The UK government has proposed extending the wait for settlement (ILR, indefinite leave to remain) from the current 5 years to 10 years, with the reduction tied to income, English proficiency and other conditions — though the final shape of the reform has not yet been confirmed.
In short
- The baseline wait for ILR may be extended from 5 to 10 years — the reform has not yet been finalised.
- High income, C1-level English and volunteering can shorten the wait to as little as 3 years.
- Receiving benefits, holding refugee status or entering illegally can extend the wait to 15–30 years.
- The reform is planned to apply even to people already living in the UK on existing visas, not only to future migrants.
- Europeans with settled status under the EU Settlement Scheme won’t be affected by the new rules — but their partners on visas fall under the reform.
What’s changing: the wait for ILR could grow from 5 to 10 years
The UK government is planning to change the settlement rule — the period after which a foreign national can obtain indefinite leave to remain (ILR). Right now that period is 5 years: after that, someone can apply for ILR. A consultation document published by the government proposes extending this period to 10 years — the decision has not yet been finalised.
ILR matters beyond itself — it’s also a mandatory condition for obtaining British citizenship. Without indefinite leave to remain, naturalisation is impossible, so doubling the waiting period also pushes back the prospect of a British passport.
The reform was put forward by Home Secretary Shabana Mahmoud, with the stated goal of reducing migration. Besides extending the period from 5 to 10 years, the system is set to be restructured so that simply living in the country is no longer sufficient grounds for settlement: applicants will need to meet a number of additional conditions.
The wait for ILR could be extended from 5 to 10 years, and simply living in the country will no longer be enough on its own — applicants will need to meet additional conditions.
How income, English level and volunteering shorten the wait
The baseline 10-year period isn’t a fixed figure: the reform proposes a system of thresholds where income, English proficiency and community involvement shorten the wait. The minimum period to which the 10 years can be reduced is 3 years.
| Factor | Condition | Wait for settlement |
|---|---|---|
| Income | from £125,140 a year (45% tax rate) | 3 years |
| Income | from £50,270 a year (40% tax rate) | 5 years |
| Income | from £12,571 a year (the personal tax-free allowance) — mandatory for everyone | baseline 10 years (the exact minimum period for this threshold isn’t yet specified in the proposal) |
| English | level B2 and above (replacing the current B1, or A1 for partner visas) | mandatory requirement alongside income |
| English | level C1 | minus 1 year off the baseline period |
| Volunteering, charity work, community activity | regular involvement | minus 3–5 years off the baseline period |
Income is assessed over the 3 years immediately before the ILR application, not over the entire period of residence in the country.
The logic of the system is simple: the higher an applicant’s tax rate, the fewer years they need to live in the country before reaching permanent status. That said, a shorter wait doesn’t cancel the rest of the mandatory settlement conditions — income and language only reduce the number of years, they don’t replace the other requirements. Earning above £12,571 a year is a threshold mandatory for all applicants regardless of the other conditions.
English proficiency is assessed separately from income. Currently, B1 is enough for most categories, and even A1 for partner visas. The new rules raise the bar to B2 as a general requirement, while C1 proficiency gives an extra one-year discount.
Volunteering and charity work operate as a separate reducing factor — a 3 to 5 year cut to the period. At the same time, ten years isn’t the upper limit either: for example, for Skilled Worker route employees in roles below RQF level 6, the proposal sets a period of 15 years.
A high income (from £50,270 or from £125,140 a year), C1-level English and regular volunteering can cut the baseline 10-year period down to as little as 3 years.
How different factors affect the wait for ILR
| Factor | Condition | Wait for ILR |
|---|---|---|
| Income | from £125,140 a year (45% tax rate) | 3 years |
| Income | from £50,270 a year (40% tax rate) | 5 years |
| Income | from £12,571 a year — mandatory for everyone | baseline 10 years |
| English | level B2 and above — mandatory requirement | alongside income |
| English | level C1 | minus 1 year off the baseline |
| Volunteering | regular involvement | minus 3–5 years off the baseline |
Figures are from the government’s consultation document; the final version of the law has not yet been agreed.
Retroactive effect: would the reform apply to people already living in the UK
The most contentious point of the reform is its retroactive effect. The new rules are planned to apply not only to future immigrants but also to those already in the country on existing visas.
The most contentious point of the reform is its retroactive effect.
Example: someone who arrived in the UK 4 years ago could, under the old rules, apply for indefinite leave to remain in just one more year — after the standard 5 years. Under the new rules, they would have to wait a minimum of 6 years from the moment the reform takes effect, because the law applies to everyone already in the country, not only to those arriving after it comes into force.
