---
title: "UK indefinite leave to remain in 2026: current rules and the new earned settlement model"
url: https://immigrantset.com/visas/uk-indefinite-leave-to-remain-earned-settlement/
published: 2026-11-06
updated: 2026-11-06
---

# UK indefinite leave to remain in 2026: current rules and the new earned settlement model

> UK indefinite leave to remain today, the £3,226 fee, and the November 2026 earned settlement model: 3, 5, 10 and 20 year pathways.

- URL: https://immigrantset.com/visas/uk-indefinite-leave-to-remain-earned-settlement/
- Section: Visas & Residency
- Countries: United Kingdom
- Author: Henrik Larsen, International Immigration Lawyer, Corporate Mobility and Immigration Compliance; Nika Kapanadze, Senior Immigration Law Consultant, International Mobility and Residency Strategy
- Published: 2026-11-06
- Last checked: 2026-11-06
- Topics: Indefinite leave to remain, ILR, earned settlement, UK settlement, Life in the UK test
- Cite as: Henrik Larsen and Nika Kapanadze, "UK indefinite leave to remain in 2026: current rules and the new earned settlement model", Immigrantset, November 6, 2026, https://immigrantset.com/visas/uk-indefinite-leave-to-remain-earned-settlement/

**Short answer:** Indefinite leave to remain (ILR) is permanent settlement in the UK. Under the rules in force today, most work and family routes lead to ILR after 5 years, with a £3,226 fee, the Life in the UK test and an English requirement. On 2 November 2026 the Home Office confirmed an earned settlement model that makes 10 years the default, with shorter 3 and 5 year pathways for high earners, public service and British family connections, and a 20 year pathway after breaches. Rule changes are expected to be laid from December 2026 and phased in during 2027.

Indefinite leave to remain, usually called **ILR** or **settlement**, is the status that lets you live, work and study in the UK permanently with no time limit on your stay. It is also the usual step before British citizenship. In November 2026 the UK Government confirmed the biggest change to settlement in decades. This guide explains both what applies today and what is coming, so you can plan with clear eyes.

## What ILR gives you

With ILR you can:

- live in the UK without a time limit;
- work for any employer or be self-employed without sponsorship;
- access public funds and services on the same basis as other settled residents;
- apply for British citizenship, usually 12 months after getting ILR, or immediately if you are married to a British citizen and meet the other requirements.

ILR can lapse if you spend more than **2 continuous years** outside the UK, and it can be revoked in limited circumstances, such as deception or serious criminality.

## The rules in force today

Until new Immigration Rules take effect, settlement applications are decided under the rules that apply on the **date you apply**. Today, the main routes look like this:

| Route | Usual qualifying period today | Notes |
|---|---|---|
| Skilled Worker | 5 years | Must still be employed and paid at least the required salary |
| Partner or spouse of a British citizen or settled person | 5 years | Usually under Appendix FM |
| Global Talent | 3 or 5 years | Depends on the category and endorsement |
| Innovator Founder | 3 years | Subject to endorsement conditions |
| UK Ancestry | 5 years | For Commonwealth citizens with a UK-born grandparent |
| Long residence | 10 years of lawful residence | Expected to close under earned settlement |

### Common requirements today

Most applicants must:

- complete the required continuous residence period, usually without more than **180 days** outside the UK in any 12 month period;
- pass the **Life in the UK test**;
- meet the **English language requirement**, usually CEFR **B1** in speaking and listening today;
- not fall for refusal on suitability grounds, such as certain criminal convictions or immigration breaches;
- meet any route specific conditions, such as the salary rules for Skilled Workers.

### The English requirement is rising in March 2027

The Statement of Changes HC 1691 confirmed that, for applications made from **26 March 2027**, the English requirement for settlement on many routes rises to **B2** in speaking and listening. If you will qualify before that date with B1, applying before it may matter.

## What ILR costs

| Item | Cost | Notes |
|---|---|---|
| ILR application fee | £3,226 per person | Since 8 April 2026 (previously £3,029) |
| Life in the UK test | £50 per attempt | Pass result does not expire |
| Biometric enrolment | £19.20 | Where payable |
| Priority service (optional) | £500 | Faster decision |
| Super priority service (optional) | £1,000 | Next working day decision target |
| English test | Varies by provider | Only if you are not already exempt or have a valid result |

There is **no Immigration Health Surcharge** at the ILR stage, because settled residents can use the NHS without it. Each family member pays their own application fee.

## The earned settlement model confirmed in November 2026

On **2 November 2026**, the Home Secretary published *A Fairer Pathway to Settlement: Government Response to the Consultation* (CP 1707). It follows the November 2025 consultation (CP 1448), which received more than 200,000 responses. The response confirms a new framework in which settlement is earned through contribution, integration and compliance.

