ILR Changing to 10 Years: 2026 White Paper
What you need to know
- •The proposal would extend ILR from 5 years to 10 years for most work-based routes.
- •As of March 2026, the change has not been implemented. Current rules still apply.
- •A points-based settlement system could allow faster ILR for higher earners.
- •The Spouse route is expected to retain a shorter qualifying period.
- •If you currently qualify for ILR under the 5-year rule, consider applying before any change.
The 2025 White Paper proposed extending the ILR qualifying period from 5 to 10 years for most routes, with a points-based system that could allow faster settlement for higher-earning or higher-contributing applicants. As of March 2026, the proposal has not been implemented in the Immigration Rules. If you currently qualify for ILR, applying before any change takes effect is advisable.
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What the White Paper Proposed
The 2025 Immigration White Paper set out the government's plan to reform the UK immigration system. Among the most significant proposals was extending the qualifying period for Indefinite Leave to Remain from 5 years to 10 years for most routes.
The key elements of the proposal:
- Standard qualifying period of 10 years: Most work-based visa holders would need to spend 10 years in the UK before becoming eligible for ILR, double the current requirement.
- Points-based acceleration: A new points system could allow some applicants to qualify faster than 10 years. Points would be earned through higher salary, tax contributions, community involvement, English language proficiency, and other factors.
- Higher English requirement: The English language requirement for ILR would increase from B1 to B2 (upper-intermediate).
- Spouse route preserved: The White Paper indicated that family routes (Spouse, Partner) would retain a shorter qualifying period, though the exact length was not specified.
Current Status (March 2026)
As of March 2026, the 10-year ILR proposal has not been implemented in the Immigration Rules. The current rules still require 5 years of continuous residence for most routes. The government has stated its intention to bring the changes into effect, but no Statement of Changes to the Immigration Rules has been laid before Parliament to enact this specific change.
This means:
- If you currently qualify for ILR under the 5-year rule, you can apply now under the existing rules
- If you are accumulating time toward ILR, the current 5-year rule still applies
- The rules could change at any time through a Statement of Changes, so the situation may evolve
We will update this guide when there are developments. Check GOV.UK Statements of Changes for the latest rule changes.
Who Would Be Affected?
If implemented as proposed, the change would primarily affect:
- Skilled Worker visa holders: Currently eligible for ILR after 5 years. Under the proposal, the standard qualifying period would be 10 years.
- Scale-Up visa holders: Currently 5 years, would become 10 years.
- Global Talent visa holders: Currently 3 or 5 years. The impact on this route is unclear, as the White Paper did not specifically address it.
- Future applicants: Anyone applying for a work-based visa after the change takes effect.
Routes that are expected to be less affected:
- Spouse and family routes: Expected to retain a shorter qualifying period, possibly 5 years as currently.
- Ancestry route: The White Paper did not specifically address this route.
- People who already have ILR: If you already hold ILR, the change does not affect you. ILR cannot be taken away because the qualifying rules changed after it was granted.
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The Proposed Points-Based Settlement System
The White Paper proposed that while the standard period would be 10 years, applicants who earn enough "settlement points" could qualify faster. Points would potentially be awarded for:
- Higher salary (above the minimum threshold)
- Higher tax contributions
- Higher English language proficiency (above the minimum B2)
- Community contributions (volunteering, civic participation)
- Working in shortage occupations or strategically important sectors
The exact points thresholds and the minimum number of years that points could reduce the qualifying period to have not been published. It is expected that even with maximum points, there would be a minimum qualifying period (possibly 5 years), meaning the change primarily extends the timeline for average earners.
What You Should Do Now
If You Currently Qualify for ILR
If you have completed 5 years of continuous residence and meet all ILR requirements, consider applying now rather than waiting. Once ILR is granted, it is yours regardless of future rule changes. There is no advantage to waiting if you are already eligible.
If You Are Close to Qualifying
If you are 1-2 years away from the 5-year mark, monitor the situation closely. Any rule change would need to be published as a Statement of Changes to the Immigration Rules and would typically have an implementation date in the future. This usually provides some notice period.
If You Are Early in Your Qualifying Period
If you recently arrived in the UK on a qualifying visa, the change may affect you directly. Consider:
- Building the strongest possible profile (higher salary, English proficiency, community involvement) to benefit from any points-based acceleration
- Keeping careful records of your residence, employment, and contributions
- Staying informed about rule changes through GOV.UK and reliable immigration news sources
- Seeking legal advice about your specific situation
If You Are Planning to Come to the UK
If you are considering applying for a UK work visa with the intention of eventually settling, factor in the possibility of a 10-year qualifying period. This significantly changes the financial and personal commitment required.
Transitional Arrangements
The White Paper acknowledged the need for transitional arrangements but did not specify what they would look like. Possible approaches include:
- Grandfathering: People already on qualifying routes would continue under the 5-year rule, with the 10-year rule only applying to new visa grants.
- Phased transition: The qualifying period could be gradually increased (e.g., 6 years, then 7, then 8) rather than jumping to 10 immediately.
- Cut-off date: A specific date after which all new applicants are subject to the 10-year rule.
Until transitional arrangements are published, uncertainty remains. This is another reason to apply for ILR as soon as you qualify, rather than waiting.
Broader Context
The proposed 10-year change is part of a broader shift in UK immigration policy aimed at reducing net migration and making permanent settlement in the UK harder to achieve. For a full analysis of the White Paper, see our 2025 White Paper guide.
If the 10-year rule is implemented, it would make the UK's path to permanent residence one of the longest among comparable countries. For context:
- Canada: 3 years (for permanent residents applying for citizenship)
- Australia: 4 years (for permanent residence to citizenship)
- Germany: 5 years (for permanent residence)
- USA: 5 years (for green card holders applying for citizenship)
This comparison has been cited by critics of the proposal as potentially damaging to the UK's ability to attract international talent.
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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