This is precisely the point splitting the government itself. Home Secretary Shabana Mahmoud is pushing for the strict version of the plan, but some Labour ministers are openly against it. There have even been public disagreements: the energy secretary first said she did not support the changes, then reversed her position the next day and backed all the proposals. The final shape of the law has not yet been agreed.
There have even been public disagreements: the energy secretary first said she did not support the changes, then reversed her position the next day and backed all the proposals.
The rules are planned to apply even to people already living in the UK on visas: the ILR wait would be recalculated under the new rules, even for those who arrived years ago.
Benefits, refugee status and visa overstays: waits of up to 15–30 years
If the baseline period can be shortened, it can also be lengthened — 10 years is not the upper limit of the reform.
If the baseline period can be shortened, it can also be lengthened — 10 years is not the upper limit of the reform.
The periods listed below are part of the same consultation proposal and may change in the final version of the law.
| Applicant’s situation | Wait for settlement |
|---|---|
| Received benefits for 12 months or more | 15 years (+5 on top of the baseline) |
| Received benefits for longer than a year | 20 years (+10 on top of the baseline) |
| Holds refugee status | 20 years |
| Entered illegally (including by small boat) | 30 years |
| Entered on a visitor visa and overstayed | 30 years |
| Stayed under the visa-free regime (6 months) and didn’t leave | 30 years |
The difference between 15 and 20 years depends on how long benefits were received: up to a year is one period, longer than a year is another. For those who breached visa conditions — whether by overstaying a tourist visa or exceeding the six-month visa-free stay — the reform proposes the same period of 30 years before ILR can even be considered.
How long the wait for ILR could stretch
The wait for permanent status depends on the applicant’s circumstances — from 3 to 30 years
- High income (from £125,140/year)3 years
- Income from £50,270/year5 years
- Baseline period10 years
- Skilled Worker below RQF 615 years
- Benefits over a year / refugee status20 years
- Illegal entry or visa overstay30 years
Illegal entry, overstaying a visitor visa or exceeding a visa-free stay — under the proposal, each of these can mean a 30-year wait for ILR.
Europeans with Settlement Scheme status: who the reform won’t touch
The new settlement rules don’t affect Europeans who already hold settled status under the EU Settlement Scheme. This scheme was introduced after Brexit, and the UK committed to preserving the previous conditions for Europeans who were living in the country before it left the EU.
The exception only applies to those who already hold the status. If a European brings family members into the country, or enters themselves not on the basis of their settled status but on a visa route, the new requirements apply to them too. The same goes for partners or family members of a status holder: if they arrived or plan to arrive on other grounds, the reform applies to them just like any other applicant.
The government has promised to announce the final list of measures coming into force — and to what extent — in November.
Frequently asked questions
Do I need to do anything right now if I’m applying for ILR soon
There’s no requirement yet to apply under the new conditions — the final shape of the law hasn’t been agreed, and the government has promised to announce the final list of measures coming into force in November. Until then, it’s the current rules that apply.
What happens if I’ve received benefits for less than 12 months — does that also extend the wait
The material states a specific threshold: the extra wait starts once benefits have been received for 12 months or more (plus 5 years), and grows further if that period exceeds a year (plus 10 years). No separate rule is given for receiving benefits for under 12 months.
Can the income discount and the C1 English discount be combined
The proposed system suggests income and language are separate reducing factors: income sets the baseline period on a scale of thresholds, while C1-level English gives an additional one-year discount off the baseline. There’s no explicit ban on combining them in the material, but the government hasn’t finalised how the combination would work.
What if I’m an EU national without Settlement Scheme status but I’ve lived in the UK a long time
The exception only applies to those who already hold Settlement Scheme status. If a European hasn’t secured that status in advance and enters or remains on a visa basis, the new requirements apply to them in the same way as to any other applicant.
Why are some ministers against the plan if the Home Secretary is pushing it
The disagreement is specifically about the law’s retroactive effect — applying the new periods to people already in the country. Some Labour ministers have openly opposed this approach, and there were even public wavering from the energy secretary on her position, although the income and language questions themselves haven’t drawn the same sharp disputes.
Would the minimum 3-year period also apply to people already living in the country under the old rules
Yes, and this is exactly what’s driving the main dispute over the reform: the new rules are planned to apply not only to future immigrants but also to those already in the country on existing visas, not only to people arriving after the law takes effect.
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