### The four pathways

According to published summaries of CP 1707:

| Pathway | Qualifying period | Who it is for |
|---|---|---|
| Exceptional contribution | 3 years | Earnings of £125,141 in at least 3 of the last 4 years, or the highest talent routes such as Global Talent and Innovator Founder |
| Strong contribution or British connection | 5 years | Earnings of £50,271 in at least 3 of the last 5 years; 5 years in an eligible public service occupation; partners, children and parents of British citizens; UK Ancestry |
| Default | 10 years | Earnings of £12,571 in at least 5 of the last 7 years, with no adverse factors |
| Longer pathway | 20 years | Same earnings test as the default, where immigration non-compliance or use of public funds rules out an earlier pathway |

The 15 year baseline originally proposed for medium-skilled workers (RQF levels 3 to 5) has been **dropped**.

### Mandatory criteria on every pathway

The summaries describe these core conditions:

- **Minimum earnings** of £12,571, with limited exceptions.
- **No public funds** accessed in the last 5 years (except on the 20 year pathway).
- **No criminal record:** convictions lead to mandatory refusal, a much stricter approach than before.
- **No outstanding government debt**, including NHS debt, Home Office litigation costs and unpaid tax.
- **English at B2** and a pass in the **Life in the UK test**.

### Family members

- Dependants do not need to qualify independently; partners can settle alongside the main applicant.
- A partner who joins later must complete the full residence period.
- Couples can meet the £12,571 threshold through household earnings of **£25,142**.
- Children under 18 can settle with their parents. Those aged 18 to 24 must show continued dependency and meet some criteria. Those aged 25 and over must qualify in their own right.

### What else changes

- The **long residence route will close**.
- Time spent on temporary routes such as **Student** and **Graduate** will **not count** towards the qualifying period.
- Past breaches, such as overstaying or breaching conditions, may move a person onto the **20 year** pathway.

### When it starts, and who is protected

The Government has said changes will be implemented through new Immigration Rules. Published summaries expect rules to be laid **from December 2026**, with **phased implementation during 2027**. No single commencement date had been confirmed at the time of writing.

Transitional arrangements are described as **very limited** and apply only to narrowly defined groups. The Government's stated position is that the framework will apply to everyone in the UK who does not already hold ILR. People who already hold ILR, and people with settled status under the EU Settlement Scheme, are not affected.

## How to plan if you are on a route to settlement

These steps help regardless of how implementation unfolds.

## Step 1: Work out your current eligibility date

Count your continuous residence from your first grant of leave on a qualifying route. Check every absence. If you will reach eligibility under the current rules soon, preparing early could matter.

## Step 2: Check which earned settlement pathway you may fit

Look honestly at your earnings history over the last 4, 5 and 7 years, and at any period on Student or Graduate visas, any gaps in leave and any use of public funds.

## Step 3: Fix what you can now

- Settle any outstanding NHS charges, tax or other government debts.
- Keep payslips, P60s and tax records, because earnings tests look back several years.
- Make sure your eVisa and UKVI account details are up to date.

## Step 4: Prepare your English and Life in the UK test

Book the Life in the UK test (£50) early; the pass does not expire. If you may apply after 26 March 2027, prepare for **B2**.

## Step 5: Watch for the Statement of Changes

The legal changes will appear in a published Statement of Changes to the Immigration Rules on GOV.UK. That document, not news summaries, sets the exact commencement and transitional rules.

## Step 6: Get advice for complex cases

Anyone with a criminal record, past overstays, gaps in leave or use of public funds should speak to a regulated immigration adviser or solicitor before applying.

## Worked examples under the confirmed framework

These simplified examples show how the pathways described in CP 1707 could apply. They are illustrations, not advice; the final Immigration Rules will decide real cases.

| Person | Situation | Likely pathway under the framework |
|---|---|---|
| Amira, software engineer | Skilled Worker for 4 years, earning £60,000 in each of the last 3 years | 5 year pathway (earnings of £50,271 in 3 of the last 5 years) |
| Daniel, care worker | Health and care route, earning around £26,000, no public funds, no breaches | Default 10 year pathway, unless an eligible public service occupation applies to his role |
| Priya, married to a British citizen | Partner route, living together | 5 year pathway (British connection) |
| Tomás, former student | 3 years as a Student, 2 on Graduate, now Skilled Worker for 1 year | Student and Graduate time would not count; residence would be counted from his Skilled Worker grant |
| Ken, overstayed in the past | Earlier overstay of several months before regularising | Risk of the 20 year pathway |

## Absences and continuous residence

Continuous residence is the backbone of every settlement application, and it is where many applications fail.

- **Today**, most routes allow no more than **180 days** outside the UK in any rolling 12 month period during the qualifying period.
- Some absences for compelling reasons, such as serious illness of a close relative or a natural disaster, can be accepted with evidence.
- A break in **leave**, not just physical presence, can also break continuous residence. Applying late for an extension is a common cause.

Keep a travel log with dates of every departure and return, and keep your passports, boarding passes and eVisa records.

## From ILR to British citizenship

Settlement is usually the gateway to naturalisation as a British citizen. Today, most adults can apply for citizenship **12 months after receiving ILR**, or immediately if married to a British citizen, provided they meet the residence, absence, good character and knowledge of English and Life in the UK requirements. The naturalisation fee is **£1,709** (from 8 April 2026), plus an **£80** citizenship ceremony fee. The same Life in the UK test pass can be reused.

