The 10-Year ILR Qualifying Period Explained

Updated 27 March 202611 min read

What you need to know

The proposed extension of the ILR qualifying period from 5 to 10 years would double the time most migrants need to spend in the UK before gaining permanent residence. This means more years of visa fees, IHS payments, and uncertainty. High performers may still qualify in 5 years through the points system. This guide analyses the proposal in detail.

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What Is Being Proposed

Currently, most people on work or family visas can apply for Indefinite Leave to Remain (ILR) after 5 continuous years in the UK. The 2025 Immigration White Paper proposed changing this to 10 years.

Under the proposed system:

  • Default path: 10 years of continuous lawful residence before qualifying for ILR
  • Accelerated path: 5 years for those who accumulate sufficient points under the new points-based ILR system
  • The 10-year long residence route (which currently allows ILR after 10 years of any lawful residence) would effectively become the standard route

The Financial Impact

The cost of staying in the UK for 10 years instead of 5 is substantial. Here is a rough comparison for a Skilled Worker visa holder:

Current System (5 Years)

  • Initial visa: £719 to £1,500 + IHS (5 years at £1,035 = £5,175)
  • ILR application: £2,885
  • Approximate total: £9,000 to £10,000

Proposed System (10 Years)

  • Initial visa: £719 to £1,500 + IHS (up to 5 years at £1,035)
  • Extension(s): £719 to £1,500 per extension + IHS
  • Total IHS over 10 years: approximately £10,350
  • ILR application: £2,885 (assumed unchanged)
  • Approximate total: £18,000 to £22,000

That is roughly double the cost. For families with dependants, the additional costs are multiplied. A family of four could face an extra £30,000 to £50,000 in fees over the additional 5 years.

For a full breakdown of current costs, see our UK visa fees guide.

Impact on Different Visa Routes

Skilled Worker Visa

Currently, Skilled Worker visa holders qualify for ILR after 5 years. Under the proposed system, only high earners and high performers would maintain the 5-year path. Others would wait 10 years and need additional visa extensions.

Spouse and Partner Visas

The current spouse visa route leads to ILR after 5 years (initial 2.5 years + extension of 2.5 years). If the 10-year rule applies to family visas, spouse visa holders would need at least two additional extensions, significantly increasing costs and uncertainty.

Global Talent and Other Routes

Some visa routes currently offer faster settlement (3 years for Global Talent). Whether these accelerated routes will continue under the new system is unknown.

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Transitional Arrangements

One of the biggest unanswered questions is whether people currently in the UK will be protected by transitional arrangements. Three scenarios are possible:

  1. Full protection. Anyone who was on a visa before the new rules came into force continues under the old 5-year rules. This is the most generous scenario.
  2. Partial protection. People who are within a certain time of qualifying (for example, already 3+ years into their 5-year path) are protected. Others move to the new system.
  3. No protection. The new rules apply to everyone, including those already in the UK. Previous time in the UK counts towards the 10-year requirement but does not grant the 5-year path. This is the least generous scenario.

Until the government publishes the detailed rules and any transitional provisions, we cannot know which approach will be taken. This is a strong argument for applying for ILR now if you are eligible under the current rules.

The Practical Implications

Beyond the financial cost, a 10-year qualifying period has other practical consequences:

  • Longer uncertainty. 10 years is a long time to live without permanent status. Job changes, relationship changes, and life events can all complicate your visa situation.
  • Travel restrictions. Absence limits (typically 180 days per year) continue to apply for the full 10 years. This limits your ability to visit family, work abroad, or deal with emergencies in your home country.
  • No recourse to public funds. If your visa has an NRPF condition, this continues for 10 years instead of 5.
  • Dependant children. Children who arrive as dependants may reach adulthood before their parents settle, creating complex situations.
  • Employer obligations. Employers sponsoring Skilled Workers would need to maintain sponsorship for longer periods.

What You Can Do

  1. Apply for ILR now if eligible. If you have completed 5 years of qualifying residence and meet all current requirements, apply before any changes take effect.
  2. Build your points profile. Even if the 10-year rule applies, the points system may allow you to qualify in 5 years if you accumulate enough points.
  3. Plan financially. Budget for the possibility of additional visa extensions and IHS payments.
  4. Stay informed. Monitor government announcements for consultation dates and implementation timelines.
  5. Get professional advice. If you are unsure how the changes will affect you, consult an immigration solicitor who can assess your specific situation.

Next Steps

The 10-year qualifying period is a proposal, not a done deal. But the direction of travel is clear. Prepare for longer timelines, higher costs, and new requirements.

Related guides:

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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