Home Secretary Shabana Mahmood has promised to announce the final decision on the new ILR qualifying period the week after 31 October 2026 — until then, the current five-year rule formally stays in place.

In short

  • The current five-year path to ILR for the Skilled Worker visa could rise to 10 years, and to 15 years for low-paid migrants.
  • Healthcare and social care workers earning below a threshold, and those who received benefits for 12 months, could fall under the 15-year rule.
  • Home Secretary Shabana Mahmood promised to announce the plan’s details the week after 31 October.
  • An option under discussion would keep the 5-year period for those already in the UK or applying before March 2027.
  • The notice period for ending someone’s status is currently paused, but the plan is to extend it from 60 days to 6 months.

How Many Years Does ILR Take Right Now

Right now, getting ILR (Indefinite Leave to Remain) requires living in the UK for 5 years. This is the qualifying period for the Skilled Worker visa, which is at the centre of the current debate, but the government’s settlement consultation also covers other categories, including Global Talent, Innovator Founder, and refugees.

The consultation touches not only the Skilled Worker visa but a number of other routes — for example, Global Talent, Innovator Founder, and refugee status. There is no official decision on new qualifying periods at this point — it’s expected to be announced separately.

The New Timelines Under Discussion: 10 or 15 Years

As part of the consultation, the Home Office has proposed replacing the current five-year qualifying period for ILR with a ten-year one — that was the original version of the proposal at the first stage of discussion. For low-paid migrants specifically, the wait could stretch to 15 years.

For low-paid migrants specifically, the wait could stretch to 15 years.

It’s still unclear whether the changes would apply only to the Skilled Worker visa or extend to other categories — that hasn’t been addressed. No decision has been finalised: a range of 5–10 years is being discussed for the general path to ILR, while for high earners there’s a separate option on the table to keep the five-year period.

So several scenarios are on the table at once:

  • the baseline period rising from 5 to 10 years;
  • low-paid migrants, including those working in healthcare, facing up to 15 years;
  • high earners possibly keeping the 5-year period;
  • a compromise period somewhere between 5 and 10 years.

All of this remains proposals, not confirmed rules: the government has not yet announced a final decision.

How the ILR Qualifying Period Could Change

Comparing the current waiting period with the timelines under discussion

  • Baseline ILR period
  • Low-paid migrants, including healthcare
  • High earners
Several scenarios at once

This isn’t a single decision but a range: the baseline period could rise from 5 to 10 years, low-paid migrants could face up to 15, while high earners may keep the 5-year period.

Who the 15-Year Rule Could Hit: Low-Paid Migrants and Healthcare Workers

The low-paid migrants category, for whom a 15-year ILR period is under discussion, primarily covers healthcare and social care workers earning below a certain threshold. The exact salary threshold hasn’t been set yet: an indicative figure has been mentioned, but its final value and the unit it’s measured in haven’t been confirmed. Under the revised version of the rule, most people who previously worked specifically in social care could fall into this bracket.

A separate proposal concerns recipients of welfare benefits: if an applicant received payments for 12 months, their path to ILR could also be stretched to 15 years. These points remain proposals for now, not a settled decision — the final position on timelines has yet to be announced.

Care workers at risk

The 15-year period could apply to healthcare and social care workers earning below a certain threshold, as well as to those who received welfare benefits for 12 months.

When Will the Final Decision on ILR Be Announced

Home Secretary Shabana Mahmood said in a BBC interview on 31 October that she expects to announce the details of the plan the following week.

Home Secretary Shabana Mahmood said in a BBC interview on 31 October that she expects to announce the details of the plan the following week.

Mahmood did not specify what the reduced (or not reduced) ILR waiting period would actually be. The interview only confirmed that the final decision on immigration rules for legal migrants would be presented that same following week.

The issue was originally expected to be settled later. The UK Budget for 2026–27, presented two days before the interview, mentioned that changes to immigration rules, including ILR provisions, would be announced in the spring package — which usually comes out in March or April of the following year.

Diagram of three scenarios for the ILR qualifying period: the current 5 years versus the proposed 10 and 15 years
Scenarios for changing the ILR qualifying period under discussion as of October 2026

Will the Changes Affect People Already in the UK

A key question in the debate is whether there will be a cut-off date separating people already in the country from those arriving later. Among the options discussed (but not officially confirmed) is tying the new rules to 2022: under that scenario, everyone who arrived from that year onward could formally fall under the tougher rules. An alternative option, seen as more likely, is to leave the past alone and set a date in the future instead: the new rules would apply only to those who apply after that date, not to people already in the UK.

