In July 2025, the government announced its most significant reform to immigration law in 50 years. It outlined a new 10-year qualifying period for settlement for most applicants, replacing the current 5-year requirement. This proposal is under consultation until February 2026. The change could impact nearly 2 million migrants who had arrived in the UK since 2021. However, those with existing status which includes EU Settled, Pre-Settled Status and Indefinite Leave to Remain will be unaffected. Partners and dependants of British citizens will continue to qualify for the 5-year route. Refugees will have an even higher 20 years qualifying period for settlement.
The reforms aim to align settlement with contributions to society rather than solely time-based residence. Key proposals include:
- Settlement tied to demonstrable integration, economic contributions, and compliance
- Incentives for lawful behaviour, English proficiency, and high earners
- Differentiating between routes for permanent residency and temporary stays
Factors that could shorten the 10-year period include:
- Higher English proficiency (C1 level (university level equivalent) instead of B2 (A-level equivalent) could reduce the period by 1 year
- An annual salary of £50,270 and over for 3 years could reduce it by 5 years. An annual salary of £125,140 and over for 3 years could reduce it by 7 years
- Employment in specific public service roles (e.g. healthcare and education) could shorten it by 5 years
- Volunteering or community contributions could reduce it by 3-5 years
- High-potential economic routes (e.g., Global Talent, Innovator Founder) could cut the period by 7 years
- Specific vulnerable groups e.g. victims of domestic violence could get a reduction
Factors that could increase the qualifying period of 10 years include:
- Public funds received for less than 12 months at any time during their route to settlement can add 5 years
- Public funds received for more than12 months at any time during their route to settlement can add 10 years
- Illegal arrival can add up to 20 years
- Arrival on visit visa and ‘overstaying’ can add up to 20 yeas
- Overstaying previous permission for six months or more can add up to 20 years
Only the contribution-based requirements are currently under consultation. The exact inclusion or exclusion for each route will depend on the outcome of the consultation. In addition, reductions cannot be combined across different categories.
Mandatory requirements for settlement (not under consultation) will be
- Stricter standards on conduct and criminality; Applicants with a criminal record may not be eligible for settlement
- No current litigation, NHS or other government debt
- Evidence of English proficiency level B2 (from 8 January 2026)
- Passing a more rigorous Life in the UK Test
The government is considering a policy under which settled persons would not be eligible for public funds, with benefits becoming available only after obtaining British citizenship.
Also, without transitional provisions, individuals who have not yet reached settlement will be subject to the new ten-year settlement route. Therefore, it is advisable to seek legal advice regarding the best option and whether the requirements for British citizenship can be met.
The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
© Miller Rosenfalck LLP, December 2025
