'Earned settlement' reforms set to extend qualifying period to 10 year for visa holders

The UK government proposed "earned settlement" reforms, put forward in November 2025, would significantly extend the qualifying for indefinite leave to remain (ILR) for most visa holders, if they meet requirements, potentially to as long as 10 or 15 years.

At present, the qualifying period for settlement is five years for the majority of the routes that lead to settlement, with some alternative routes allowing for a shorter qualifying period of three years. Since the UK government published its white paper, "Restoring control over the immigration system", in May 2025, there has been considerable debate and uncertainty regarding potential changes to ILR.

Proposed changes

Under the proposed earned settlement rules', individuals on qualifying visas would only be eligible for ILR if they meet certain requirements. The default waiting time would be increased from five to 10 years, with a longer baseline of 15 years for Skilled Worker visa holders sponsored in job roles that are below Regulated Qualifications Framework (RQF) level 6, and those who arrived in the UK on the Health and Care visa route in low-wage jobs. Factors such as income and language ability could lengthen or shorten the qualifying period.

The Home Office opened a consultation, which closed early this year, and further guidance is awaited. If introduced, it is likely that the changes would apply to anyone already in the UK and on the path to settlement.

Reduction and addition framework

The government is proposing that people who meet specific criteria would qualify for reductions, with a maximum reduction of seven years. Eligibility for reductions would be dependent on meeting mandatory minimum requirements, regardless of the length of time an individual has held a valid visa with a route to ILR. 

The requirements cover suitability, integration and contribution. Applicants must meet the requirements set out in the new "Part Suitability" section of the Immigration Rules, with no litigation, NHS, tax or other government debt. They need to demonstrate integration by achieving a minimum B2 level in English and passing the Life in the UK test and contribution by having annual earnings above £12,750 for a minimum of three to five years.

Individuals employed in specified public service occupations would qualify for a five-year reduction to their qualifying time if their role were RQF level 6 or above and is paid according to national pay scales. Other reductions include:

• C1 English language level, minus one year.
• Taxable income of £125,140 for three years immediately prior to applying, minus seven years.
• Taxable income of £50,270 for three years immediately prior to applying, minus five years.
• Five years' employment in a specified public service occupation, minus five years.
• Community or voluntary work,  minus three to five years.

Increases to the qualifying period can also apply: receipt of public funds for less than 12 months adds five years; receipt for more than 12 months adds 10 years. Arriving in the UK illegally or on a visit visa can add up to 20 years.

House of Lords concerns

The House of Lords has expressed concern that a qualifying period of 10 years for ILR for individuals on work visa routes would be more restrictive than that of similar routes in comparable high-income countries, and would negatively impact the UK's attractiveness to international talent, with potential consequences for the economy.

The upper chamber has also argued that any retrospective change would be unfair and unlawful towards those who have planned their lives around the current system; a concern that could further reduce the appeal of the UK for highly skilled migrants.

Osborne Clarke comment

At present, there are no set dates for changes to the ILR qualifying period. Employers may consider conducting internal audits to identify employees who are currently on a visa, whether sponsored or unsponsored, and assess how long each individual has until they are eligible to apply for ILR under the current rules. If any employees are eligible within the next two to three months, employers and individuals will want to prepare to submit applications promptly.