How will the new UK Immigration rules affect migrants?

Proposals for stricter requirements to qualify for permanent settlement in the UK were first outlined in detail in November 2025, followed by the Home Secretary Shabana Mahmood had announced final decision in November 2026 on what changes[1] should be taken forward by doubling the wait for indefinite leave to remain (ILR) from five years to 10 for most migrants, with some facing a 15-year wait.

For the benefit of our readers, this article focuses only on the proposed new immigration rule changes affecting general migrants and does not cover refugees or asylum seekers.

What is settlement and indefinitely leave to remain (ILR)?

ILR, also known as settlement, gives a person the right to live, work and study in the UK for as long as they like and apply for benefits if they are eligible. Under the current system, people with ILR can also apply for benefits if they are eligible. They can also use it to apply for British citizenship, if they have lived in the UK for 12 months after being given ILR and also meet other requirements.

What are the key changes?

Under the government's plans, the standard length of time migrants will have to live in the UK to qualify for permanent settlement will double from five to 10 years.

Under this 10-year pathway, applicants must have earned at least £12,571 for five of the seven years immediately before being granted settlement.

• People who earned at least £50,271 for three of five years immediately before applying for settlement

• Care workers who earned at least £25,000 a year while meeting their visa conditions and arrived in the UK before May 2025

• "Skilled" public service workers in health and education, such as doctors, nurses, teachers and social workers

• Other health and education public service workers who fall below this skill level, for example nursing auxiliaries and teaching assistants, if they arrived in the UK before May 2025

• People from Hong Kong who hold British National (Overseas) status

People earning over £125,141 a year, as well as "highly skilled" migrants such as those on Global Talent or Innovator Founder visas, will qualify after three years.

Migrants who have claimed certain benefits or breached immigration rules will only be able to settle after at least 20 years.

Adults with a criminal record will be refused settlement, with discretion to refuse cases where the offence was committed when the applicant was under 18.

To qualify for settlement, migrants will generally also have to meet other conditions, including:

• Speak English to a high standard (From B1 to B2 level), subject to existing exemptions

• Knowledge of Life in the UK, subject to existing exemptions

• Owe no debt to the government, such as unpaid NHS debts, taxes, National Insurance contributions, and litigation debt owed to the Home Office

• Earn at least £12,571 a year for at least three years, aligned with the threshold for paying income tax

Which routes will not count towards settlement?

Under the government’s plan, there would no longer be a separate 10-year Long Residence route, time spent on temporary routes (such as visitor, student visa, graduate visa, youth mobility visa or temporary worker visa) will not count towards the qualifying residence period for settlement. These routes were established for specific temporary purposes and were not intended to provide a pathway to permanent residence in the United Kingdom.

What about family members or dependants?

A partner who arrives with someone who then applies for ILR will be able to settle at the same time, as long as they meet the relevant requirements.

However, a partner who joins later will need to complete the same qualifying residence period before they are eligible for settlement.

Eligible couples will be able to combine their earnings to meet the minimum income requirement.

The household income threshold will be £25,142 – twice the individual minimum income requirement.

Children under 18 will continue to be able to settle with their parents. They will be exempt from the income, government debt, English language and Life in the UK test requirements, but will remain subject to the relevant suitability and criminality requirements.

Young adults aged 18 to 24, who remain dependant on their family, will also continue to be able to settle alongside them. They will be expected to meet all the adult mandatory requirements but not the individual income requirement.

Someone who is aged 25 or over when their family becomes eligible for settlement will be expected to qualify independently.

Eligible partners, parents and children of British citizens will continue to qualify for settlement after five years.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. UK Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.

Contact us:

Do you have concerns about your UK immigration status? Are you unsure whether you are eligible to apply for ILR or settlement? You do not have to navigate this alone.

Our UK immigration solicitor team is here to help. Whether you need practical advice on your current situation or want to understand how the incoming 2027 reforms might affect you, we offer clear, confidential, and practical guidance.

Please get in touch with our employment team at enquiry@gulegal.org, and take the first step towards protecting your rights.

[1] The Home Office published a document: A Fairer Pathway to Settlement Government Response to the Consultation, dated in November 2026 https://assets.publishing.service.gov.uk/media/6ae90b0e5b14ba0182a272a4/A_Fairer_Pathway_to_Settlement_-_Government_response_to_the_consultation.pdf