The Government has confirmed that it plans to proceed, in principle, with reforms to Indefinite Leave to Remain based on an earned settlement approach. This position was set out during a Westminster Hall debate on 2 February 2026, which followed two public petitions that triggered parliamentary scrutiny of the proposals.
The Minister for Migration and Citizenship, Mike Tapp, stated that the current settlement framework will not be maintained, pointing to projected settlement numbers between 2026 and 2030 and wider pressures on housing and public services.
At the same time, he confirmed that important aspects of the policy, including transitional arrangements for people already in the UK, remain subject to an ongoing public consultation.
No amendments to the Immigration Rules have yet been made. Existing ILR routes and qualifying periods continue to apply unless and until new rules are laid before Parliament and brought into force.
UK ILR Debate Update
During the Westminster Hall ILR debate, the Minister confirmed that the earned settlement model outlined in the Command Paper A Fairer Pathway to Settlement remains the Government’s preferred direction of travel. The objective is to move away from settlement being based primarily on length of residence and towards an assessment of contribution, integration, compliance with immigration law and English language ability.
The Government has indicated that the standard qualifying period for ILR is expected to increase from five years to ten years for most routes, as part of a broader restructuring of the settlement system rather than a short-term adjustment.
Two groups were confirmed as retaining access to a five-year route through a reduction from the ten-year baseline: partners, parents and children of British citizens, and British National (Overseas) visa holders. These positions were described as settled policy and are not being consulted on.
However, a central issue raised repeatedly by MPs was whether longer settlement periods could apply to people who entered the UK on the understanding that a five-year route to ILR would apply. The Minister confirmed that transitional arrangements remain under consultation and that no commitment has been made on how existing applicants or those part-way through qualifying periods will be treated.
The consultation also invites views on the potential impact of the proposals on lower-income applicants, those affected by the gender pay gap, disabled individuals, people with ongoing tuition costs and those relying on armed forces concessions.
ILR Reforms Ahead
The earned settlement proposals sit within a wider programme of immigration reform that has been developing since 2024. The 2025 Immigration White Paper signalled a move away from automatic progression to settlement and towards greater conditionality around long-term residence.
Under the current proposals, the ten-year period would operate as a baseline rather than a guarantee. Shorter routes may be available where applicants can demonstrate higher levels of contribution or integration, while longer pathways may apply where there has been reliance on public funds or non-compliance with immigration requirements.
Evidence given to parliamentary committees has highlighted concern that contribution may be assessed using narrow indicators, such as salary or formal volunteering, rather than reflecting the realities of work in sectors such as health and social care. These issues remain unresolved and form part of the consultation process.
Next Steps & Expected Timeframes
The earned settlement proposals remain at policy stage and have not yet been implemented through the Immigration Rules. While the Government has confirmed the overall direction, the detailed legal framework, including transitional protections and start dates, has not been finalised.
The public consultation on A Fairer Pathway to Settlement remains open until 12 February 2026. Once it closes, the Home Office is expected to publish a response and, in due course, propose changes to the Immigration Rules. Until new rules are laid and commenced, the existing ILR framework continues to apply.
Implications for Settlement Applicants
Although the rules have not yet changed, the debate confirms that the five-year ILR framework is under active review. Applicants at different stages of the settlement process face different levels of exposure depending on how close they are to qualifying and the route they are on.
Those nearing eligibility may wish to consider whether applying under the current rules is appropriate, while ensuring that any application is fully prepared and evidenced. Applicants earlier in their qualifying period should plan on the basis that settlement requirements and timelines may change, particularly if transitional protections are limited.
In anticipation of an earned settlement model, applicants may wish to ensure that records of lawful residence, employment, tax compliance, English language ability and wider integration are complete and up to date. Routes that do not currently lead to settlement should be reviewed carefully as part of longer-term immigration planning.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
