ILR New Rules: Key Changes in 2025

The UK’s 2025 Immigration White Paper outlines major changes to Indefinite Leave to Remain (ILR). From a longer 10-year qualifying period to a new earned settlement system, these reforms affect thousands of visa holders. Here’s what you need to know, and how Cromwell Wilkes can help you prepare.

Why the UK Is Changing ILR Rules in 2025

The 2025 Immigration White Paper introduces sweeping changes to the UK’s immigration policy. Aimed at reducing net migration and promoting integration, the reforms target the settlement process with stricter timelines and new contribution-based metrics. These changes mark a shift from a time-based entitlement system to one that rewards long-term commitment and civic participation.

The Political Motivation Behind the ILR Reform

The government views the existing 5-year ILR route as too short and automatic. Ministers argue that permanent settlement should reflect a deeper investment in UK society, not just the passage of time. The new model aims to restore public confidence by making settlement conditional on merit, not expectation.

Public concern about long-term migration figures has pushed the government to act. In 2024, net migration exceeded 700,000, triggering calls for stronger control of permanent immigration. The Home Office responded by prioritising settlement reform in its 2025 White Paper and outlining a shift to a stricter, earned approach.

The new ILR rules aim to filter applicants by value, not volume. By linking settlement to integration and national contribution, the UK positions itself to retain skilled, engaged migrants while discouraging temporary use of the system for permanent rights.

The Official Announcement and Timeline

The reforms were introduced through the UK Immigration White Paper 2025, published on 12 May. While not yet law, the proposals signal the government’s legislative intent. Ministers expect implementation to begin within the current Parliament, with phased rollouts starting as early as 2026.

A formal consultation on the new ILR framework is expected by the end of 2025. This includes details on qualifying criteria, transition rules, and the earned settlement points system. Once the consultation concludes, secondary legislation will follow to update the Immigration Rules.

While nothing changes immediately, the new settlement model is now in motion. Cromwell Wilkes recommends that all migrants nearing ILR eligibility review their timelines now, before the new requirements take effect.

10-Year Qualifying Period: What It Means for ILR Applicants

The standard ILR qualifying period is doubling, from five to ten years, for most visa routes. This change will reshape how and when applicants can apply for UK settlement. It affects workers, innovators, and skilled migrants, extending the path to permanence and increasing the importance of visa compliance and long-term planning.

Who Will Be Affected by the 10-Year Rule?

Most work-based migrants will be affected. This includes Skilled Worker visa holders, Global Talent applicants, and other sponsored professionals. Instead of qualifying after five years of lawful residence, applicants will need ten years of continuous, compliant leave before applying for ILR.

The new rule also covers those on routes that previously led to accelerated settlement, such as Innovator Founder or Sole Representative. Unless exempted, these individuals will face a longer path with additional visa renewals, which will raise the cost and complexity of remaining in the UK.

The change signals a move away from settlement as a routine benefit. Instead, the government wants to test long-term commitment by requiring more time under temporary status, especially for those not on humanitarian or family-based routes.

Who Is Exempt from the 10-Year Rule

Partners of British citizens are explicitly exempt from the new ILR requirement. The 5-year ILR route remains available to partners of both British citizens and those with settled status, provided they meet the usual requirements: cohabitation, financial evidence, English proficiency, and the Life in the UK test.

Refugees, those under humanitarian protection, and applicants under vulnerable categories (such as domestic abuse survivors) also remain protected. The government confirmed these groups will not be subjected to the extended timeline due to legal and ethical obligations.

There may be additional exemptions for specific long residence categories or UK-born children, but these remain under review. The safest assumption is: unless explicitly exempt, the 10-year rule will apply to most routes.

Table: Visa Routes & ILR Timelines – Before and After Reform

Visa Route	Current ILR Timeline	2025 Proposed ILR Timeline
Skilled Worker	5 years	10 years
Partner of British Citizen	5 years	5 years (Exempt)
Global Talent	3 or 5 years	10 years (unless fast-tracked)
Humanitarian Protection	5 years	5 years (Exempt)
Long Residence	10 years	Likely unchanged

Earned Settlement: Points-Based ILR in Practice

The government’s new earned settlement model ties individual contribution and integration to eventual citizenship and immigration status. Applicants will need more than just time; they’ll also need to demonstrate value to the UK through their work, skills, language, and civic engagement. This shift rewards integration and filters long-term residents by merit, not just duration.

