The Labour government plans to raise the standard qualifying period for ILR (Indefinite Leave to Remain) from 5 to 10 years under a new Earned Settlement model, though the final rules and transitional arrangements have not yet been confirmed.
In short
- The standard qualifying period for ILR is being raised from 5 to 10 years under the Earned Settlement model.
- High earners and Global Talent visa holders could qualify for ILR in as little as 3 years.
- For refugees, the base ILR waiting period will be 20 years instead of the standard 10.
- From March 2027, under the current proposals, ILR may require English at B2 level instead of B1.
- The government is discussing retrospective application of the new rules to people already on the 5-year route.
What’s changing: from 5 years to the Earned Settlement model
Earned Settlement is the model the Labour government is proposing to replace the current route to permanent status. Under this model, the standard qualifying period is being raised from 5 to 10 years.
Under the old system, the right to permanent status kicked in after a fixed period — 5 years of residence in the country. Under the new model, that period alone stops being sufficient grounds on its own: eligibility for permanent status will depend on a combination of factors rather than years lived in the country alone.
Beyond the time period, assessments will also weigh an applicant’s conduct record, level of integration, and contribution to the country. Separately, the government is discussing retrospective application of the new rules — meaning the changes could also apply to people already on the current 5-year route.
A fixed 5-year period stops being sufficient grounds for permanent residence on its own. The new Earned Settlement model raises the standard period to 10 years and factors in an applicant’s conduct, integration, and contribution — not just time spent in the country.
Who can get ILR faster than 10 years
The 10-year period isn’t a single figure for everyone: the Earned Settlement model differentiates it by applicant category.
- High earners and Global Talent visa holders — those with a high income level could potentially qualify for permanent status in as little as 3 years. This is exactly why the model is called “Earned Settlement”: the greater an applicant’s contribution, the shorter the qualifying period.
- Refugees — for this category, the base period is set at 20 years, considerably longer than the standard 10.
- Refugees assessed on contribution — even within this group, the period isn’t fixed: the final decision will depend on an applicant’s individual circumstances and could come out below 20 years. The final outcome will depend on specific cases, the finalised policy, and transitional arrangements.
This is exactly why the model is called “Earned Settlement”: the greater an applicant’s contribution, the shorter the qualifying period.
So the range of periods under the model is wider than simply “10 years instead of 5”: it stretches from 3 years for some categories to 20 years for others, with room between those poles and the standard 10 years for cases with a faster route to status.
How many years of UK residence ILR requires, by category
The waiting period depends on the applicant’s category, not just on the fact of residence in the country
- High earners and Global Talent visa holdersfrom 3 years
- Standard route10 yearsup from the previous 5 years
- Refugees assessed on contributionunder 20 yearsperiod is individual
- Refugees20 yearsbase period
10 years isn’t a universal figure. High earners and Global Talent visa holders could get ILR in 3 years, refugees in 20 years, and for refugees assessed on contribution the period is individual.
ILR waiting periods by applicant category
Table scrolls sideways
| Category | High earners / Global Talent | Standard route | Refugees assessed on contribution | Refugees |
|---|---|---|---|---|
| Base waiting period | from 3 years | 10 years | under 20 years (individual) | 20 years |
| Is income/contribution assessed | yes, key factor | yes, alongside the period | yes | under separate discussion |
| Is the period fixed | no, depends on income | yes, standard | no, depends on circumstances | yes, base level |
Final parameters may change following the consultation and transitional arrangements
The B2 English requirement for ILR
Under the government’s current proposals, from March 2027 obtaining permanent status will require English at B2 level — up from the current B1. The exact date this requirement takes effect hasn’t been officially confirmed yet, so it’s worth checking the Home Office website closer to the time you apply. This is a separate requirement within the Integration and Contribution section, alongside the qualifying period and the assessment of an applicant’s contribution. The requirement remains part of the government’s proposal package and hasn’t been finalised — the final parameters may be adjusted following the consultation.
Anyone whose ILR eligibility date falls in March 2027 or later needs to start preparing now. For this group of applicants, the B1 level that’s sufficient today may not be enough under the current proposals — B2 specifically will be required if the rule is adopted as it currently stands.
If your ILR eligibility date falls in March 2027 or later, the usual B1 level may not be enough — under the current proposals, B2 would be required.
What happens to those already on the 5-year route
Whether people already in the UK will keep access to the old 5-year route is still unclear: transitional provisions haven’t been published. The legislation raising the period to 10 years hasn’t been passed yet, and that affects whether the new requirements will be applied to applications already submitted.
Retrospective application of the rules is under discussion — meaning the new period could be applied even to people already in the country under the current terms. According to available reports, Home Secretary Shabana Mahmoud has spoken about exactly this approach, but there’s no official decision yet. The reason a retrospective option is being considered at all comes down to scale: under the current rules, millions of people could become eligible for ILR by 2030, and the government is looking for a way to limit that flow.
under the current rules, millions of people could become eligible for ILR by 2030, and the government is looking for a way to limit that flow
Transitional provisions haven’t been published yet, and the legislation hasn’t passed. Anyone already on the 5-year route should check the Home Office website regularly — the rules could be applied retrospectively.
Frequently asked questions
What happens to people who already applied for ILR under the current 5-year rules?
It’s still unclear: transitional provisions haven’t been published, and the legislation raising the period hasn’t been passed yet. Retrospective application of the new rules is under discussion, under which the new period could be applied even to people already in the country under the current terms, but there’s no official decision yet.
Why is the government considering retrospective application rather than applying the new rules only to new applicants?
The reason comes down to scale: under the current rules, millions of people could become eligible for ILR by 2030, and the government is looking for a way to limit that flow, which is why extending the new requirements to people already on the existing route is being considered.
Can I take the English exam early, before the B2 requirement takes effect, so it doesn’t apply to me?
The requirement depends not on the date you take the exam but on your ILR eligibility date: if that date falls in March 2027 or later, under the current proposals B2 would be required even if the applicant already passed a B1 exam earlier.
Will previous years of residence count toward the new Earned Settlement model, or does the clock reset?
This point hasn’t been clarified yet: transitional provisions haven’t been published, and the final decision on periods for people already in the country depends on whether retrospective application of the new rules is adopted.
What determines whether a refugee gets ILR sooner than 20 years under the new rules?
The final period for refugees assessed on contribution isn’t fixed and depends on the applicant’s individual circumstances, the finalised policy, and transitional arrangements — it could come out below the base 20 years, but the exact calculation method hasn’t been determined yet.
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