UK Announces New ILR Rules: 10-Year Settlement Wait and Care Worker Exemptions
The UK government has announced major changes to indefinite leave to remain (ILR), with the standard qualifying period set to increase from five to ten years for most migrants. Home Secretary Shabana Mahmood confirmed the plans in the House of Commons on 2 November 2026. Under the new earned settlement system, the time migrants must spend in the UK before qualifying for settlement will depend on their earnings, employment, immigration history and contribution to the country.
Some workers will still be able to settle after three or five years. The government has also announced protections for certain care workers already in the UK.
For people approaching settlement or concerned about how the changes could affect their visas, Total Law’s immigration lawyers can provide advice based on their circumstances. Contact us at +44 (0) 333 305 9375 for assistance with your UK immigration options.
What Has the UK Government Announced About ILR?
The government intends to replace the standard five-year settlement route with a ten-year qualifying period for most migrants.
Under the announced system, settlement will depend on more than the number of years someone has lived in the UK. Applicants will need to meet certain conditions and demonstrate their contribution through employment, earnings or public service.
The qualifying period will vary depending on the applicant’s circumstances.
| Applicant category | Announced settlement period |
|---|---|
| Most eligible migrants | 10 years |
| Higher earners making over £50,000 annually | 5 years |
| Highest earners making over £125,000 annually | 3 years |
| Certain doctors, nurses and teachers | 5 years |
| Applicants on specified high-talent routes | 3 years |
| Qualifying existing care workers | 5 years |
| People who breach immigration rules | 20 years under the announced framework |
Some groups, including people on certain British-connected routes, Hong Kong British National (Overseas) routes and legacy arrangements such as Windrush, are expected to retain their existing settlement pathways.
These are the government’s announced reforms. The detailed Immigration Rules will determine when they take effect and how individual applications are assessed.
Page Contents
- What Has the UK Government Announced About ILR?
- What Are the New Requirements for Indefinite Leave to Remain?
- Will Care Workers Still Qualify for ILR After Five Years?
- Who Can Qualify for ILR After Three or Five Years?
- Will the New ILR Rules Affect Migrants Already Living in the UK?
- What Happens if Someone Breaches UK Immigration Rules?
- When Will the New UK ILR Rules Take Effect?
- What Should UK Visa Holders Do Now?
- How Can Total Law Help?
- Frequently Asked Questions
What Are the New Requirements for Indefinite Leave to Remain?
The Home Secretary outlined four conditions that applicants must meet under the earned settlement system.
These include:
- Having no disqualifying criminal record
- Demonstrating a high standard of English
- Having no outstanding debts to the British taxpayer
- Having made at least three years of National Insurance contributions
Applicants who satisfy these conditions will then be assessed according to the settlement route available to them.
The government also intends to introduce stricter rules for people who have breached immigration conditions or received certain public benefits.
Under the announcement, applicants who have claimed benefits may need to demonstrate five continuous years without relying on state support before applying for settlement.
Further guidance is needed to establish how the requirements will be assessed, which exemptions will apply and whether different rules will operate across immigration categories.
Will Care Workers Still Qualify for ILR After Five Years?
Some care workers already in the UK will retain their five-year route to settlement.
The Home Secretary confirmed that workers who joined the relevant care route before the government’s Immigration White Paper was published in May 2025 may qualify for transitional arrangements.
To retain the five-year route, affected workers must have complied with their visa conditions, including earning at least £25,000 annually in the social care sector.
This is a change from the government’s earlier proposal, which could have required some care workers to wait 15 years before applying for settlement.
The five-year exception is not a blanket exemption for everyone working in social care. The date a worker joined the route, their employment history and compliance with visa conditions will be important.
"I'm very happy with the standard of training received on the OISC Level 1 course, i passed my exam. Thank you!"
Liam Calvert
Posted 6 years ago
"My application was approved and a huge weight has been lifted from our shoulders this year "
Akeel Lakar
Posted 6 years ago
"We used this service for the spouse visa extension application to assure that all the information was valid and correct."
Nabil Anwar
Posted 6 years ago
What Happens to Care Workers Who Have Not Met Their Visa Conditions?
The government has also announced a second opportunity for certain existing care workers who have not fulfilled their visa conditions.
These workers may be able to apply for another five-year care visa without being tied to their previous employer.
The arrangement is intended to help affected workers find employment with a legitimate care provider, including those whose original sponsors failed to provide the work promised.
The government has said it will provide more time for eligible workers to secure new employment before their existing visas are curtailed.
Those who meet the conditions of the additional visa may then be able to apply for settlement.
The full application requirements and procedures will need to be confirmed in official guidance.
Who Can Qualify for ILR After Three or Five Years?
Although ten years will become the standard qualifying period under the announced policy, some migrants will be able to apply sooner.
Three-Year Settlement Route
The government has announced a three-year route for its highest earners and people entering the UK through specified high-talent immigration schemes.
This includes applicants earning more than £125,000 annually, subject to the relevant requirements.
The final rules will clarify how earnings are assessed and which immigration routes qualify.
Five-Year Settlement Route
A five-year route will remain available to higher earners with annual salaries exceeding £50,000.
The government has also identified certain healthcare and education professionals, including doctors, nurses and teachers, as eligible for settlement after five years.
Separate transitional arrangements will protect qualifying existing care workers and certain public sector employees in healthcare and education.
Applicants will still need to satisfy the relevant immigration and settlement requirements.
Will the New ILR Rules Affect Migrants Already Living in the UK?
