New changes to ILR qualifying period to begin in April 2026: Consultation ends on Feb 2026

LONDON Nov 20: Home Secretary Shabana Mahmood has announced the biggest overhaul of legal migration rules in 50 years – with public service workers such as doctors and nurses working in the NHS qualify after five years. However, people who arrived on post-Brexit health and social care visas would have to wait 15 years, up from five year currently as per the consultation document released today. According to government press note, “low-paid workers, such as the 616,000 people and their dependants who came on health and social care visas between 2022 and 2024, would be subject to a 15 year baseline. The route was closed earlier this year following widespread abuse”.

The new rules will not affect those who already have settled status. Transitional arrangements for those already in the UK will be set out following a consultation. However, the intention is that anyone yet to be granted settlement would be subject to the contribution-based model once the new rules are in force.

The Home Secretary claims the new measures – which would massively extend the amount of time before migrants can apply for permanent settlement – will reward people who contribute to the economy and play by the rules. She proposes setting the standard qualifying period for permanent settlement to between 10 and 15 years – up from its current five. This is all subject to the consultation running until February 2026. Home Secretary has told the MPs that the changes to indefinite leave to remain qualifying periods are planned to begin in April 2026.

According to the consultation document, people who earn over £50,270 or work in public sector healthcare and education jobs would still qualify after five years. Volunteering in the community would allow indefinite leave after five to seven years. But those working in medium-skilled jobs would take up to 15 years, and those who secured their visa after illegal entry or overstaying up to 30 years. Others would not qualify at all, including if they have not earned £12,570 for at least three years or have any criminal conviction.

The Consultation asks for views on whether other groups, such as victims of domestic abuse and children who grew up in the UK, should also be exempt.

Under the plans, people who arrive on small boat or who rely on benefits face waiting between 20 and 30 years in order to apply.

Under new rules, migrants will not be granted a permanent right to settle unless they have a clean criminal record, speak English up to A-level standard, have no debt to the government, and have paid National Insurance for at least three years.

People who have claimed benefits for a year or more face a 10 year penalty before they can apply under the measures. But migrants can have years shaved off by volunteering, the proposals state.

Some low-qualified workers who arrived on health and social care visas after Brexit and migrants who had claimed benefits for less than 12 months would have to wait 15 years, she added.

Under the plans, which are now subject to a 12-week consultation and which Mahmood hopes will come into effect April 2026, public service workers such as doctors and nurses could still qualify after five years.

The consultation says “we propose to apply these changes to everyone in the country today who has not already received indefinite leave to remain. This would mean that those who are due to reach settlement in the coming months and years would be subject to the new requirements for earned settlement, as soon as our immigration rules have changed”. The Home Secretary told MPs that the immigration rules will begin to change in April 2026.

This is subject to the final outcome of the consultation, which invites views on whether there should be ‘transitional arrangements’ to exempt some people already in the UK.

Other key proposals include:

Criminality: The Home Secretary has made clear migrants should have a clean criminal record if they wish to settle – work will take place to consider the precise threshold at which this is applied, building on rules announced earlier this year to reduce the deportation threshold

Reductions for contribution:

Immediate family members of UK citizens, and Hong Kong BN(O)s will retain their existing 5 year pathway to settlement

5 year pathway for skilled frontline public service workers

Migrants on Global Talent or Innovator Founder visas for at least three years could only have to wait three years for settlement, a 7 year reduction on the 10 year baseline

Migrants making national insurance contributions will receive settlement after 10 years, but higher and additional rate taxpayers will benefit from reduced periods in recognition of their contribution

Migrants could also receive a discount for integration – this includes speaking English to a high standard and volunteering

The Home Secretary has previously set out her preconditions for gaining settlement, including being in work, having a clean criminal record, speaking English to a high standard and not claiming benefits.

Under the current system, settlement is typically granted with few conditions after 5 years in the UK, which allows access to public funds. This includes those who arrived on economic routes, including Skilled Worker visas, as well as family and humanitarian routes.

Citizenship can be granted a year later but bestows few additional benefits.  Restricting benefits to British citizens only would mean even those granted settlement after meeting the tougher conditions would not automatically be entitled to public funds.

To earn citizenship, migrants first need to pass the Life in the UK test and pay additional fees.

As announced earlier this week in the asylum reforms, recognised refugees who came to the UK legally will now be subject to a 20 year period.

Refugees will still retain their eligibility for public funds, subject to the stricter conditions set out in the asylum statement on Monday.

The Earned Settlement model was unveiled as part of the government’s Immigration White Paper to restore order and control to the immigration system. It will be based upon four core pillars: character, integration, contribution and residence.