The UK government has confirmed how long migrants will need to wait for permanent residence. In a statement to the House of Commons on Monday 2 November 2026, Home Secretary Shabana Mahmood set out the final version of the "earned settlement" policy for indefinite leave to remain (ILR).
The headline: the proposed 15-year wait for lower-paid workers has been dropped, care workers already in the UK keep their five-year route, and most other migrants will now wait ten years. Instead of one fixed period, the time you need before settling will depend on what you contribute. Here is what was announced, who it affects, and what has not been decided yet.
The new conditions everyone must meet
Before any qualifying period applies, every settlement applicant will need to meet four basic conditions:
- No criminal record
- English to a high standard
- No unpaid debts to the taxpayer
- At least three years of National Insurance contributions
Anyone who has claimed benefits will also need to show five continuous years without public funds before applying.
How long you will wait: the new qualifying periods
Once the basic conditions are met, the qualifying period depends on your contribution:
- 3 years: people earning over £125,000 a year, and those on the highest-skilled visa routes
- 5 years: people earning over £50,000 a year, and doctors, nurses, teachers and other workers in healthcare and education
- 10 years: everyone else, including most people earning under £50,000. They can keep renewing their temporary visas until they qualify
- 20 years: people who have breached immigration rules
Some groups keep the current rules, including Hong Kong British Nationals (Overseas), members of the armed forces, people with a British connection such as partners of British citizens, and those on legacy routes such as Windrush.
What changes for care workers
Care workers were at the centre of the debate. Around 250,000 people, plus their dependants, arrived on or switched into the social care route between 2022 and 2025, and many faced a 15-year wait under the original proposals.
Under the final policy:
- Care workers earning at least £25,000 a year in the sector keep their five-year route to settlement, because meeting that salary was a condition of their visa.
- Care workers who did not meet their visa conditions, estimated at about a quarter, will be offered a new five-year care visa that is not tied to a single employer, with more time to find a new job. They can apply for settlement at the end of it.
- The same protection extends to public sector roles in healthcare and education identified by the Migration Advisory Committee, such as auxiliary nurses.
This protection only applies to people who were already on these routes before the immigration white paper was published in May 2025. Anyone who arrived after that date will be under the new rules.
Refugees
Refugees who arrive through new safe and legal routes will have a five-year path to settlement. Those who arrive outside these routes face a 20-year baseline, with ten more years added for illegal entry such as small boat crossings. Working or studying can reduce the wait by ten years.
Why the government changed its original plan
The Home Office also published the findings of its consultation, which received more than 200,000 responses. Most respondents opposed the proposals as first drafted, and a large majority opposed the 15-year period for work below degree level. Most also called for protection for people already on a route to settlement.
The final policy reflects some of that feedback, removing the 15-year tier and protecting care and public sector workers, but keeps the ten-year standard route for most migrants. Reactions were mixed: the Conservatives argued the care worker concession will cost taxpayers billions, while others said it does not go far enough for skilled workers already in the UK.
Is this law yet?
No. The current five-year rules remain in force until the government lays a Statement of Changes to the Immigration Rules and it takes effect. No implementation date has been given yet.
This timing matters. The Home Secretary confirmed that applications will be decided under the rules in force on the date of the decision, not the date you arrived in the UK. If you qualify under the current five-year rules before the change takes effect, applying early could make a real difference.
What you should do now
- Check your dates. Work out exactly when you reach five years of continuous residence.
- Check which band you fall into. Look at your earnings over the past three years, your job sector and your National Insurance record.
- If you are close to five years, get advice now. A regulated immigration adviser or solicitor can tell you whether to apply before the new rules take effect.
- Gather your evidence. Payslips, P60s, NI records, English test certificates and records of time spent outside the UK will all matter.
- Employers: identify sponsored staff closest to settlement and plan for longer sponsorship periods for those on the ten-year route.
The confirmed rules are less severe than first proposed, especially for care workers, but most migrants on lower and middle salaries will now wait twice as long for permanent status. The key details still to come are the official rule changes and the date they take effect. We will update this guide when they are published.
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