How the Points-Based ILR System Will Work

The proposed earned settlement scheme will operate on a points-based framework, similar to the existing work visa system. Migrants will earn points by meeting contribution benchmarks, such as holding high-income roles, volunteering, or working in sectors of national importance, including health and education.

While the full criteria are subject to consultation, the Home Office has confirmed its goal: reward those who contribute economically, socially, and linguistically. This means settlement could be accelerated, potentially granted earlier than 10 years, for applicants who meet specific contribution thresholds.

The model shifts the focus from passive residence to active participation. Time in the UK will remain necessary, but progress toward ILR will depend on how applicants spend that time, not just how long they’ve been here.

Examples of Qualifying Contributions

Applicants will likely score points for roles in critical sectors, such as NHS roles, teaching, social care, and the armed forces. These are already listed in other UK immigration concessions and are now being formalised into the ILR route.

High salaries, academic or business excellence, and exceptional talent may also earn points. Those with recognised achievements in science, technology, or innovation will stand out under this scheme, especially if their contributions align with UK growth sectors.

Additional credit will go to migrants who engage with their communities, volunteer, or demonstrate advanced English fluency beyond the minimum level. The Home Office wants the settlement to reflect not just skills, but social cohesion and civic alignment.

Table: Earned Settlement – Potential Points Breakdown

Criteria	Example	Estimated Points
Sector of Work	NHS, Education, Defence	20
Salary Threshold	£40,000+ annual income	10–20
English Language Proficiency	B2 or higher	10
Community Contribution	Verified volunteering, charity involvement	5–10
Civic Integration	Local engagement, civic test improvements	5

Integration Criteria: New Language & Cultural Requirements

To reinforce integration, the UK will apply stricter language standards and revamp its settlement assessments. These changes align with the earned settlement model and aim to ensure that applicants not only live in the UK but also understand its culture, values, and civic expectations.

Raised Language Standards for ILR

The English language requirement for ILR will increase from B1 (Intermediate) to B2 (Upper-Intermediate). This means applicants must demonstrate clearer, more fluent communication, particularly in reading, writing, and speaking. The change will apply to most ILR routes, including skilled worker, long residence, and family paths that are not exempt.

Dependants of Skilled Workers and international students will also face new minimum standards. From initial visa applications through to renewals, partners and spouses will need to meet A1 and A2 CEFR levels, aligning with the government’s push for early and sustained use of English.

This shift highlights the UK’s intention to make language a core requirement of integration, rather than a final hurdle. Applicants will need to plan and prepare well in advance of reaching ILR to meet this higher bar.

Changes to the Life in the UK Test

The Life in the UK test will undergo a major review. Ministers have signalled dissatisfaction with its outdated content, which focuses on historical trivia over useful civic knowledge. The proposed revision will aim to create a more meaningful assessment of integration.

Future versions of the test will likely include questions on democratic values, rights and responsibilities, and everyday civic understanding. The goal is to ensure that settlement reflects genuine familiarity with UK life, not rote memorisation.

Applicants will still need to pass the test as part of their ILR application; however, they should expect the format and content to become more rigorous and practical, in line with the earned settlement framework.

Impact on Key Visa Routes – Skilled Workers & Partners

Two groups will feel the impact most: skilled professionals and family route applicants. While work-based migrants face an extended settlement timeline under the new ILR rules, spouses of British citizens remain on the existing 5-year track. Here’s how the changes will affect both paths to permanent residence.

Skilled Worker Visa Holders

Skilled Worker visa holders will move from a 5-year to a 10-year ILR timeline under the new rules. This means more visa renewals, more Home Office fees, and a longer period under temporary status before becoming eligible to settle.

Applicants will need to maintain continuous employment, meet evolving salary thresholds, and keep their sponsorship active for a decade. Breaks in employment, changes of sponsor, or switching to non-qualifying routes can disrupt ILR eligibility and further delay settlement.

However, the earned settlement system offers a partial solution. Skilled professionals in critical roles, such as healthcare, education, or defence, may qualify to apply earlier than 10 years if they meet the contribution criteria. High salaries, community involvement, or exceptional talent could fast-track ILR under the new points model.

Partner and Spouse Visa Holders

Spouses and partners of British citizens are exempt from the 10-year rule. The 5-year ILR route remains in place, provided applicants meet all other requirements, including English language standards, the Life in the UK test, and financial thresholds.

