• May 13, 2025

Proposed Immigration Changes to Extend Residency Requirement for ILR and Citizenship to 10 Years

Proposed Immigration Changes to Extend Residency Requirement for ILR and Citizenship to 10 Years

LONDON May 13: The UK Government has published a comprehensive White Paper titled “Restoring Control Over the Immigration System” on 12th May 2025, outlining reforms that will significantly reshape the country’s immigration rules. (At present this is not a legislation nor a Statement of Changes to the current immigration rules. It is effectively proposed plans and may still change).

The UK Government has proposed plans to raise the minimum residency requirement for immigrants seeking Indefinite Leave to Remain (ILR) or British citizenship from five years to ten years. Under the plan, settlement would no longer be automatic after five years. However, a revised Points-Based System would allow those making “Points-Based contributions to the UK economy and society” to qualify earlier.

End of Automatic Right to Settle
Under the proposed changes, all migrants will be required to spend a full ten years living in the UK before becoming eligible to apply for ILR — commonly referred to as “settlement.” ILR provides individuals with the right to live, work, and study in the UK indefinitely, as well as access to certain public benefits. It is also the gateway to British citizenship.

The new framework will eliminate automatic pathways to permanent residency and citizenship after 5 years. This will apply to all migrants, including those from countries with high numbers of residents in the UK such as India, unless they can clearly demonstrate a “real and lasting contribution to the UK economy or society.”

Pathways for High-Contributing Migrants
While the default waiting period will be extended to ten years, the Government has indicated that there will be expedited routes for migrants who make exceptional contributions. Individuals working in high-skill, high-value roles — such as nurses, doctors, engineers, and artificial intelligence specialists — may be eligible to apply for ILR earlier, subject to criteria that demonstrate their impact on the UK’s economic and societal well-being. A government spokesperson emphasized that this reform aims to ensure the UK immigration system rewards “high-skilled and high-contributing” individuals while tightening control over abuse of the system. “Backdoor routes to settlement will be closed,” the Government said in a statement, adding that enforcement efforts will be stepped up to support the new policy framework.

Consultation and Implementation
The Government will undertake a formal consultation process before finalizing the timeline for implementation. This consultation will also determine whether the new rules will apply retrospectively to individuals already in the UK, or only to new arrivals.

A revised Points-Based System is being worked out that would allow those making “Points-Based contributions to the UK economy and society” to qualify earlier. This is not finalised yet.

Summary Of Key Reforms for ILR and Settlement Proposed
The standard period of residence required for settlement will be increased from the current norm to ten years.
Shortened Settlement Pathways for Specific Groups
A five-year pathway will remain for non-UK dependants of British citizens, contingent on compliance with immigration requirements.
Vulnerable individuals, such as victims of domestic abuse, will continue to be protected under existing settlement provisions.

Points-Based Acceleration
Individuals will be able to reduce the qualifying period for settlement by accumulating points through demonstrable contributions to the UK economy and society.
A consultation on the specifics of these changes is planned for later this year.

Immediate and Short-Term Changes
New Bereaved Parent Route: Immediate settlement will be granted to individuals in the UK as parents of a British or settled child who has died.
Support for Children Without Status: Provisions will be introduced to help children who turn 18 and lack immigration status to regularise their situation.
This includes a defined settlement path for children in care and care leavers.

Alignment with Citizenship Reform
As part of the broader immigration reform agenda, changes to British citizenship will align with the Earned Settlement model. This includes:
Increasing the qualifying period for citizenship.
Introducing a points-based approach to allow earlier eligibility based on contributions.
Revising the Life in the UK Test to better reflect integration goals.
Reducing financial barriers for young adults who grew up in the UK to access British nationality.

The Government will undertake a formal consultation process before finalizing the timeline for implementation. This consultation will also determine whether the new rules will apply retrospectively to individuals already in the UK, or only to new arrivals.

What Is Earned Settlement
Settlement in the UK is a foundational step toward British citizenship and provides individuals with long-term security and rights. It plays a critical role in enabling individuals to integrate fully and contribute meaningfully to both local communities and the wider nation. The UK has long upheld the principle that settlement is a privilege, not an automatic right. Presently, eligibility for settlement is largely based on the duration of residence and completion of the Life in the UK Test, which assesses understanding of British customs, history, laws, and governance. However, these criteria do not sufficiently reflect the government’s core belief that settlement should be earned through active economic and social contributions. The existing model has limitations in promoting integration and fails to ensure the full benefits of long-term migration are realized, while also placing pressure on public services. To address these shortcomings, the government will reform the settlement process by expanding the principles of the Points-Based Immigration System. Under the proposed Earned Settlement model, applicants will need to demonstrate a sustained contribution to the UK in order to qualify for settlement. The Earned Settlement model marks a significant evolution in the UK’s immigration policy. By placing greater emphasis on contribution and integration, the reformed system aims to create a more sustainable, fair, and beneficial pathway to settlement and citizenship.

The Government will undertake a formal consultation process before finalizing the timeline for implementation. This consultation will also determine whether the new rules will apply retrospectively to individuals already in the UK, or only to new arrivals.

A petition has been started titled Protect Legal Migrants: Oppose 10-Year ILR Proposal and Exempt Existing Residents

We, the undersigned, call on the UK Government and the Labour leadership to withdraw the proposed extension of the Indefinite Leave to Remain (ILR) qualifying period from 5 years to 10 years, and to guarantee that immigrants already legally residing in the UK will continue to be eligible for visa extensions and settlement under the rules in place when they entered. This proposal would unfairly impact thousands of migrants who have followed UK immigration rules, paid taxes, supported public services, and built their lives in Britain. This includes:

Health and Care Worker visa holders
Skilled Worker visa holders (including NHS staff)
Family and spouse visa holders
Graduate visa holders progressing to work routes
Dependants of British citizens or settled persons
Other legal migrants contributing to UK society

These individuals form the backbone of many essential services and have made long-term life decisions—financial, familial, and professional—based on the current 5-year settlement framework.
They make vital contributions to the country—especially in the care sector, where chronic staffing shortages make their work essential to the wellbeing of vulnerable people.
Many have committed to the UK in good faith, planning their futures on the 5-year path to ILR that is now under threat.
To retroactively change the settlement timeline or restrict visa renewals would be unjust and damaging. It would:
Cause insecurity and distress for legal residents and their families
Undermine workforce stability in critical sectors like health and social care
Increase financial and administrative burdens through extended visa fees and surcharges
Erode trust in the fairness and consistency of the UK’s immigration system

We therefore urge the UK Government to:
1. Withdraw the proposal to increase the ILR qualifying period from 5 to 10 years
2. Guarantee that all legal migrants currently in the UK—including those on Health and Care Worker visas—remain eligible for visa extensions and settlement under the existing rules
3. Prioritise tackling illegal migration, not penalising law-abiding individuals who support the UK economy, care for its people, and uphold its values

Legal migration must be protected—not discouraged.
Those who follow the law and serve British society deserve certainty, dignity, and fairness—not longer wait times or broken promises.