Not every country allows dual nationality. Check your home country's rules before applying for British citizenship.

## Documents for an ILR application today

Exact requirements depend on your route, but a typical Skilled Worker or partner settlement application includes:

| Document | Purpose |
|---|---|
| Passport and eVisa details | Identity and current permission |
| Life in the UK test reference number | Proof you passed the test |
| English language evidence | Approved test certificate, qualifying degree or nationality exemption |
| Employer letter and recent payslips | Skilled Worker: continued employment and salary |
| Evidence of relationship and cohabitation | Partner routes: joint bills, tenancy, bank statements over the period |
| Record of absences | Dates of every trip outside the UK |
| Financial evidence | Partner routes: evidence meeting the financial requirement |

Apply online on GOV.UK using the correct settlement form for your route, then attend any biometrics appointment. Most applicants can apply up to **28 days before** they complete the qualifying period, but check the guidance for your route, because applying too early leads to refusal and a lost fee.

## Current rules and earned settlement side by side

| Feature | Rules in force today | Earned settlement (as confirmed in CP 1707) |
|---|---|---|
| Standard qualifying period | 5 years on most work and family routes | 10 years by default |
| Fast pathways | Some routes at 3 years | 3 years for exceptional contribution; 5 years for strong contribution or British connection |
| English level | B1 (B2 from 26 March 2027) | B2 |
| Earnings test | Route specific | £12,571 minimum; higher for shorter pathways |
| Criminality | Discretion in some minor cases | Mandatory refusal for convictions |
| Long residence route | Available after 10 years | Closes |
| Student and Graduate time | Counts towards long residence | Does not count |

## Common mistakes to avoid

1. **Assuming news headlines are law.** Only the Immigration Rules in force when you apply decide your case.
2. **Missing the absence limits.** Count every trip outside the UK.
3. **Letting leave lapse.** Gaps in leave can break continuous residence and, under earned settlement, push you to a longer pathway.
4. **Ignoring old debts.** Unpaid NHS charges can lead to refusal.
5. **Leaving the English test too late.** The B2 requirement is coming.

## UK settlement at a glance

| Question | Answer |
|---|---|
| What ILR is | Permanent settlement with no time limit |
| Fee | £3,226 per person (from 8 April 2026) |
| Life in the UK test | £50 per attempt |
| Today's usual period | 5 years on most work and partner routes |
| Confirmed future default | 10 years, with 3, 5 and 20 year pathways |
| Expected timing | Rules from December 2026, phased in during 2027 |
| Who is protected | Existing ILR holders and EUSS settled status holders |

## Frequently asked questions

**Q: Has the 10 year ILR rule started?**

A: Not yet. The Government published its consultation response (CP 1707) on 2 November 2026 confirming the framework, but the changes take effect only when new Immigration Rules are laid and commence. Reports of the response expect rules from December 2026 with phased implementation during 2027. Until then, applications are decided under the rules in force on the date you apply.

**Q: How much does ILR cost?**

A: The Home Office application fee has been £3,226 per person since 8 April 2026. The Life in the UK test costs £50 per attempt. Optional priority and super priority services cost £500 and £1,000.

**Q: Will the new rules apply to people already in the UK?**

A: The Government said it intends the new framework to apply to everyone who does not yet hold ILR, with very limited transitional arrangements. People who already hold ILR, and those with settled status under the EU Settlement Scheme, are not affected.

**Q: What English level do I need for ILR?**

A: Most applicants currently need English at CEFR level B1 in speaking and listening. The Immigration Rules (HC 1691) raise this to B2 for applications made from 26 March 2027, and the earned settlement framework also sets B2.

**Q: Does time on a Student or Graduate visa count towards settlement?**

A: Under the earned settlement framework described in the Government response, time on temporary routes such as Student and Graduate will not count towards the qualifying period, and the long residence route will close.


## Sources

1. [Home Office: A Fairer Pathway to Settlement, Government Response to the Consultation (CP 1707, November 2026)](https://assets.publishing.service.gov.uk/media/6ae90b0e5b14ba0182a272a4/A_Fairer_Pathway_to_Settlement_-_Government_response_to_the_consultation.pdf)
2. [GOV.UK: Earned settlement consultation (CP 1448, November 2025)](https://www.gov.uk/government/consultations/earned-settlement)
3. [GOV.UK: Home Office immigration and nationality fees (from 8 April 2026)](https://www.gov.uk/government/publications/visa-regulations-revised-table)
4. [GOV.UK: Life in the UK test](https://www.gov.uk/life-in-the-uk-test)
5. [GOV.UK: Skilled Worker visa, apply for settlement](https://www.gov.uk/skilled-worker-visa/apply-for-settlement)
6. [Withers: Major changes to UK indefinite leave to remain confirmed (4 November 2026), summary of CP 1707](https://www.withersworldwide.com/en-gb/insight/read/major-changes-to-uk-indefinite-leave-to-remain-confirmed)