For dependents of Skilled Workers or other non-citizen migrants, integration requirements are tightening. English proficiency at the A1 or A2 CEFR level will now be required for initial applications and extensions. These changes affect those joining partners on work or study routes, not British citizens who are sponsors.

While the timeline remains unchanged for most family applicants, the process is becoming more demanding. Applicants should prepare for a tougher language standard at ILR and possibly a revised Life in the UK test.

Will the New ILR Rules Affect You?

Whether you’re halfway through your visa or just starting, timing matters. The government intends to apply the 2025 ILR changes to new applicants and many already living in the UK. Understanding how these reforms affect your current or future application is critical to protecting your path to settlement.

Are Existing Visa Holders Affected?

Yes, existing visa holders are likely to be affected. The 2025 White Paper confirms the government’s intent to apply the 10-year rule and earned settlement model broadly, including to migrants already on a 5-year ILR path. This means many individuals expecting to apply in 2026 or 2027 could now face a longer wait.

Transitional arrangements may be introduced, but no guarantees are in place. Those nearing the 5-year mark in 2025–2026 may qualify under current rules if they apply quickly. However, anyone earlier in their journey should expect to be reassessed under the new settlement criteria.

The uncertainty highlights the importance of taking action early, understanding your exact status, and preparing for potential documentation or language upgrades, particularly if you plan to apply for ILR within the next two years.

What You Should Do Now

Start by reviewing your current visa route and ILR eligibility date. If you are within 12–18 months of applying for settlement, consider gathering your documents and consulting with an immigration solicitor now. If your visa expires soon, your next extension could fall under the new 10-year regime.

Focus on building a strong case for earned settlement. Improve your English level to B2 or higher, begin volunteering, and maintain continuous employment or sponsorship. These steps may strengthen your position if the new rules apply partway through your journey.

Acting now is essential. If you’re unsure how these changes affect your case, Cromwell Wilkes can help you review your options, assess your timeline, and plan a secure strategy for ILR.

Speak to Cromwell Wilkes About Your ILR Route Today

The UK’s ILR process is becoming longer, stricter, and more complex. If you’re unsure how the new rules affect your visa route, Cromwell Wilkes is here to help. Our London-based immigration lawyers offer personalised support for skilled professionals, partners, and families preparing for settlement.

Please complete this form with as much information as possible for your consultation. This will enable your appointed Cromwell Wilkes lawyer to provide you with the best service and support. Rest assured that we will prioritise your inquiry, and you should receive a response within 24-48 hours.

FAQ – Indefinite Leave to Remain Rule Changes 2025

Will I still qualify for ILR after 5 years on a Skilled Worker visa?

No, not under the new rules. From 2025, most Skilled Worker visa holders will be required to complete 10 years of continuous residence before applying for Indefinite Leave to Remain (ILR). The five-year route will no longer apply unless you qualify for accelerated settlement under the Earned Settlement Scheme.

Can I still apply for ILR if my partner is a British citizen?

Yes. Partners of British citizens remain exempt from the 10-year rule. If you’re on a spouse or partner visa, you can still apply for ILR after five years, as long as you meet all standard requirements for residence, English language, finances, and the Life in the UK test. However, it is currently unclear whether this exemption also applies to partners of individuals with settled status.

What is the earned settlement scheme?

The earned settlement scheme is a new points-based system that allows migrants to apply for Indefinite Leave to Remain (ILR) sooner than 10 years if they meet specific contribution benchmarks. These may include working in critical sectors, earning a higher salary, volunteering, or demonstrating stronger English and civic integration.

Do these changes apply to current visa holders?

Yes, they likely will. The government has confirmed that many existing visa holders will be subject to the new ILR rules, including those partway through the current 5-year route. Transitional rules may apply, but no formal exemptions have been confirmed for applicants already in the UK.

Can I speed up ILR by volunteering or improving my English?

Yes. Under the earned settlement model, applicants may receive points for volunteering, higher-level English proficiency (B2 or higher), and community involvement. These contributions may help you qualify for ILR sooner than the standard 10-year waiting period. Building these into your profile now is a smart move.

When will the new ILR rules take effect?

The 10-year rule and earned settlement system are expected to be implemented sometime in 2026, following a formal consultation in late 2025. The rules are not yet law, but the government’s intention is clear. Migrants planning for ILR should prepare for these changes now.