Keep 5-Year ILR and Restrict Access to Benefits for New ILR Holders

The Government should keep the current 5-year route to Indefinite Leave to Remain (ILR) and restrict access to government benefits for new ILR holders.

Extending the ILR route to 10 years would unfairly affect thousands of Skilled Worker visa holders who moved to the UK based on existing 5-year rules, disrupting their plans, families, and financial stability. The Government should keep the 5-year ILR route and ensuring new ILR holders demonstrate financial independence before accessing public benefits. We think this protect fairness and stability.

Settlement in the UK is a privilege and not a right. It is a prerequisite for becoming a British citizen and brings lifelong benefits. It marks an important step in integrating and contributing to local communities and the wider country.

Under the current system, individuals qualify for settlement primarily on the basis of the length of time they have spent in the UK alongside a knowledge of life test which is used to verify knowledge of British customs, history, traditions, laws and political system.

These criteria alone do not reflect our strongly held belief that people should contribute to the economy and society before gaining settled status in the UK. Moreover, they fail to promote integration, which limits the wider benefit from long term migration into the UK and increases pressure on public services.

We therefore intend to fundamentally reform our settlement rules for the first time in over 50 years. The Immigration White Paper, published on 12 May 2025, set out that the default qualifying period for settlement would be increased from five to ten years. It also included proposals for a new ‘earned settlement’ model which are subject to consultation.

The consultation on the ‘earned settlement’ model launched on 20 November 2025 and will run for 12 weeks until 12 February 2026. It is open to anyone who wishes to share their views, including individuals, organisations and other stakeholders who may be affected by, or have an interest in, the proposed changes.

We are proposing to increase the baseline qualifying period for settlement to 15 years for those on the Skilled Worker route in a role below RQF level 6 (equivalent to a bachelor’s degree).

In the next five years, settlement volumes are forecast to increase significantly, due to the unprecedented level of migration to the UK in recent years. Between 2021 and 2024, there was significant growth in lower-skilled migration on work routes, particularly on the Health and Social Care visa, which is estimated to make up 47% of settlement grants in 2028.

Individuals will have the opportunity to reduce the qualifying period to settlement based on contributions to the UK economy and society.

Speaking English at degree level, earning a high salary and being employed in specific public service roles would result in a reduction. However, where a person has claimed public funds or committed immigration offences, they would face a penalty of extra years.

We are also proposing that benefits and social housing might not be available to new migrants granted settled status and that instead they should be reserved for those who have achieved British citizenship, easing the pressure on public finances.

For those who are on a pathway to settlement but have not yet been granted settled status, we are consulting on transitional arrangements for these individuals.

We would encourage anyone with an interest in the proposals, including the petitioners who have taken the time to sign this petition, to contribute to the consultation. We realise the significance of these proposals to people and we will listen carefully to what they tell us.

Further details on the proposals and the link to respond to the consultation can be found here: https://www.gov.uk/government/consultations/earned-settlement

Home Office