In November 2025, the Home Office published A Fairer Pathway to Settlement, announcing a comprehensive reform of the future settlement framework for Skilled Worker migrants. For applicants under the Skilled Worker route, the impact of this reform is structural:
the long-standing rule that allowed settlement (Indefinite Leave to Remain) after five years will be replaced by a standard ten-year qualifying period.
This note sets out the key elements of the new proposals. Please note that the reform remains subject to consultation, and details may be refined following the 12-week consultation period. However, the shift from five years to ten years is already established as the core structural change and therefore has significant indicative value.
1. Core Reform: The New “Five Years → Ten Years” Settlement Era
According to the consultation paper, the Government proposes that:
■ The standard qualifying period for Skilled Worker ILR will increase from 5 years to 10 years.
This means:
- Even if you meet all work-related requirements, you will no longer automatically qualify for ILR after 5 years.
- Settlement will no longer be granted “by passage of time” but must be earned, based on clear measurable criteria.
The Government refers to this model as “Earned Settlement.”
In other words, settlement will no longer be obtained by merely completing a timeframe; rather, applicants must demonstrate contribution to the UK and integration into British society.
2. Who Will Be Affected?
Once the implementation date is formally set:
- Anyone applying under the Skilled Worker route after that date will be subject to the new ILR requirements.
- Those who already hold ILR will not be affected.
For individuals who currently hold a Skilled Worker visa but have not yet obtained ILR, the Government has not yet confirmed whether the new rules will apply retrospectively without exception, or whether transitional measures will be introduced for existing visa holders. This is expected to be clarified following the consultation period.
3. How Can Skilled Worker Migrants Qualify for ILR Under the New Framework?
Under the new model, settlement is no longer determined solely by residence. Instead, four mandatory pillars jointly determine eligibility:
(1) Character
Applicants must satisfy strict suitability requirements, including:
- No criminal convictions
- No breaches of immigration laws
- No NHS debts, tax arrears, or outstanding government debts
Any suitability issue may result in the qualifying period being extended or the ILR application being refused.
(2) Integration
Applicants must demonstrate:
- English language ability at CEFR B2 level or above (covering all four components)
- A pass in the Life in the UK Test
Higher English ability (e.g. CEFR C1) may entitle applicants to a reduction of the qualifying period (see section 4).
(3) Economic Contribution
For the first time, “economic contribution” becomes a core ILR criterion. This includes:
- Having genuine annual earnings that meet tax thresholds
- Higher income may earn accelerated reductions
Income-based reductions:
| Annual taxable income | Reduction | Resulting ILR period |
| ≥ £50,270 | −5 years | 10 – 5 = 5 years |
| ≥ £125,140 | −7 years | Eligible for ILR after 3 years |
(4) Residence
Applicants must show:
- Continuous lawful residence
- Absences within limits (not more than 180 days in any 12-month period)
- Time spent must be on routes leading to settlement
Residence alone will no longer be sufficient to obtain ILR.
A Skilled Worker migrant who stays 10 years but does not meet the contribution requirements will not automatically qualify for settlement.
4. Circumstances in Which the Qualifying Period Can Be Shortened
Applicants may reduce the 10-year period if they meet the following attributes:
| Circumstance | Reduction |
| English at C1 level | −1 year |
| Earnings ≥ £50,270 for 3 years | −5 years |
| Earnings ≥ £125,140 for 3 years | −7 years |
| Working in specified public service roles for 5 years (e.g., healthcare, teaching) | −5 years |
| Community/voluntary work | −3 to −5 years |
5. Circumstances That Trigger an Extension of the Qualifying Period
The new system introduces penalty-based extensions:
| Circumstance | Extension |
| Receipt of public funds for < 12 months | +5 years |
| Receipt of public funds for ≥ 12 months | +10 years |
| Entry on a visitor visa before switching into work routes | Up to +20 years |
| Illegal entry (e.g., small boat) | Up to +20 years |
| Overstaying for ≥ 6 months | Up to +20 years |
For example, a person who lawfully received benefits during COVID-19 may still be subject to extended qualifying periods under these proposals.
6. Which Routes Will Still Qualify for Settlement After 5 Years?
The consultation paper confirms that several categories remain exempt from the 10-year requirement:
Still on 5-year ILR routes:
- Family members of British citizens / settled persons
- Hong Kong BN(O) route
- Key high-skill routes, including:
- Global Talent
- Innovator Founder
→ Some may still qualify after 3 years
7. What Are the Real Thresholds for Skilled Worker ILR Under the New System?
To successfully obtain ILR, Skilled Worker migrants must demonstrate:
- ✔ 10 years of continuous lawful residence (unless reduced)
- ✔ No criminality, overstaying, or government debts
- ✔ English at B2
- ✔ A pass in Life in the UK
- ✔ No access to public funds (unless willing to accept extended years)
- ✔ Sufficient and continuous earnings
8. How Will Dependants Qualify for ILR Under the New Framework?
Under the current system, dependants generally qualify for ILR after 5 years, alongside the main applicant.
However, under the Earned Settlement model:
Dependants’ ILR years will be calculated independently of the main applicant.
This means:
- ✔ A spouse’s qualifying period = determined by their own circumstances
- ✔ A spouse may qualify earlier or later
- ✔ Dependants must independently meet language, contribution and character requirements
⚠ Crucial:
If the main applicant does not qualify for ILR, dependants cannot obtain ILR on their own, even if the dependant individually satisfies all earned-settlement criteria.
Conclusion
The consultation paper outlines major structural reforms. While further details may be adjusted following consultation, the direction of travel is clear:
the Skilled Worker ILR threshold will be far higher and increasingly contribution-based.
If you intend to apply for a Skilled Worker visa or ILR, you are strongly advised to seek legal advice early and plan your immigration pathway in anticipation of these changes.
