One of the questions we are asked most is: “Has the 10-year ILR rule started yet?”
As at 23 September 2026, the answer is no.
What the government has proposed
Under its “earned settlement” proposals, the government wants to move the baseline qualifying period for indefinite leave to remain (ILR) from 5 years to 10 years. People could then reduce or extend that period depending on factors such as contribution and integration.
The Home Secretary has said the move to a 10-year baseline has already been decided and was not part of the consultation. Other details, including transitional arrangements for people already in the UK, were consulted on. The consultation received around 130,000 responses.
Is it law yet?
No. A change like this has to be made through a Statement of Changes to the Immigration Rules. The most recent one, HC 584 (published 3 September 2026), does not include the earned settlement changes. The government has not yet announced a commencement date.
The current 5-year settlement rules still apply to applications made now.
Changes that are already in force
Some separate measures are already in force, including the higher B2 English language requirement for new Skilled Worker applicants, which applies from 8 January 2026.
What should you do?
- Know your qualifying date. If you will reach 5 years soon, plan your ILR application early and check that your continuous residence, absences and documents are in order.
- Don’t rely on rumours. Nothing changes until the rules are laid before Parliament, and we will post an update here when they are.
- Keep your status valid. Gaps in leave or unreported changes can put your continuous residence at risk.
Book a consultation to check your ILR timeline with an IAA-regulated adviser.
This article is general information and is not legal advice. Every case depends on its own facts.
Sources: