Quick Answer: Home Secretary Shabana Mahmood is preparing major reforms to the UK's indefinite leave to remain (ILR) system, with the Government proposing to increase the standard settlement qualifying period from five years to 10 years for most migrants. However, the final rules have not yet been announced. Mahmood told MPs in September 2026 that the Government would set out its new settlement policy later this year, including any transitional arrangements.

The UK's immigration settlement system is approaching a significant change, but one detail is being missed in many discussions: the 10-year proposal is not the whole reform.

The Government's planned "earned settlement" model would create different routes to permanent residence depending on factors such as economic contribution, conduct, integration and individual circumstances.

That means migrants who currently expect to qualify for indefinite leave to remain after five years are watching not only the proposed new qualifying period, but also the rules that could determine whether they qualify sooner or have to wait longer.

What is Shabana Mahmood's ILR reform?

Indefinite leave to remain, commonly called ILR or settlement, gives a person the right to live permanently in the UK without being subject to immigration restrictions.

Under the current system, many migrants on qualifying routes can apply for settlement after five years, provided they meet the relevant requirements.

The Government's proposed earned settlement model would change that approach.

The November 2025 consultation proposed a 10-year baseline period for most migrants, with the possibility of reducing or extending that period depending on a person's contribution and circumstances.

The Government describes this as a move away from settlement being primarily based on time spent in Britain towards a system in which permanent status is earned through measurable contribution and compliance.

However, the consultation closed on 12 February 2026, and the final version has not yet been published. More than 200,000 responses were received, according to the Government.

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Why September 2026 is important

The latest update came during evidence given by Mahmood to the House of Commons Home Affairs Committee.

MPs asked whether migrants who arrived in 2022 would be affected because many could become eligible for settlement under the existing five-year system from 2027.

Mahmood confirmed that the Government is working on the new model and said transitional arrangements would be considered before the policy is finalised.

This makes the next few months particularly important for migrants who are approaching five years in the UK.

The Government has also said that immigration rules normally applying at the time of an application are relevant to settlement applications. However, exactly how transitional protections will work under the new settlement model remains a policy decision.

In other words, the Government has not yet published a final answer for every person who expected to apply for ILR under the five-year route.

The proposed 10-year rule is more complicated than it sounds

It would be easy to assume that every migrant would simply have to wait 10 years.

That is not what the consultation proposed.

The Government's model is based on a "time adjustment" approach. Ten years would act as the baseline, while certain factors could potentially shorten or lengthen the qualifying period.

The consultation proposed several requirements that would form part of the settlement framework.

These included:

  • A stronger English-language requirement
  • A clean criminal record
  • Evidence of economic contribution
  • No outstanding debts to the state
  • Continued compliance with immigration rules

The proposals also considered reductions for people making significant contributions to the UK, including certain high earners, entrepreneurs and senior public-service workers.

The final requirements could change following the consultation.

English language rules have already changed

One part of the wider settlement reform programme is already moving ahead.

The Government announced in March 2026 that the English-language requirement for most foreign nationals applying for settlement would rise from the previous GCSE-equivalent level to an A-level-equivalent standard.

The change is scheduled to come into effect in March 2027, giving affected migrants a year to prepare.

This is an important distinction.

The English-language change is a separate development that has already been announced, whereas the full earned settlement framework remains under consideration.

For migrants planning their ILR application, treating every proposed reform as though it is already law could therefore create confusion.

Who could be affected?

The reforms could affect a wide range of migrants, particularly people on routes that currently lead to settlement after five years.

The Home Office's consultation estimated that around 1.6 million people could obtain settlement between 2026 and 2030 under the existing system and historical patterns, with a central forecast of approximately 450,000 settlement grants in 2028.

A large share of the expected increase is linked to people who entered the UK during the period of particularly high migration after 2021.

The Home Office expects substantial numbers of future settlement applications from people who arrived through Skilled Worker and Health and Care routes, as well as family and dependant routes.

