Indefinite leave to remain

There is a great deal of alarming and inaccurate information about settlement at the moment. Here is the position as it actually stands.

Confirmed, and not confirmed

The qualifying period is still five years on the usual routes. That has not changed.
The ten-year “earned settlement” baseline is a proposal. It was set out in the May 2025 White Paper, consulted on between November 2025 and 12 February 2026, and has not been enacted. No implementation date has been announced. Ministers have indicated an intention to proceed.
Whether people already part-way through a five-year route will be protected has not been decided. The government said in February 2026 that transitional arrangements remain subject to the consultation outcome. Anyone who tells you confidently that you are safe, or that you are not, is guessing.

Other elements of the proposal — a shorter route for higher earners, a longer one for lower-paid roles, extensions linked to use of public funds or immigration breaches — are equally unconfirmed.

One change is confirmed. From 26 March 2027 the English language requirement for settlement rises from B1 to B2 — roughly A-level standard — across Skilled Worker, Scale-up, Global Talent, Innovator Founder and several other routes. If English is not your first language and you are approaching settlement, that is a real deadline and preparation takes months rather than weeks.

What you can control

Given the uncertainty, the sensible response is to make sure nothing in your own history creates a problem. Four things, all within your control.

Absences. Continuous residence is broken by excessive absence. The limits are specific, they are counted across rolling periods rather than calendar years, and people fall foul of them through ordinary work travel without realising. Count yours now rather than at application.
Gaps in permission. Even short periods without valid leave can break continuity. Late applications are the usual cause.
Applying in good time. Not early enough to fail the residence requirement, not so late that you risk a gap.
Records. Payslips, P60s, travel history, tenancy agreements. Reconstructing five years of evidence at the point of application is considerably harder than keeping it.

The requirements as they stand

Continuous lawful residence for the qualifying period on your route.
Absences within the permitted limits.
Life in the UK test.
English language — currently B1, rising to B2 on 26 March 2027.
Suitability, including immigration history and criminal record.
Route-specific requirements, which differ considerably — a continuing job at the required salary on the work routes, a subsisting relationship on the partner route, business criteria on Innovator Founder.

Where applications go wrong

Absences miscounted, particularly by people who travel for work and have counted calendar years rather than rolling periods.
A gap nobody noticed — often years earlier, often an application made a few days late.
The Life in the UK test taken and passed but the certificate lost, which is recoverable but delays matters.
Evidence that does not match, where travel history and payslips tell different stories.
Assuming continuous employment, where a period between sponsored jobs broke the requirement on a work route.

Most of these are found in an hour of review and are fixable if found early. None of them is fixable at the point of refusal.

What we do

Review your history before you apply — absences, gaps, evidence — and tell you whether you qualify and when. Prepare the application. And where there is a problem in the history, advise on whether it can be addressed, whether to apply anyway with an explanation, or whether to wait.

What it costs

A fixed fee, quoted before we begin. Where the history is complex — gaps, extensive absences, a previous refusal — we say so and quote separately, because that is a different piece of work from a straightforward application.

A pre-application review on its own is available as a fixed fee, and for anyone with an unusual history it is the most useful hour they will spend.

Questions

Questions people ask us

Is settlement now ten years instead of five?

No. Five years remains the qualifying period on the usual routes. The ten-year baseline has been proposed and consulted on — the consultation closed on 12 February 2026 — but it has not been enacted and no implementation date has been confirmed.

I am three years into a five-year route. Will I be protected?

Nobody can tell you that yet. Transitional arrangements remain subject to the consultation outcome. What you can do is ensure your own history is clean: absences within limits, no gaps, applications in good time.

How many days can I spend outside the UK?

The limits are specific to your route and are counted across rolling periods rather than calendar years, which is where people go wrong. If you travel regularly for work, have it counted properly before you apply.

I had a short gap in my visa three years ago. Does that matter?

It may. Even short gaps can break continuous residence, and this is one of the most common reasons settlement applications are refused. It is worth establishing the position before applying rather than after.

What is changing with the English requirement?

From 26 March 2027 it rises from B1 to B2 across several routes. If you will need it, start preparing well ahead — it is a meaningful step up.

Should I apply now in case the rules change?

Only if you already qualify. Applying before you meet the residence requirement wastes the fee and creates a refusal on your record. If you are close, the sensible step is to have the position checked and apply at the earliest point you actually qualify.

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