Here are the updated immigration and ILR rules planned for the UK
UK immigration law keeps changing, and now the Indefinite Leave to Remain (ILR) rules are expected to get a major overhaul in 2026.
This is according to Kasia Janucik of Thaxted Legal, who notes that on 30 September, the Home Secretary announced a proposed new contribution-based settlement model to reduce net migration.
The focus of this announcement is on the required duration of residence in the UK before one can apply for Indefinite Leave to Remain, she said.
“At present, the general rule is that 5 years is required but the new proposal increases it to 10 years. The change is therefore significant. At present, only the general terms of the proposal were announced by the Home Secretary. The specific details are to be disclosed in due course, following some consultations that are planned to start by the end of this year, 2025.”
What to expect
Janucik noted that there was some indication from the UK government that the new Indefinite Leave to Remain (ILR) rules will not be retrospective (i.e. will not apply to those already in the UK), however, at the same time the government indicated that there will be a new slightly different test – more stringent than the current one – applied to those who arrived in the UK from 2021 onwards.
“The Home Secretary indicated that they will attempt to find a separate, faster mechanism to prevent those who arrived after 2021 from securing settlement after five years, though it is expected to be less strict than the planned new ILR system.
“The new wave of increased migration from 2021 onwards is particularly linked to the lowering of skill level for Skilled Worker visas to RQF Level 3 and also inclusion of care workers in the Health and Care visa. Most of the changes allowing the lower skilled workers to the UK have now been removed in the recent changes to the Immigration Rules 22 July 2025.”
Under the new model requirement for a lawful resident in the UK for a minimum of 10 years will be the norm, double the current period.
The purpose given for the change for ILR requirements was to ‘boost integration and reduce pressure on public services, said Janucik.
The Home Secretary states that the government wants to ensure people contribute to the economy and society before being able to settle in the UK.
A person can earn a reduction in the number of years if they meet earnings or integration requirements, while those who have been non-compliant at any point will be required to wait longer, or have their claim refused outright.
The proposed conditions for gaining indefinite leave to remain in the UK include being in work, making a certain level of National Insurance contributions, not taking any benefits payments, learning English to a high standard, having a spotless criminal record, and giving back by, for example, working in your local community.
“The plans will be subject to a consultation, which will be launched by the end of the year and be open to contributions from the public. The consultations are an important part of the process where an impact can be made before the proposed changes to Indefinite Leave to Remain are introduced. The consultations usually involve the Migration Advisor Committee,” said Janucik.