That explains why the timing of the reform has become such a significant issue.

What about care workers?

Care workers are one of the groups likely to receive particular attention because of the large number of people who entered the UK through Health and Care routes in recent years.

The Home Office estimates that around 462,000 people who arrived through the Health and Care route could receive settlement between 2026 and 2030, based on its central forecast.

The proposed earned settlement framework could therefore have a major practical effect on workers who originally came to Britain expecting a five-year route to settlement.

This is also where transitional arrangements become important.

A person who arrived under rules that indicated a five-year route may be affected differently depending on whether the Government ultimately protects people already part-way through that route.

No final transitional arrangement has yet been confirmed.

Could some migrants still qualify in five years?

Potentially, yes.

The consultation did not propose one identical waiting period for everyone.

Instead, it suggested that the baseline could be adjusted according to contribution.

The Government said certain skilled public-service workers, high earners and people making substantial contributions could potentially receive reductions. The March 2026 announcement specifically said doctors and nurses could potentially settle after five years under the earned settlement model, while some high earners and entrepreneurs could potentially qualify after three years.

These should be understood as proposals rather than guaranteed routes under the final system.

The eventual rules could change after the consultation process and further policy decisions.

What does "earned settlement" actually mean?

The central idea is that simply completing a certain number of years in the UK would no longer be enough for many migrants.

Instead, applicants would have to demonstrate that they have met the Government's conditions for permanent residence.

This could make factors such as employment, income, English language ability, criminality and compliance more important than they are under the existing framework.

The Government's consultation described settlement as a permanent status that should reflect sustained contribution and integration.

For migrants, the practical consequence is that keeping records could become increasingly important.

Employment history, salary information, immigration documents, tax records and evidence of meeting language requirements may all become relevant depending on the final rules.

What happens to people who already have ILR?

The proposed reforms are aimed at the granting of settlement, rather than removing ILR that has already been granted.

The Government's consultation explicitly stated that people who already hold settled status were outside the proposed settlement reforms. It also excluded EU Settlement Scheme settled status and Windrush-related grants from the consultation.

Therefore, someone who already has ILR should not assume that these proposed changes automatically take away their existing status.

The key uncertainty is primarily around people who have not yet received settlement.

The biggest unanswered question: transitional protection

For many migrants, the most important issue is no longer whether the Government wants to introduce a 10-year baseline.

That has already been clearly proposed.

The bigger question is who will be protected from the change.

Mahmood told MPs that several transitional options had been considered, ranging from allowing certain groups to continue under the five-year route to applying longer qualifying periods to other cohorts. She said the Government would announce its approach later in 2026.

This is particularly significant for people who arrived in 2021 or 2022 and are approaching the point at which they expected to apply for settlement.

Until the final rules are published, it would be premature to assume that every person in this group will either receive five-year protection or automatically move to a 10-year route.

What should migrants do now?

People affected by the proposed reforms should keep their immigration documents up to date and check the requirements of their current visa route.

It is also sensible to monitor official Home Office announcements rather than relying solely on social media posts or headlines claiming that "ILR is now 10 years".

The House of Commons Library confirmed in September 2026 that the high-profile changes to the settlement qualifying period had not yet been finalised.

Anyone approaching eligibility should also consider taking regulated immigration advice about their individual circumstances.

What happens next?

The Government has said it will publish the final earned settlement policy later in 2026.

That announcement is expected to clarify the new qualifying periods, contribution requirements and transitional arrangements.

Until then, the safest way to understand the situation is to separate confirmed changes from proposals.

The Government has proposed a 10-year baseline for most migrants and has already announced a higher English-language requirement for settlement from March 2027. But the detailed earned settlement system, including who will benefit from transitional protection and exactly how qualifying periods will be adjusted, remains to be finalised.

For migrants planning their future in the UK, that distinction could be more important than the headline "five years to 10 years" figure.