UK plans to double ILR wait to 10 years from 2026

The Home Office has set out plans to make Indefinite Leave to Remain (ILR) something you earn rather than receive by default after a few years. The standard qualifying period would rise from five to 10 years, with a new test of contribution, English and conduct. Home Secretary Shabana Mahmood told MPs that settlement is “a privilege… that must be earned”. A formal consultation runs until 11:59pm on 12 February 2026; ministers say changes are expected to begin from next April, subject to final decisions.

A quick refresher for your class or common room: ILR (often called “settlement”) lets a person live in the UK permanently, work without visa controls and, usually, apply for British citizenship a year later. Today most routes reach ILR after five years, but that baseline would shift to 10 under the new model.

Who is in scope? The government says the new rules would apply to almost two million people who arrived from 2021, but not to anyone who already holds ILR. Ministers also say they will publish transitional rules, with the intent that anyone yet to reach settlement would come under the new “earned” system once it starts.

What you would need to show is more specific than before. The consultation proposes four non‑negotiables: a clean criminal record; English at B2 (upper‑intermediate) on the CEFR scale; no outstanding government debt (for example NHS or tax debt); and an earnings record above £12,570 a year for a period of three to five years to evidence National Insurance contributions. Ministers describe this as “A‑level standard” English; the technical benchmark in the paper is CEFR B2.

Your time to settlement could go down if you meet higher bars. NHS doctors and nurses would still qualify after five years. People on Global Talent or Innovator Founder visas could reach settlement in three years. The Home Office also floats reductions for higher and additional rate taxpayers, and even for those with degree‑level English or sustained volunteering, though the exact thresholds are under consultation.

For others, the wait could be longer than 10 years. The government proposes a 15‑year baseline for people who came on the post‑Brexit Health and Care route. Those “reliant on benefits” could face a 20‑year wait, and people who are in the UK illegally or who overstayed a visa could face up to 30 years before qualifying for settlement.

Family routes matter to many school and college communities. Partners of British citizens and BN(O) arrivals from Hong Kong would remain on a five‑year route. But partners and adult dependants of migrants are likely to have to “earn” settlement in their own right. Children admitted as dependants under 18 could still settle with their parents, with an age cut‑off to be set. Safeguards for bereaved partners and victims of domestic abuse are retained.

Why is this happening now? The Home Office says net migration added around 2.6 million people to the UK population between 2021 and 2024, and forecasts around 1.6 million grants of settlement in 2026–2030, peaking in 2028. For context and media‑literacy practice, the ONS’s latest revisions put cumulative net migration over 2021–2024 at about 2.55 million, and show a sharp fall in the 2024 annual figure.

Politics class talking point: the Conservatives say Labour is “copying and pasting” proposals they tabled last year. Shadow home secretary Chris Philp told the Commons he supports much of the plan but wants a migration cap and tighter transition rules to avoid loopholes.

Another angle: Reform UK has gone further, proposing to abolish ILR entirely and replace it with renewable five‑year visas, including for many people who already have settlement. This is not government policy, but it shapes the debate you’ll hear in interviews and campaign clips.

Public‑service voices are already warning about real‑world effects. UNISON says longer waits risk increasing exploitation and uncertainty for overseas staff who keep care and school support services running, urging ministers to rethink the 10‑year baseline and protect workers here now.

One last piece of context for your lesson plan: this ILR consultation sits alongside separate asylum changes announced earlier this week, including temporary refugee status with 30‑month reviews and a 20‑year path to permanence. Read them together to understand the full picture.

If you, your students or your colleagues are affected, two practical steps help. First, keep records: payslips, tax and NI evidence, English test certificates and proof of volunteering or community roles. Second, take part in the consultation before 12 February 2026 - real experiences from classrooms, clinics and care homes are valuable evidence.

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