The United Kingdom is preparing to overhaul one of the cornerstones of its immigration system: the right to permanent residence, better known as Indefinite Leave to Remain (ILR).
Traditionally, migrants could apply for indefinite leave after five years of lawful residence in the UK as workers or as spouses/partners. The government has now put forward a radical proposal: a tenyear model that represents a profound shift in approach.
Time spent in the UK alone will no longer suffice. Indefinite leave will have to be “earned”, under the logic of the socalled Earned Settlement.
It will not be enough simply to have lived in the country for a long period; applicants will need to show that they have actively contributed to British society. Cultural integration, good character and economic contribution will become the new benchmarks. This marks a paradigm shift: the focus moves from the length of residence to what has been achieved during that time. Ten years of lawful residence will be the baseline, but the quality of that residence will be decisive.
The proposal rests on four key pillars. The first concerns character and suitability: stricter checks will be carried out on criminal records and debts to public bodies. Anyone with outstanding liabilities to HMRC or the NHS risks having their route to indefinite leave extended.
The second pillar is linguistic and cultural integration: a B2 level of English and passing the Life in the UK Test (in its current or revised form), instead of the present B1 requirement.
The third pillar is economic contribution: the government will check for regular payment of National Insurance contributions, alongside an annual income above £12,570.
Finally, continuous lawful residence remains essential, with absences limited to less than six months in any twelvemonth period.
There are exceptions. Some categories may obtain ILR more quickly: three years for holders of Global Talent visas or those earning over £125,140; five years for workers in essential public services or those earning above £50,270. Volunteering and community engagement may also shorten the route. However, reductions cannot be combined: only the most favourable factor applies.
Conversely, those receiving state benefits or who have breached immigration rules may see the finish line move further away: up to 20 additional years, with a maximum of 30. For refugees, the proposal sets out a 20year route, instead of the current five, unless they switch to qualifying work or study visas. This choice has already drawn criticism from stakeholders and NGOs, concerned about the impact on the most vulnerable.
Similarly, the idea that residence time should be longer for those who have received public funds or benefits follows the same logic.
Under the new rules, permanent residence in the UK will no longer be a right guaranteed simply by time spent in the country, but a goal to be achieved step by step. The government intends to reward those who demonstrate they “deserve” permanent residence, but the concept of merit remains highly contested. The risk is the creation of a multilane system, where speed depends on income and professional qualifications. High earners will be able to accelerate towards ILR, while those working in essential but lowpaid sectors, such as care, support or basic public services, will be confined to the slower lanes, facing much longer waits.
Who will these rules apply to?
It is not yet clear how those already living in the UK and midway through their journey to ILR will be treated. The government has spoken of transitional measures, but without concrete detail. It is possible that the new rules will apply to all those already here who have not yet met the requirements for indefinite leave.
And what about Europeans and their families?
Fortunately, those with presettled status will still be able to apply for settled status after five years. It also appears that those in the UK as spouses or partners of British citizens will continue under the current parameters.
The Earned Settlement marks a historic turning point. For now, we remain in the consultation phase, but if approved, the system is expected to come into force as early as April 2026.
