What are the next steps in the indefinite leave to remain (ILR) reform?

The 2025 UK government immigration white paper, Restoring Control over the Immigration System, introduced significant reforms to how migrants can settle in the UK.

Settlement will no longer be granted automatically after a fixed period. Instead, migrants will need to earn it by demonstrating sustained good conduct, contribution, and integration.

The government’s consultation on earned settlement closed on 12 February 2026 after receiving over 130,000 responses and may well prove to be one of the most substantial reforms to UK immigration law in the last 50 years.  

What happens now? 

The Home Secretary, Shabana Mahmood, gave evidence before the Home Affairs Committee on the 4 February about the consultation, the implementation of the changes, and, perhaps most critically, whether they will apply retrospectively.

Crucially, she reiterated that applications for ILR are assessed under the rules in force at the time of application, not those in place when a person arrived. 

"The basis on which an application for indefinite leave to remain is assessed is based on the rules at the time that you apply," she said. "That has always been the case… it has been tested in court and been upheld in case law since 2009."

On transitional arrangements for those already in the UK, Mahmood acknowledged that certain changes would be significant: "It is inconceivable that literally nobody who is currently here would be affected by any of these changes, and I think we should be up front about that."

It therefore appears that the government intends to proceed with the earned settlement model in principle. However, it has been made clear that the proposals will not affect those who already hold ILR, those with settled or pre-settled status under the EU Settlement Scheme, and those with status under the Windrush scheme. 

Individuals already on their five-year journey to settlement could find themselves subject to the new, longer qualifying periods when the rules come into force, which is expected to start in phases from April 2026. 

As a reminder, the consultation set out that settlement would be framed as something earned through sustained contribution rather than granted automatically after a five-year period, determined against the four main pillars of integration, economic contribution, character and residence compliance. 

It is proposed that there will be a minimum annual earnings threshold in the years preceding settlement with potential to reduce the qualifying period for sustained high earnings, public service or community contribution. 

For employers and individuals currently navigating their way through the UK immigration system, the uncertainty for both sponsors and migrants is palpable. Individuals should act quickly to submit their applications and sponsors should be reviewing their current workforce to identify those who might become eligible for settlement before April 2026. 

Our team of immigration experts is here to guide you through the process and answer your questions. Do not hesitate to contact us.

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