligible holder can apply to settle.

You can apply for ILR as early as 28 days before you complete your 5 years — applying earlier than that risks refusal. Your current visa must not expire before you apply; if it is close to running out, you renew it first.

Salary rules run right through to the ILR decision, not just at the start. Generally you need to be earning at least £31,300 a year, or £25,000 a year if your job is on the Immigration Salary List (or was, when you were first sponsored on it), or the “lower going rate” for your occupation — whichever applies to your case. Sportsperson and minister of religion sub-routes have different, higher thresholds, and there are transitional rules for anyone sponsored before 4 April 2024. Your employer also needs to confirm, in writing, that your job is still needed — both to qualify for ILR and after you receive it.

Applicants aged 18 to 64 must also book and pass the Life in the UK Test. On the current rule, you do not need to prove your English separately at ILR stage, because you already proved it when you applied for your visa — though that is about to change (see below).

The ILR application fee is £3,226 per person. There is no biometrics fee, and standard decisions usually arrive within 6 months of your biometrics being taken. Optional priority services cost an extra £500 (5 working days) or £1,000 (super priority). Unlike a work visa application, you do not pay the Immigration Health Surcharge when applying to settle permanently — the surcharge applies to limited, temporary leave, not to ILR.

Where the “10-year rule” headlines come from

In November 2025 the government opened a public consultation called “A Fairer Pathway to Settlement,” setting out its “Earned Settlement” reform plans. The proposal would raise the standard qualifying period for ILR from 5 years to 10 for most migrants, 15 years for roles below RQF level 6 (most jobs that do not require a degree), and longer still for some other categories. It also proposed reductions for some groups: a 5-year reduction for people who spend 3 years earning above the higher-rate tax threshold of £50,270, a 7-year reduction for 3 years above the additional-rate threshold of £125,140, a period as short as 3 years for Global Talent and Innovator Founder visa holders and entrepreneurs, and 5 years for frontline public service workers such as doctors, teachers and nurses.

None of that is in force. The consultation closed at 11:59pm on 12 February 2026, and the government confirmed it received more than 200,000 responses. Its own news story on 5 March 2026 says those responses “are being considered carefully before further reforms are brought forward” — language that describes a policy still under review, not a rule that has been made. A later Statement of Changes to the Immigration Rules, HC 259, took effect on 3 August 2026 and amended several parts of the rules, but its own list of changes makes no reference to the 5-to-10-year qualifying period. The official gov.uk collection of 2026 Statements of Changes lists only two documents — HC 1691 and HC 259 — and neither implements the 10-year change. In a speech on 5 March 2026, the Home Secretary described the move to 10 years as something that “should” happen “as a norm,” and as an “intention, subject to consultation” — future, conditional wording, not an announcement that it had happened.

Aspect Current rule (in force) Proposed change (not in force)
Standard qualifying period 5 years 10 years (proposed)
Roles below RQF level 6 5 years 15 years (proposed)
High earners No reduction mechanism 5–7 year reduction proposed, tied to 3 years earning above £50,270 or £125,140
Global Talent / Innovator Founder / entrepreneurs 5 years 3 years (proposed)
Frontline public service (doctors, teachers, nurses) 5 years 5 years (proposed — effectively unchanged for this group)
Status as at September 2026 Live gov.uk guidance Consultation closed 12 Feb 2026; government still reviewing responses

The one change that is confirmed: a higher English standard

The one dated, legislated change to come out of the Earned Settlement reforms so far is a higher English language standard for settlement — raised from the current GCSE-equivalent level to an A-Level-equivalent standard across reading, writing, speaking and listening. It was written into the Immigration Rules through Statement of Changes HC 1691 on 5 March 2026. Its commencement, though, is deferred: it does not come into force until 26 March 2027, giving roughly a year’s notice. From that date, it will apply even to people already on a settlement pathway, including Skilled Worker holders — meaning the English requirement will need to be met again at the settlement stage, in addition to whatever was already proven for the work visa itself.

Keep this separate from a different change that is already live: since January 2026, new applicants for most UK work visas have needed to meet a higher, A-Level-equivalent English standard at the point of first applying for the visa. That change affects new visa applications now. The settlement-stage requirement above is the one still on hold until March 2027.

Continuous residence and the 180-day absence rule

Throughout your qualifying period, you must not spend more than 180 days outside the UK in any rolling 12-month period, or your continuous residence clock breaks. Home Office guidance on calculating this period is specific: absences of more than 180 days for employment or economic reasons are not treated as “exceptional” and will not be excused. Discretion for a genuinely compelling reason — supported by evidence such as medical certificates or documented travel disruption — can only be authorised at senior executive officer level, so it is not something to rely on. Time away for pregnancy, maternity, paternity, parental leave, adoption-related leave or illness is counted the same way as any other absence, within the 180-day limit — it is not treated as an automatic exception.

From the UAE: what this means for you

We see the same pattern every few weeks in our Dubai and Abu Dhabi offices: a Skilled Worker visa holder sees a headline about settlement doubling and starts second-guessing plans that are, for now, still valid. If you are on a Skilled Worker, Health and Care Worker, T2 or Tier 2 visa and approaching your fifth year, the current rule is still the one that applies to you — track your 180-day absence limits carefully if your role has you flying between the UAE and the UK, keep payslips and your employer’s confirmation letter ready to show salary and sponsorship continuity, and don’t delay your Life in the UK Test on the assumption the goalposts have already moved. If your settlement stage falls after 26 March 2027, build time into your plan for the new English standard. Before you book anything, it is worth having your documents and timeline checked against the current rules — you can verify your credentials and use our assessment tools as a starting point.

Frequently asked questions

Is the 5-year rule really still in force, or has it quietly changed?

It is still in force. The live gov.uk guidance for the Skilled Worker, Health and Care Worker, T2 and Tier 2 route continues to state a 5-year qualifying period, and no Statement of Changes implementing a 10-year rule has been laid.

Will the English test I already passed be enough for my ILR application?

Under the current rule, yes — you do not need to prove your English again at ILR because you already proved it for your visa. That changes from 26 March 2027, when a higher, A-Level-equivalent standard will need to be met again at the settlement stage, even for people already on a settlement pathway.

What happens if my visa expires before I can apply for ILR?

You should not let it happen. You can apply for ILR up to 28 days before completing your 5 years, and applying earlier than that risks refusal — so if your visa is due to expire before you reach the 5-year mark, renew it first rather than letting it lapse.

What to do next

If you are approaching your ILR date, or trying to work out how the Earned Settlement proposals might eventually affect you, start with a free eligibility assessment. Call us on 04 357 7796, or book a 20-minute review with our Dubai or Abu Dhabi office. We do not promise outcomes on any application — what we can do is check your timeline, salary and sponsorship position against the rules that are actually in force today.

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