The announcement has raised concerns among migrants who entered the UK expecting to qualify for settlement after five years.
Some people have already completed several years of residence and may be approaching the point when they can apply for ILR.
The government has confirmed transitional protections for certain existing care workers and public sector employees. However, these protections do not automatically extend to everyone already living in the UK.
The Home Secretary also indicated that settlement requirements are determined when an application is decided, rather than being permanently fixed when a migrant first arrives.
This makes the forthcoming Immigration Rules and transitional provisions especially important.
Until the relevant changes take effect, migrants should continue to follow the conditions of their existing immigration permission.
Anyone approaching settlement eligibility should check the rules that apply to their circumstances before submitting an application or changing immigration routes.
What Happens if Someone Breaches UK Immigration Rules?
The government has announced longer settlement qualifying periods for people who fail to comply with immigration requirements.
Under the proposed framework, an immigration breach could extend the qualifying period to 20 years.
The Home Secretary also outlined separate arrangements for refugees and people who entered the UK through unauthorised routes.
People arriving through new safe and legal refugee routes would have a five-year pathway to settlement.
Other refugees could face a 20-year qualifying period, increasing to 30 years for those who entered the country unlawfully, including by small boat. Employment or education could reduce the relevant period by ten years under the announced arrangements.
These proposals concern different immigration circumstances and should not be treated as applying to every migrant with a previous immigration issue.
The final rules will need to explain how breaches are assessed and which exceptions are available.
When Will the New UK ILR Rules Take Effect?
The earned settlement reforms were announced on 2 November 2026, but the announcement does not mean every proposed change is already in force.
The government must set out the detailed requirements through the relevant Immigration Rules and supporting guidance.
The commencement dates will determine when applicants become subject to the new qualifying periods and eligibility conditions.
Transitional arrangements will also be important for people who already hold visas or are approaching settlement.
Migrants should check official Home Office guidance before assuming that their existing settlement timetable has changed.
What Should UK Visa Holders Do Now?
People currently living in the UK should review their immigration circumstances and keep track of further government announcements.
The steps worth considering include:
- Checking the expiry date and conditions of their current visa
- Confirming how much qualifying residence they have completed
- Reviewing the settlement requirements for their immigration route
- Keeping employment, earnings and National Insurance records up to date
- Checking whether transitional arrangements could apply
- Seeking legal advice before switching visas or making decisions about settlement
Those who are close to qualifying for ILR may wish to obtain advice about the rules currently in force and how the announced changes could affect their application.
How Can Total Law Help?
The government’s settlement reforms could affect people planning to apply for ILR, extend their visas or remain in the UK with their families.
For someone who has spent several years working towards settlement, a change to the qualifying period could affect employment decisions, family plans and future immigration applications.
Our immigration lawyers can review your circumstances and explain the requirements that apply to your current visa.
We can assist with:
- Assessing your eligibility for indefinite leave to remain
- Reviewing your immigration and employment history
- Explaining how the announced reforms may affect your settlement plans
- Identifying relevant transitional arrangements once confirmed
- Preparing settlement and visa extension applications
- Advising on previous immigration breaches or application refusals
If you are concerned about your eligibility for settlement following the Home Secretary’s announcement, our team can help you understand your options.
Speak to our team online or on +44 (0) 333 305 9375 about your circumstances.
Advice Package
Get clear, expert advice on your visa options, eligibility and application before you commit to applying.
Application Package
Let our immigration lawyers prepare, check and manage your application so you can apply with confidence.
Fast Track Package
Need to apply quickly? Get priority handling by our immigration lawyers from preparation to submission.
Appeal Package
Been refused or received an unfavourable decision? Get expert legal help to challenge it or determine your next step.
The Advice Package
During this Advice Session, an immigration lawyer will assess your circumstances, explain your options and tell you what you need to do to make a strong application.
We review your circumstances, explain the relevant requirements, identify potential problems or refusal risks, and advise you on the evidence and next steps.
The Application Package
With our Application Package, your dedicated immigration lawyer will assess your case, prepare your application, check your supporting documents and submit your forms on your behalf.
We check your application for missing information, inconsistencies and potential issues before submission, helping you avoid common mistakes that could affect your case.
The Fast Track Package
Our Fast-Track Application Package gives your case priority with our immigration lawyers, helping you get your application prepared, checked and submitted as quickly as possible.
Your case receives priority handling, including accelerated document reviews, application preparation, communication with your caseworker and submission support.
The Appeal Package
Our immigration lawyers will review the decision, explain why it was refused and advise on the strongest option available to you, including an appeal, review or fresh application where appropriate.
We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
Yes. The government has announced plans to increase the standard qualifying period from five to ten years for most migrants.
Some applicants will retain shorter pathways, including qualifying care workers, higher earners and certain healthcare and education professionals. The changes will take effect in accordance with the relevant Immigration Rules.
Qualifying care workers who joined the relevant route before May 2025 may retain the five-year settlement pathway if they have complied with their visa conditions, including the announced £25,000 annual earnings requirement.
Other existing care workers may qualify for an additional five-year visa under the proposed transitional arrangements.
The government has confirmed transitional protections for some existing workers, but the full position for other visa holders will depend on the detailed Immigration Rules.
People already in the UK should check whether the changes apply to their immigration route and whether any transitional provisions are available.
The government has announced a three-year settlement pathway for certain high earners and applicants on specified high-talent immigration routes.
The final requirements will determine who qualifies and how the relevant conditions are assessed.
