UK ILR in 2026: Will 5 Years Become 10? What Indians on Skilled Worker Visas Should Do Now

Where things stand today

• The earned settlement consultation closed on 12 February 2026. The Government hasn’t published its response, and no rules bringing in a 10-year baseline have been made yet.
• The Home Secretary told MPs on 15 September that the post-consultation policy will come out before the end of the year.
• One change is confirmed: from 26 March 2027, many settlement applicants will need English at B2 level, unless exempt.
• The 5-year route to ILR is still open for eligible Skilled Worker visa holders.

Short answer: Not yet. Moving from 5 to 10 years is still a proposal, not the law. But the decision is close, and if you’re near qualifying, waiting is riskier than applying now.

What “earned settlement” would change

Indefinite Leave to Remain (ILR) lets you live and work in the UK with no time limit, and it’s the step before British citizenship. Right now, most Skilled Worker visa holders can apply after five years.

The Government’s earned settlement proposal would drop that fixed timeline. In its place would be a default ten-year baseline, adjusted up or down depending on a set of factors.

Here’s what the consultation proposed:

These numbers came out of the consultation, and the final policy could look different. Over 200,000 people responded, and the Government is still working out its position. A parliamentary committee has already pushed back on the ten-year baseline and asked that any change not apply retroactively.

What’s confirmed and what’s still proposed

There’s no confirmed date for when new rules would take effect. Be wary of any agent or website presenting the 10-year rule as current law — it isn’t.

Why this matters for Indians in the UK

Indians make up the largest group affected. In the year ending June 2026, Indian nationals received 35,384 ILR grants, up 51% on the year before. Many arrived while the UK’s work routes were expanding, and a lot of them are now approaching the five-year mark.

The biggest open question is transition. As consulted on, the proposals would apply with no transitional protection. The Home Secretary has also suggested that people close to settlement could still be caught once the rules change, so being nearly there doesn’t guarantee anything.

Who’s affected most

• Just under five years in the UK: Apply as soon as you qualify. Applications go by the rules in force on the day you submit.
• Two to four years in: Your position is the least certain. Focus on what you can control — salary records, English level, a clean compliance history.
• Health and care or lower-paid roles: Most exposed to the proposed 15-year baseline.
• Earning above £50,270: You could keep something close to today’s five-year route, and above £125,140, possibly faster.
• Dependants: Their timeline follows the main applicant’s, and earned settlement questions whether children’s settlement should still align automatically with a parent’s ILR. Check each family member separately.

What to do now: a practical checklist

1. Find your exact eligibility date. Count from your visa start date and check for absences that could break continuous residence.
2. Apply as soon as you qualify. Don’t hold off on an application you’re already eligible for just to wait and see.
3. Get your evidence together. Payslips, P60s, employer letters, passport stamps, travel history. Old records take time to track down.
4. Prepare for B2 English. If your settlement date lands after 26 March 2027, start preparing for a B2-level test early.
5. Check your salary against the thresholds. Know where you stand against £50,270 and £125,140, since these affect the proposed reductions.
6. Keep your record clean. Under the proposals, immigration breaches, convictions and public funds claims could add years to your route.
7. Confirm the current fee and rules on GOV.UK before applying. Fees change often.
8. Get your case reviewed. Pi Overseas can check your timeline against both the current and proposed rules.

Mistakes and scams to avoid

• Trusting an agent who claims the 10-year rule already applies, or who promises a guaranteed outcome.
• Paying large fees upfront without a written contract.
• Applying before you’re actually eligible, it’ll be refused, and you’ll lose the fee.
• Leaving English preparation until the last minute.