Changes to UK Visa and Settlement Rules

The Government’s proposed changes to the immigration rules announced in a White Paper earlier this year hit the headlines recently and in particular, the proposed extension of the qualifying period for settlement. The changes proposed are detailed and extensive and if introduced, will be some of the most significant changes to the system in several decades. The Government has now opened a period of consultation with a view to some of the proposals being introduced next year.

The White Paper

In May 2025, the Government published its White Paper policy document called Restoring Control Over the Immigration System and introduced the idea of “Earned Settlement”, against a background intent to make it harder to move to and 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”.

Amongst other things, there were the following proposed changes:

• Shortening the list of jobs for which employers can sponsor a worker from overseas for a Skilled Worker visa. An initial reduction to the list of jobs eligible for Skilled Worker visa sponsorship took effect on 22 July 2025.
• Ending an existing exemption for social care workers. This came to an end on 22 July 2025.
• Introducing a levy on English universities’ income from international student fees. 
• Making it harder for universities to keep their licence to sponsor student visas. 
• Reducing the standard length of the Graduate visa for international students to stay on and work in the UK, from two years to 18 months. 
• Stricter English language rules. 
• Making it easier for people to come to the UK on certain visas aimed at highly skilled migrants, such as the Global Talent and High Potential routes. There were some changes to this introduced in November 2025.
• Increasing the standard qualifying period for permanent residence (also known as indefinite leave to remain or settlement) from five to 10 years. It was this proposal in particular that hit the headlines recently.

An increase to the immigration skills charge is also due to come into force on 16 December 2025. 

Changes to the standard qualifying period for settlement

The changes proposed would increase the default qualifying period for settlement from five to 10 years. However, the proposed changes also allow for the 10-year period to be reduced if certain criteria are met or increased in certain circumstances:

• The 10-year qualifying may be reduced in certain circumstances such as: meeting the English language requirement level, earning a taxable income of £125,140 (for a 7-year reduction) or £50,270 (for a 5-year reduction) for three years immediately before applying for settlement, employment in a specified public service role for five years or working in the community. The amount of reduction will vary.
• Those who entered via the now-closed social care route between 2022 and 2024 will require 15 years’ residence to become eligible for settlement.
• Individuals with a history of reliance on state benefits, those who have overstayed their visa or entered / remained in the UK illegally, may face a much longer qualifying period for settlement.
• Dependents of British citizens will be subject to a five-year qualifying period. 
• Individuals and family members under the British Nationals (Overseas) visa route from Hong Kong will also continue to qualify for settlement after five years.
• Global Talent or Innovator Founder visa holders will continue to be eligible for settlement after three years, subject to evidence of economic contribution.

Retrospective application

A public consultation (A Fairer Pathway to Settlement) in respect of these changes closed on 12 February 2026. It is currently understood that the new “earned settlement” rules will apply retrospectively to almost everyone in the UK who has not yet obtained Indefinite Leave to Remain (ILR). This means that if you are currently on a 5-year path to settlement but have not secured ILR by the time the new rules are implemented (expected around April 2026), you could be moved to the new 10-year baseline. 

Existing ILR Holders: If you already hold ILR or have equivalent settled status under the EU Settlement Scheme (EUSS), your status will not be affected and will not be revoked.

However, for pending applications, it is expected that applications submitted before the new rules take effect will be decided under the old 5-year criteria.

The A Fairer Pathway to Settlement public consultation specifically sought views on whether there should be “transitional protections” for those already mid-way through their journey or “borderline cases” nearing their 5-year mark. 

Timing for Implementation 

Subject to the above, the Government hopes to start implementing new Immigration Rules from April 2026.

Next steps

We will keep you informed of any updates and developments as they arise. If you need advice in respect of any of the above, please contact our immigration team.

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