Indefinite Leave to Remain (ILR) in the UK in 2026: Current Rules, Eligibility and the Proposed Earned Settlement Changes
The legal position as of July 2026 is such that the standard ILR qualifying period is still 5 years for most routes under the current law.
The proposed 10-year earned settlement framework has not yet been enacted and current ILR routes remain fully in force. Applications are assessed under the rules in place on the date you apply. This article covers the current rules as well as proposed changes and timing.
Indefinite Leave to Remain, also known as ILR or settlement, is the most significant milestone in the UK immigration journey. It grants you the right to live and work in the UK permanently, without further visa requirements, employer sponsorship and without the time limits that apply to all temporary leave.
Understanding ILR in 2026 requires clarity on two separate points: the rules in force when you submit your application, and the proposed reforms the government has introduced but not yet implemented. Conflating the two is the most common source of confusion and one that can lead to poor decisions at a critical moment in your immigration journey.
ILR Status Advantages
Once ILR has been granted, you are free from immigration control and can remain in the UK indefinitely. You can work for any employer in any role without restriction and you are no longer tied to a sponsoring employer or a specific visa category. Any conditions attached to your previous leave, including restrictions on public funds fall away.
ILR is also the gateway to British citizenship: in most cased you must hold ILR for at least 12 months before applying for naturalisation but some exceptions apply. For example, one of them is if you hold ILR and are married to or in a civil partnership with a British citizen, and have lived in the UK for at least three years, then you can apply for British citizenship immediately after receiving ILR.
Any child born in the UK to at least one parent who holds ILR is automatically a British citizen from birth.
Current ILR Eligibility Requirements
The requirements below reflect the law currently in force and all applications submitted now are assessed against these criteria.
1. Continuous qualifying residence
The standard qualifying period for most work routes, including the Skilled Worker Visa, is five years of continuous lawful residence in the UK. Shorter qualifying periods apply to certain routes: Global Talent Visa holders endorsed as Exceptional Talent can apply after three years; but those endorsed as Exceptional Promise after five.
The qualifying period can begin from the date entry clearance is granted. Most routes require the qualifying period to be spent in the same visa category, and switching from a Skilled Worker Visa to a spouse visa, for example, would restart the five-year clock under the spouse route*.
*Exceptions apply, please get in touch for a specific legal advice on your individual circumstances.
2. Absence limit: the 180-day rule
You must not have spent more than 180 days outside the UK in any rolling 12-month period during your qualifying period. The most common absence calculation error is checking absence per calendar year or per visa period. The Home Office checks every rolling 12-month window. If you were absent for 100 days at the end of one visa and 100 days at the start of the next, you may have breached the limit in the window that spans both.
Only whole days outside the UK are counted, so that the travel days – the day of departure and the day of return are not included, even if you leave at midnight or arrive at dawn.
3. English language
Most ILR applicants must demonstrate English language proficiency at CEFR Level B1 in speaking and listening. This can be met by passing an approved Secure English Language Test, holding a degree taught in English or being a national of a majority English-speaking country.
If you have already demonstrated the English requirement in a previous successful visa application, you can rely on that earlier evidence even if the test was taken more than two years ago, provided you have held continuous leave since and the test provider remains Home Office approved.
English requirement rising to B2 from 26 March 2027
From 26 March 2027, the English language requirement for ILR applications under most work routes rises from B1 to B2. This change was confirmed in the March 2026 Statement of Changes (HC 1691). If you are planning to apply for ILR on or after that date and your current English level is B1, you need to take a B2 level English test before you apply.
4. Life in the UK test
All ILR applicants aged 18 to 64 must pass the Life in the UK test, unless exempt. The test is a 45-minute, 24-question computer-based assessment on the history, culture and values of the UK. The pass mark is 75%. You will get a 'unique reference number' which you will need to complete your ILR application.
Exemptions apply if you are aged 65 or over at the date of application, or if a registered medical practitioner certifies that a long-term physical or mental condition makes it impossible for you to meet the requirement.
5. Suitability requirements
Your application will be refused if you fall for refusal under the general grounds in the Immigration Rules. The most common suitability issues affecting ILR applications include criminal convictions (mandatory refusal applies for sentences of 12 months or more imprisonment, subject to time thresholds), overstaying your leave, false representations in any previous application, breach of your visa conditions, outstanding NHS debts of £500 or more, and use of public funds when prohibited.
The suitability threshold for ILR is stricter than for other immigration applications. A non-custodial sentence received within the 24 months before your application date including cautions, community sentences, and conditional discharges results in mandatory refusal for ILR even where the same sentence would not affect an entry clearance application.
6. ILR application fee and process
The current ILR application fee is £3,226 per person. Applications must be submitted from inside the UK and can be made up to 28 days before the end of your qualifying period. Standard processing takes up to six months, but a Super Priority service typically provides a decision within 48 hours of biometric submission.
