ILR 10-Year Rule 2026
What Indian Nationals in the UK Must Prepare For Now

Major changes to the UK’s ILR settlement rules are coming – and if you are an Indian national living and working in the UK, the time to prepare is right now, before those changes arrive. The UK Home Secretary, Shabana Mahmood, publicly confirmed in March 2026 that the proposed “Earned Settlement” reform – which would replace the current 5-year Skilled Worker ILR route with a new 10-year baseline – will be implemented in Autumn 2026. While nothing has changed on GOV.UK yet, the confirmed timeline means many Indian nationals currently mid-way through their qualifying period need to understand what is proposed, what is already in force, and what they should do today.

The SmartMove2UK has helped over 2,500 Indian nationals navigate UK immigration since 2009, and this guide gives you the clearest picture available as of April 2026.

Indefinite Leave to Remain (ILR) is the UK’s form of permanent residence. Once you hold ILR, you can live and work in the UK without any visa restrictions, sponsor family members, and – after 12 months – apply for British citizenship. For Indian nationals who have built careers and lives in the UK, ILR is the most important immigration milestone of all.

Under the current rules, most Indian professionals on a Skilled Worker visa can apply for ILR after five continuous years of residence. The proposed ILR 10-year rule 2026 would fundamentally change this, potentially doubling the qualifying period for most applicants. Understanding what is proposed – and acting now – can make a significant difference to your personal timeline.

If you hold a Skilled Worker, Tier 2 General, or equivalent sponsored work visa, you can currently apply for ILR after five continuous years of lawful residence in the UK. This route remains fully live on GOV.UK as of April 2026. If your 5-year qualifying date falls before the proposed Autumn 2026 implementation, you should aim to apply under the current rules – time is important here.

The 10-year Long Residence route allows you to apply for ILR after ten years of continuous lawful UK residence across most visa categories – including combinations of student, work, and family visas. This route is proposed to be abolished when the earned settlement system launches. If you are close to 10 years of continuous lawful residence, a professional assessment right now is strongly recommended.

The proposed reform originated from the UK government’s May 2025 Immigration White Paper – “Restoring Control Over the Immigration System.” A public consultation ran until 12 February 2026, and the Home Secretary confirmed in March 2026 that the changes will proceed, with Autumn 2026 as the planned implementation date.

The proposed new model is called “Earned Settlement.” Under this framework, ILR eligibility would no longer be based purely on time served – it would need to be earned through demonstrated contribution, integration, and good character across four pillars:

These timelines are proposed, not yet in force. The current 5-year route applies today.

Under the current rules, the 10-year Long Residence route allows combining time across different visa categories – for example, 4 years as a student and 6 years as a Skilled Worker equals 10 years of continuous lawful residence and ILR eligibility.

The government has proposed to abolish this route when the earned settlement system launches.
Under the proposed new system:

• Time on a Student visa would not count toward the Skilled Worker ILR qualifying period
• Combining visa categories for the main settlement route would no longer be permitted
• Applicants who relied on mixing their visa time to reach 10 years would need to re-qualify from a single route

If you are currently using the Long Residence route, or were planning to combine your student and work visa time, this proposed change is critically important for you. The current route remains available now – but may not be available from Autumn 2026.

While the main settlement reform is still a proposal, several immigration changes are already confirmed and in force:

From 8 January 2026, every new Skilled Worker visa applicant must demonstrate English at B2 CEFR level – an upgrade from the previous B1 requirement. This applies to new applications and in-country switches into the Skilled Worker route. Extensions on the same route are generally exempt.

Accepted B2 English tests for the Skilled Worker visa:

• IELTS for UKVI – minimum 5.5 in each skill (speaking, listening, reading, writing individually)
• PTE Academic UKVI – B2 level per component
• LanguageCert SELT – B2 level per component
• Trinity College London SELT – B2 level per component

• TOEFL is NOT accepted. Cambridge B2 First (FCE) is NOT accepted for UK visa purposes – only approved Secure English Language Tests (SELTs) count.
• The current English requirement for ILR applications (all routes) remains at B1 CEFR. The proposed B2 requirement for ILR is part of the Autumn 2026 earned settlement changes and is not yet in force.

From 11 April 2024, a new rolling 12-month absence limit applies to the 10-year Long Residence route. You must not spend more than 180 days outside the UK in any rolling 12-month period. This is strictly enforced and applies to all absences starting from 11 April 2024 onwards.

Important distinction:

• Absences that started before 11 April 2024 – the old rule (no single trip over 180 days) applies to those periods
• Absences from 11 April 2024 onwards – the rolling 12-month window of maximum 180 days applies

If your current visa permission was granted on or after 11 April 2024, you must have been on your current visa route for at least 12 months before you can apply for Long Residence ILR. If your permission was granted before that date, this 12-month requirement does not apply.

From 8 April 2026, the ILR application fee increased to £3,226 per person. This applies to all ILR routes.

Family planning: Applying with a spouse and two children means a total fee of £12,904 before priority services.
Begin saving now.

For ILR applications under the current rules (both 5-year and 10-year Long Residence routes), the English requirement is B1 CEFR in all four skills, combined with the Life in the UK test. This is assessed under the Knowledge of Language and Life (KoLL) requirements in the Immigration Rules.

The proposed Autumn 2026 reform would raise this to B2 for ILR as well. If you are planning an ILR application in the next 12 months under the current rules, B1 is still the current requirement – but always confirm your specific route requirements with a professional adviser.

Under the current rules for the 10-year Long Residence route:

Certain absences may be forgiven with strong documentary evidence – for example, urgent medical care abroad, a family bereavement, or a compassionate emergency. These are assessed on a case-by-case basis and require a detailed statement with supporting documents.

Calculate your current ILR eligibility date based on the rules in force today. If you are on the 5-year Skilled Worker route, count from your first Skilled Worker visa start date. If you are on the 10-year Long Residence route, count from your first lawful entry into the UK (excluding excluded visa categories such as Visitor, Short-term Student, Seasonal Worker, and immigration bail).

If your qualifying date falls before or around the proposed Autumn 2026 implementation, you may be able to apply under the current, more favourable 5-year rules.
Do not wait – book a professional assessment immediately if your 5-year date is approaching in 2026.

Every day you spend outside the UK counts. Use our Free ILR Absence Calculator to check whether your travel history is within the permitted limits – before you submit an application and risk a refusal.

If the earned settlement system launches in Autumn 2026, your annual salary will determine your ILR timeline. If you are earning below £50,270, discuss a pay review with your employer now. Moving above the proposed £50,270 fast-track threshold before implementation could significantly reduce your future qualifying period.

The transition period between current rules and proposed new rules is the most complex time to navigate immigration planning. A professional assessment will identify whether you can apply under current rules, whether your absence record is clean, and which route gives you the earliest possible ILR eligibility.

Under the current rules, dependants on the Long Residence ILR route must each complete their own 10-year qualifying period independently. On the 5-year Skilled Worker route, dependants may be included but must meet their own suitability and English requirements.

Under the proposed earned settlement system, the government has indicated dependants would need to qualify independently across each of the four pillars. This is not yet in force but Indian families with children and spouse’s mid-way through qualifying periods should seek specific family planning advice now.

The proposed ILR 10-year rule 2026 is the most significant proposed change to UK settlement law in two decades. The window to apply under the current, more favourable rules is open right now – but for many Indian nationals, that window is closing.

The SmartMove2UK’s OISC-regulated immigration consultants specialise in UK visa and settlement planning for Indian nationals. We have guided over 2,500 clients from across India through the UK immigration system since 2009, with offices in Mumbai, Bangalore, and Delhi.