The reforms remain at proposal stage, and transitional arrangements are expected for those currently on existing settlement pathways
Migrants who are in the UK legally could face waits of up to 20 years before securing permanent status under government proposals that would overhaul the path to settlement. The Home Secretary Shabana Mahmood has announced plans to extend the qualifying period for Indefinite Leave to Remain from five to 10 years, a change that would apply to an estimated 2.6 million people who have arrived since 2021. The Home Office says the new framework is designed to tighten eligibility criteria, with Mahmood telling MPs that becoming part of the UK is “not a right but a privilege – and one that must be earned”. The changes, which do not apply to people who have already secured settlement, form part of a series of immigration reforms unveiled by Mahmood in the past week.
Settlement, also known as Indefinite Leave to Remain, grants the right to live in the UK permanently, work without restriction and access public services, and is a key step towards British citizenship. At present, most people on work or family visas are eligible to apply after five years, subject to meeting requirements including income thresholds, residency rules and good character assessments. The Home Office argues that the current system insufficiently distinguishes between levels of contribution and need, and the proposed model introduces a tiered structure which extends or shortens the wait depending on circumstances.
Under the plans, the standard qualifying period will be set at 10 years. However, several categories will face significantly longer waits. Legal migrants who claim benefits for less than 12 months would see the settlement period rise to 15 years. Those who arrived on post-Brexit health and social care visas would also move to a 15-year pathway, up from five years currently. Migrants who rely on benefits for more than 12 months could wait 20 years before becoming eligible for settlement, a period the government says would be the longest in Europe. Ministers argue the aim is to ensure that settlement reflects sustained economic contribution, but critics of previous changes have warned that tougher thresholds risk deterring workers in essential sectors.
The proposals also offer accelerated routes for people with high earnings. Applicants who have earned £125,140 or more in each of the three years before applying could qualify in three years. Those earning £50,270 or more could be eligible after five years. The Home Office says these routes recognise “exceptional economic contribution”, though some migration advisers have previously questioned whether salary alone provides a complete measure of integration or value.
Other criteria would also factor into the calculation. Time spent volunteering and competence in the English language could reduce the wait, with the Home Office arguing that such measures reflect social contribution and integration. The department has not yet published detailed guidance on how volunteer work would be assessed or how reductions would be calculated, and further updates are expected in consultations due to run in the coming months.
Announcing the changes in the Commons, Mahmood said: “Migration will always be a vital part of Britain’s story. But the scale of arrivals in recent years has been unprecedented.” The government maintains that the new settlement framework is a necessary response to rising net migration figures and is designed to bring long-term stability to the system. It also links the changes to wider reforms already announced, which include measures affecting visa routes, student dependants and income thresholds for family visas.
Opponents of previous tightening moves have argued in public debate that extending settlement times could create uncertainty for families and workers, particularly in sectors facing labour shortages. Legal and migration support organisations have previously raised concerns that longer routes risk creating a larger population of people living in the UK for extended periods without permanent security. Business groups, especially those representing care providers, have warned in earlier discussions that rising requirements may make recruitment more difficult in already stretched areas. Supporters of stricter thresholds, meanwhile, have often argued that longer qualifying periods could help ensure that settlement reflects long-term commitment to the UK.