Under this scenario, next March is mentioned as a possible reference point, though there’s no official confirmation of that date. For those arriving after that date, the path to ILR could take 10 years, and for low-paid workers, 15 years. For people already in the country, and for those who apply before March 2027, the proposal is to keep the five-year period — as an already-acquired right rather than a new concession. This is still a commentator’s opinion rather than the government’s official position: no decision on the cut-off date has been announced.

Watch the cut-off date

If the new rules are tied to a future date (tentatively March 2027), those already in the UK or applying before then may keep the current five-year period.

Related Changes: Modern Slavery Route and the 60-Day Notice Period

Alongside the ILR timeline review, the government has opened a separate route for workers exploited on the Skilled Worker visa — the so-called Modern Slavery rule. It covers those blackmailed by employers or left unpaid: these workers can bring a claim before an employment tribunal. Modern Slavery status also allows someone to keep their visa status and move toward ILR on their own timeline, independent of the general 5-, 10-, or 15-year rules.

The second change concerns the notice given when someone’s status is ending: migrants whose leave to remain was expiring used to get a 60-day notice period — the government has now paused that practice. Going forward, the plan is not to shorten that period but to extend it — to 6 months.

Timeline showing a tentative March 2027 cut-off date separating existing and new ILR applicants
The proposed cut-off date separating old and new ILR rules under discussion
Notice period is getting longer, not shorter

The 60-day notice period for ending someone’s status is currently paused, but the plan is to extend it to 6 months going forward.

Criticism of the Plan and the Outcome of the ILR Consultation

The Prime Minister has publicly backed Shabana Mahmood’s plan but acknowledged there are objections to it: rights organisations have raised their own concerns. He also said that social care and healthcare workers have significant legal rights, so they shouldn’t be treated that way — a caveat he had already made back when he first took office as Prime Minister.

The sharpest criticism of the plan came from Housing Secretary Angela Rayner: in her words, the decision carries nothing positive and will have negative consequences for society. Rayner pointed out that people had spent years counting on getting ILR after five years, and if that promise is broken, trust in the government and in Britain as a whole will suffer.

in her words, the decision carries nothing positive and will have negative consequences for society

After that, rights groups, trade unions, and business organisations met with the Prime Minister and the Home Secretary. Business groups pushed for sponsor licences and the Skilled Worker visa to stay simple and accessible, and for the five-year period to be left untouched altogether.

Separately, the Prime Minister mentioned the results of the consultation: according to him, around 200,000 submissions came in — essentially, signatures on an online petition. The government has not yet made a final decision on these submissions: by the Prime Minister’s own estimate, it could take longer than originally expected.

Frequently asked questions

What happens if I already applied for ILR before the new rules were announced

For those already in the UK who apply before the proposed cut-off date (March 2027, not officially confirmed), keeping the previous five-year period is under discussion — as an already-acquired right rather than a new concession. But this is still a commentator’s opinion, not a government decision.

Can I find out right now whether I’ll fall under the 10-year or the 15-year rule

No: the government hasn’t made a final decision on the timelines yet, and the salary threshold for the low-paid migrants category hasn’t been set — an indicative figure has been mentioned without a confirmed value or unit. You’ll only be able to know your exact category after the official announcement.

What can I do if my employer is exploiting me on a Skilled Worker visa

A separate route is open for such cases — the Modern Slavery rule: workers blackmailed by employers or left unpaid can bring a claim before an employment tribunal. This status allows someone to keep their visa status and move toward ILR on their own timeline, independent of the general 5-, 10-, or 15-year rules.

What happens if my leave to remain is expiring and I can’t extend my status in time

Previously, a 60-day notice period applied in such cases, but the government has paused that practice. Going forward, the plan is not to shorten the notice period but to extend it — to 6 months.

Will the new timeline affect people who received welfare benefits

Yes, a separate condition is under discussion for this group: if an applicant received welfare payments for 12 months, their path to ILR could be stretched to 15 years. For now this remains a proposal, not a settled decision.

How many submissions did the government receive as part of the ILR consultation

According to the Prime Minister, around 200,000 submissions came in — essentially, signatures on an online petition. The government has not yet made a final decision on these submissions, and by the Prime Minister’s own estimate, it could take longer than originally expected.