UK ILR rules explained, the move from 5 to 10 years

For most Indian professionals in Britain, indefinite leave to remain (ILR) has been the five-year finish line. After five years on a Skilled Worker visa you could settle, stop paying visa fees and the health surcharge, and later apply for citizenship. The government now wants that line moved to ten years for most people, with shortcuts for high earners and longer waits for some others.

The plan has caused months of worry and a lot of confusing advice. This guide separates what is law today from what is only proposed, and shows how the proposals would work for typical Indian families.

Where things stand (27 Oct 2026)

• Law today: Skilled Workers can still apply for ILR after five years, if they meet the other rules.
• Proposed: a 10-year baseline for most migrants, with reductions (for example five years off for earning £50,270 or more) and additions (for example for claiming benefits).
• Not decided: the final rules, the start date and whether people already in the UK keep the five-year route.
• Confirmed: English at B2 level for settlement applications made on or after 26 March 2027, according to immigration law firms' summaries of the March 2026 rule change.
• Not legal advice. Check GOV.UK or a regulated adviser before you act.

What ILR is and why the date matters

ILR, also called settlement, means you can live in the UK with no time limit, work for anyone, and use public funds you qualify for. It ends the cycle of visa renewals. It is also the usual step before British citizenship, which normally needs a further 12 months with ILR.

The money adds up. A Skilled Worker family of four pays the immigration health surcharge at £1,035 per adult and £776 per child for each year of their visas, plus visa fees at each renewal. Five extra years of that is a large sum, so the settlement date shapes decisions about buying a home, school choices and whether to stay at all.

What the government has proposed

The Home Office set out its "earned settlement" model in a consultation called "A Fairer Pathway to Settlement", open from 20 November 2025 to 12 February 2026. Its core idea is that settlement should be earned through contribution, integration and good conduct rather than granted after a fixed time.

Everyone would need to meet core rules: a clean criminal record, English at B2 level, no debts to the state, and a record of earnings above £12,570 a year for between three and five years (the exact period was put to consultation). The qualifying period would then start at 10 years and move up or down.

Only the single largest reduction and the single largest increase would apply, and an increase would take priority. Global Talent and Innovator Founder holders could cut up to seven years after three years on those routes. The separate 10-year long residence route would end.

What is not decided

The Home Secretary spoke about settlement at the Labour Party conference on 28 September 2026, but that speech did not change the Immigration Rules, according to OTS Solicitors. As of late October 2026, law firms tracking the issue report:

• no draft rules have been laid before Parliament;
• no start date is confirmed (an earlier autumn 2026 target appears to have slipped);
• no transitional protection has been published for people already in the UK, although the government has said it is reviewing more than 200,000 consultation responses.

That last point matters most. The consultation said that without transitional measures, the new model would apply to everyone not yet settled when the rules start. Ministers have since signalled they want a "balanced position", but nothing is in writing.

How it could work for Indian families

These examples use the proposals as published. They are not predictions.

Priya, software engineer in Reading, earns £62,000. She is above £50,270, so if she had earned that for the three years before applying, her qualifying period would be five years, the same as today. Her husband, on a dependant visa and not working, may be assessed on his own record under the proposals, which could mean a longer wait for him.

Arjun, hospital pharmacist in Leicester, earns £38,000. His job is at degree level but below £50,270, so his baseline would be 10 years. A public service reduction could bring it back to five if his role is on the specified list, which has not been published.

Meena, analyst who joined at £42,000 in 2024. She expected ILR in 2029. Under the proposals she would need to pass £50,270 for three years, or wait 10 years, unless transitional rules protect her.

What is already confirmed: B2 English

One change has a date. A Statement of Changes laid on 5 March 2026 (HC 1691) raises the English level for most settlement routes from B1 to B2 for applications made on or after 26 March 2027, according to summaries by several immigration law firms. B2 is upper intermediate. Many Indian graduates will meet it through a degree taught in English, but check which evidence counts on the date you apply. If you plan to rely on a test, book it well before your ILR date.

What you can do now

1. Work out your ILR date under today's rules. Count from your first grant on the route, and check your absences.
2. Keep payslips and P60s for every year. If earnings-based reductions arrive, three years of evidence above £50,270 will matter.
3. Avoid gaps in lawful status. Overstaying would add years under the proposals.
4. Sort your English evidence before March 2027.
5. Don't claim public funds you aren't entitled to. Most visa holders already can't.
6. Watch GOV.UK's Statement of Changes page. Rules usually take effect 21 days after being laid, but that convention isn't guaranteed.

If you are close to five years, apply the day you become eligible. The time your ILR application is received is what counts, not the date you started thinking about it.

For the rules on the main work route, read our Skilled Worker visa guide. Students should also read about the Graduate route falling to 18 months, because time on it doesn't count towards settlement.

Settlement policy is moving, but the law has not caught up with the speeches. Plan with today's rules, keep your evidence tidy, and check again the day the new rules are published.

This article is general information, not legal advice. Check GOV.UK or a regulated immigration adviser before you act. Last checked 27 Oct 2026. Next review: when the Home Office lays the earned settlement rules, or 27 Jan 2027 at the latest.