Approaching ILR eligibility — or concerned about the proposed changes?
At JV LEGAL we advise on ILR applications under all main routes. If you are eligible now or will be before the new rules take effect apply without delay. Book consultation or call 020 7112 8035 to discuss your individual circumstances.
The Proposed Earned Settlement Reforms
What the proposals say
The government set out its earned settlement proposals in the May 2025 Immigration White Paper and developed them in a Command Paper titled 'A Fairer Pathway to Settlement', published in November 2025. A public consultation ran from November 2025 to 12 February 2026, receiving over 200,000 responses.
The core proposal is to replace the current five-year route to ILR with a 10-year baseline qualifying period for most applicants, adjustable up or down based on individual factors. Settlement would no longer be obtained simply through time spent in the UK but it would depend on a combination of residence, earnings and tax contributions, English language level and compliance history.
Mandatory gateway
Suitability: the applicant must meet suitability requirements (e.g. not have criminal convictions, current litigation, NHS, tax or other government debt). Compliance history such as criminal convictions, immigration breaches and use of public funds would all be assessed and could extend the qualifying period.
Integration: English language proficiency at a specified level, plus the Life in the UK test.
Contribution: sustained earnings above a minimum income threshold (proposed at £12,570 per year) with National Insurance contributions, for a specified period of the qualifying time. The exact duration has not been confirmed.
Proposed adjustments to the qualifying period
Under the proposals, the 10-year baseline could be reduced or extended based on individual circumstances. The list below ‘accelerators’ summarises the proposals but all figures and thresholds remain subject to further enforcement. Only one pillar that offers the largest reductions would be applied to an individual application.
Integration: English under C1 level: -1 year
Contribution: earned a taxable income of £125,140 for 3 years immediately before applying for settlement: -7 years
Contribution: earned a taxable income of £50,270 for 3 years immediately before applying for settlement: -5 years
Contribution: employed in specified public service occupation for 5 years: -5 years
Contribution: worked in the community (e.g. volunteering): from -3 to -5 years
Entry and residence: holds a permission as a parent/partner/child of a British citizen: -5 years not subject to consultation
Entry and residence: holds a permission on a BNO route: -5 years not subject to consultation
Entry and residence: has 3 years permission under Global Talent or Innovator Founder: -7 years
Who would be affected retrospectively
The most consequential and contested aspect of the proposals is whether the new rules would apply to people already in the UK who have not yet received ILR. The government's stated position set out in the consultation document and confirmed by the Home Secretary in March 2026 is that the new rules are intended to apply to those currently in the UK who have not yet received a settled status.
However, the consultation also asked specifically about transitional arrangements and protections for people already part-way through the five-year route. No decision on transitional arrangements has yet been confirmed, so the final shape of any such protections and who would qualify for them is yet to be decided.
Timing and when might the new rules might come into force
The Home Secretary confirmed in March 2026 that implementation is intended for Autumn 2026. However, as of July 2026, no draft Immigration Rules have been published and no commencement date has been formally set. Some immigration practitioners have noted the possibility of implementation slipping to early 2027. Until the Rules are formally laid before Parliament, no change has legal effect.
Can You Lose ILR Once It Has Been Granted?
Yes, ILR can lapse or be revoked in specific circumstances. Absence from the UK of more than two consecutive years can cause ILR to lapse. If this happens, you may need to apply for a Returning Resident Visa from outside the UK, demonstrating strong ties to the UK during your absence and your intention to return permanently.
ILR can also be revoked if it was obtained using false information or if the Home Secretary decides your exclusion from the UK is conducive to the public good, for example, following a serious criminal conviction.
How JV LEGAL Can Help
JV LEGAL is an accredited UK immigration law firm in Marylebone, London, regulated by the Immigration Advice Authority. We advise individuals on ILR applications under all main routes, Skilled Worker, Global Talent, Innovator Founder, family routes.
Given the uncertainty around the proposed earned settlement reforms, individual legal advice is more important than general guidance at this stage. Your position depends on your specific route, your qualifying period, your absence record, your salary history, and your individual circumstances.
Our ILR service includes:
Eligibility assessment — confirming your qualifying period, reviewing your absence record, identifying any suitability issues to address before you apply.
Proposed reforms assessment — advising on how the earned settlement proposals affect your specific situation and what action you should take now.
Absence calculation review — a detailed check of your absence record against the rolling 180-day requirement across your full qualifying period.
Evidence preparation and application submission — preparing your full ILR application with all supporting documentation and submitting to the Home Office on your behalf.
British citizenship advice — advising on naturalisation eligibility once ILR is granted.
See our Indefinite Leave to Remain page for full details.
