Will ILR changes affect those already in the UK?
Asked by: Violette Lakin | Last update: June 22, 2026Score: 4.3/5 (46 votes)
Yes, the planned Indefinite Leave to Remain (ILR) changes will apply to most people already in the UK who have not yet been granted settlement. The government is shifting from a standard time-based route to an "earned settlement" model.
Will changes to ILR apply to those already in the UK?
The Home Secretary has confirmed that changes to settlement (or ILR) will be implemented in Autumn 2026, and that these will apply retrospectively to those already in the UK.
Is ILR increasing to 10 years?
The Home Office is planning major changes to eligibility for Indefinite Leave to Remain. The standard baseline for qualifying for ILR will be increased from five years to ten, and the mandatory criteria for qualifying for ILR will be significantly tightened.
Is ILR still valid in the UK?
If you have indefinite leave to remain or enter ( ILR or ILE ) If you have ILR or ILE there is no longer any time limit on your ability to stay in the UK. If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK.
Will the new immigration rules be applied retrospectively?
Home Secretary Signals Retrospective Move to Ten-Year ILR Route from Autumn 2026. The Government has already proposed extending the standard qualifying period for settlement from five years to ten years under its wider “earned settlement” reforms.
ILR Changes 2026: UK Immigration Experts Explain the New ILR Rules & Earned Settlement
Will changing immigration rules affect the current residents?
Any changes would affect migrants who are already living in the UK. First, additional minimum requirements would apply to all migrants seeking settlement, with exceptions yet to be determined.
Is indefinite leave to remain a spouse visa?
You can apply for Indefinite Leave to Remain (ILR) as a spouse either under the spouse visa (5 years route) or under the spouse visa (10 years route). An applicant applying for ILR as a spouse under the 5-year route must meet the eligibility requirements set out in Appendix FM of the Immigration Rules.
Am I going to lose my indefinite leave to remain?
You lose your indefinite leave to remain if you've been outside the UK, the Channel Islands and the Isle of Man for more than: 5 continuous years, if you have settled status under the EU Settlement Scheme (unless you're a Swiss citizen or their family member)
Which is better, settled status or ILR?
Those with Settled Status generally have greater flexibility when it comes to long absences, but it's still essential to keep accurate records of travel. ILR holders must be particularly careful, as an absence of more than two years can result in status being lost.
What are the new rules for indefinite leave to remain in 2026?
From April 2026, the UK government is implementing major changes to Indefinite Leave to Remain (ILR), transitioning to an "earned settlement" model that generally extends the standard qualifying period from 5 to 10 years. Key reforms include abolishing the 10-year long residence route, introducing stricter, contribution-based criteria (higher income/English levels), and shifting to a phased rollout.
How long is the ILR waiting time for 2026?
The ILR processing time UK experience in 2026 is running longer than in previous years. Applications that would typically be decided in 2 to 3 months are taking 5 to 6 months or more across several categories. ECAA applications and certain Skilled Worker categories are specifically affected.
Who are the top 3 immigrants in the UK?
India, Poland, Pakistan, Romania, and Ireland were the most common countries of birth among UK migrants in 2021/22. Together, the top five countries of origin accounted for 32% of all those born abroad.
Which jobs are in shortage in the UK?
UK Shortage Occupation List
- Health services and public health managers and directors.
- Residential, day, and domiciliary care managers and proprietors.
- Chemical scientists in the nuclear industry (Only in Scotland)
- Biological scientists and biochemists.
Will ILR increase to 10 years?
This is called getting 'indefinite leave to remain' (ILR). The government plans to increase the wait to at least 10 years. The change will apply to most visas that let you get ILR - for example work visas. Refugees will also have to wait more than 5 years before they can apply for ILR.
How soon after ILR can you get UK citizenship?
Applicants must have held ILR for 12 months before applying to Naturalise as a British citizen; Those married to, or the civil partner of, a UK national, however, can apply as soon as they have ILR; The 'continuous residence' rules when applying to Naturalise are stricter than for ILR.
What countries send the most immigrants?
Almost 30 percent of immigrants in the United States came from Mexico. Immigrants from the top five countries of origin - Mexico, India, the Philippines, China (excluding Hong Kong and Taiwan), and Vietnam - accounted for 45.3 percent of all of the foreign born in the United States.
What are the disadvantages of ILR?
Limitations of ILR
No voting rights in UK national elections. Limited access to certain benefits. Less security than citizenship: Although indefinite leave provides more security than limited leave to remain, it does not offer the same protection as British citizenship.
Is ILR equal to British citizenship?
Indefinite Leave to Remain, or ILR, grants individuals the right to reside in the UK without immigration time restrictions. On the other hand, British Citizenship represents the ultimate legal recognition as a national of the UK, endowing individuals with the full right to abode in the country.
Is UK ILR the same as US green card?
Indefinite Leave to Remain (ILR) is the term for British settlement or permanent residency. ILR status allows you to live and work in the UK without restrictions on the length of stay. It is the equivalent of the United States permanent residency/ green card.
Can I be deported if I have indefinite leave to remain?
It is possible to be deported even if you hold ILR status. The Home Office reserves the right to deport anyone who does not serve the best interest of the UK, and can revoke an ILR status. The Home Office will only revoke a status if they have sufficient and justified reasoning.
Who is eligible for ILR after 5 years?
Eligibility for ILR after five years usually requires you to hold Skilled Worker visas and to live continuously and lawfully in the UK. This is defined as you: having continuously held Skilled Worker visas in the UK, which may be across multiple jobs and/or employers, and across any number of Skilled Worker visas; and.
How much does UK ILR cost?
The ILR fee per application is £3,226. ILR application fees apply separately to each applicant, including partners and children. There is no fee waiver or fee reduction available for ILR applications.
Do I need a lawyer for my ILR application?
While it's possible to apply for ILR independently, working with an experienced immigration solicitor significantly improves your chances of success. From ensuring your eligibility to preparing your application to the highest standard, a solicitor can guide you through every stage with confidence and clarity.
Can I lose my indefinite leave to remain if I divorce?
Divorcing your partner when you hold indefinite leave to remain is unlikely to affect your immigration status and you should be able to stay in the UK. Call Birmingham Immigration Lawyers on 0121 667 4593 if you need urgent support and advice about your immigration status.
How much money is required for an UK spouse visa?
As of April 8, 2026, UK spouse visa fees are £2,064 to apply from outside the UK and £1,407 to apply from within the UK. In addition to this, you must pay the Immigration Health Surcharge (IHS), typically costing £1,035 per year, bringing the total core cost to well over £4,000 for a standard 2.5-year visa.