19 Feb 2026
By David Winnie, Partner, Head of Sports & Immigration, Gilson Gray
The UK Government is consulting on major changes to Indefinite Leave to Remain (ILR), the status that allows non-UK nationals to live permanently in the UK. Currently, most migrants can apply for ILR after five years of lawful residence. Under the proposed “earned settlement” model, the baseline qualifying period could increase to 10 years, with eligibility based on ongoing contribution, integration, and compliance, rather than just the passage of time.
This represents a significant shift in how settlement is granted, with the Government emphasising that ILR will be something migrants must earn through sustained commitment and active participation in the UK economy and society.
Key Proposed Criteria
Who Might Be Affected
What This Means in Practice
If implemented, settlement will no longer be automatic after five years. Migrants will need to demonstrate ongoing economic contribution, integration, and good character to qualify. This could affect planning for long-term residence, career choices, and even family arrangements.
For employers and migrants, the proposed model highlights the importance of tracking work, earnings, English proficiency, and community engagement over the long term. It also underscores the need to stay informed about the consultation outcomes, which will determine the final rules.
Gilson Gray provides tailored immigration advice and can assist with complex queries, helping you navigate the latest rules and proposed changes with confidence.
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