The Home Office has published its 60-page report titled A Fairer Pathway to Settlement, launching a public consultation on a comprehensive restructuring of the UK’s Indefinite Leave to Remain (ILR) system.
This blog post has been prepared solely on the basis of the official consultation document.
- These changes are not yet in force.
- The consultation is open until 12 February 2026.
1. Proposed Change: Standard ILR Qualifying Period to Become 10 Years
The paper proposes that the standard ILR qualifying period:
- be increased from 5 years to 10 years.
This 10-year period may then be shortened or extended, depending on integration, economic contribution, and entry/residence history.
2. Minimum ILR Requirements
Each applicant must meet the following baseline requirements:
A) Suitability
- Meet the suitability requirements for an application as set out in Part Suitability of the Immigration Rules
- Have no criminal convictions
- Have no outstanding NHS debt, tax debt, or other government debt
B) Integration
- English language at B2 level
- Evidence of having passed the Life in the UK Test
📌 Under the current ILR rules, the English requirement is B1; the paper proposes increasing this to B2.
C) Contribution
- Annual income of at least £12,570
- Maintained for 3–5 years
- Income must be subject to income tax + National Insurance contributions (NICs)
📌 This is a new economic contribution requirement not currently applied in many ILR categories (e.g., dependant ILR, Global Talent ILR, ECAA ILR).
3. Factors That Reduce the ILR Qualifying Period
The paper clearly sets out the circumstances under which the standard 10-year period may be reduced.
These reductions apply only when the stated conditions are met, and even if multiple reductions apply, only the largest reduction will be used.
Reductions fall under three categories:
A) Integration
C1 English proficiency → –1 year
→ ILR becomes 9 years
B) Contribution (Economic & Social Contribution)
(All income criteria must be met for the 3 years immediately prior.)
- £125,140 taxable income (ILR in 3 years) → –7 years
- £50,270 taxable income (ILR in 5 years) → –5 years
- 5 years in a public service occupation (ILR in 5 years) → –5 years
- Community work / volunteering (ILR in 7 or 5 years) → –3 to –5 years
C) Entry & Residence
- British citizen family members → –5 years
Not subject to consultation: their ILR route remains 5 years. remains 5 years. - BN(O) status holders and their family members → –5 years
Not subject to consultation: their 5-year ILR route remains unchanged. - Global Talent / Innovator Founder (3 years’ continuous residence) → –7 years
→ ILR in 3 years
This indicates support for maintaining the accelerated route; however, this category is not exempt from consultation.
4. Factors That Increase the ILR Qualifying Period
The paper also sets out the circumstances in which the 10-year standard may be extended due to compliance breaches.
These extensions apply only when the relevant condition is met, and even if multiple breaches exist, only the largest extension will apply.
Listed penalty periods:
Public funds (<12 months) → +5 years
→ ILR becomes 15 years
Public funds (12+ months) → +10 years
→ ILR becomes 20 years
Overstay (6 months or more) → +20 years
→ ILR becomes 30 years
Illegal entry → +20 years
→ ILR becomes 30 years
Visitor entry followed by in-country switching → +20 years
→ ILR becomes 30 years
📌 Core penalty rule in the paper
If an applicant has more than one compliance breach, penalties do not accumulate.
Only the largest penalty applies.
📌 Penalties and reductions can be combined
They are combined
as follows:
- Penalty is added first
- Then the largest reduction is subtracted
5. New Model for Dependants
The paper states that adult dependants will no longer automatically qualify for ILR at the same time as the main applicant.
Adult dependants will be assessed on:
- their own English language level
- their own suitability
- their own economic/social contribution
- their own volunteering or community engagement
Children
The paper makes clear that the earned settlement model will operate differently for children, since children cannot meet economic contribution requirements (earnings, NICs, taxes).
- Children who entered the UK as dependants before age 18 will be protected by a “window” allowing them to obtain ILR in line with their parent(s)
- Children who turn 18 during the process may be subject to a cut-off point, with some requirements potentially waived
- Long-resident children will continue to benefit from existing protective mechanisms
This framework aims to ensure that children are not disadvantaged under the new model.
6. ECAA (Turkish Businessperson / Worker Route)
The paper provides:
❗ No exemptions or special provisions for ECAA applicants.
Bu nedenle; ILR almamış tüm ECAA başvuru sahipleri bu modele dahil olabilir.
These Changes Are Not Yet in Force
The A Fairer Pathway to Settlement consultation proposes major changes to the structure of the ILR system: extending the qualifying period to 10 years, introducing B2 English and minimum income requirements, allowing reductions and extensions based on contribution or compliance, and assessing adult dependants individually. A more flexible and protective framework is proposed for children. British citizen and BN(O) family members retain their 5-year route, while all other categories — including ECAA — may fall under the new model. Although the 3-year accelerated route for Global Talent and Innovator Founder is expected to continue, this is not yet confirmed.
These proposals are draft only and have not been implemented.
We will continue to monitor the consultation closely and provide regular updates to our clients as developments occur.