Major ILR Changes Incoming – A Moment Of Unprecedented Shift

The government has signalled a seismic shake-up of the UK's settlement landscape for skilled migrants. In a recent parliamentary debate, the Migration Minister confirmed that the proposed standard qualifying period for Indefinite Leave to Remain (ILR) could be extended from five years to ten years for most immigration routes.

Even more startlingly, the Migration Minister indicated that these changes might apply to people already in the UK, not just to new entrants, a position that would represent an unprecedented departure from normal Home Office practice.

Traditionally, retrospective rule changes that affect those already on a route have been avoided, precisely to protect fairness and legal certainty.

If implemented as described, this could fundamentally alter the expectations of thousands of migrants who are part-way through their five-year route to settlement and could also impact employers' workforce and retention planning in profound ways.

What's Changing And What We Still Don't Know

What has been proposed:

• The baseline route to settlement under the Points-Based System would move from five to ten years' residence.
• A new "earned settlement" model may allow earlier ILR for those who demonstrate higher levels of contribution through longer employment, higher earnings, community involvement, or consistent National Insurance payments.
• A formal consultation process is now underway, opened on 21 October 2025, to gather views on the shape, fairness, and implementation of this proposal.

You can read the Home Affairs Committee announcement and submit evidence directly to the inquiry here:

New Inquiry: Routes to Settlement – Home Affairs Committee (UK Parliament)

Why This Is Unprecedented And Why It Matters

The Home Office rarely makes retrospective immigration changes that affect people already on a route. Doing so risks undermining the principle of legitimate expectation, the idea that those who enter a route under published rules should be able to rely on them.

This proposed shift therefore raises serious questions:

• Fairness: People who came to the UK and have lived, worked, and contributed under a five-year expectation could suddenly face another five years before settlement.
• Business certainty: Employers who sponsor staff on long-term work visas may face added costs and uncertainty in retention planning.
• Public confidence: Retrospective changes erode trust in the immigration system, which depends on predictability and integrity.

Put simply, the Home Office would be rewriting the rules of the game mid-match, something it has almost never done before.

What You Can Do Now – Have Your Say

This is a critical moment to speak up. The consultation phase means the government is actively inviting feedback from employers, legal professionals, migrants, and the public.

You can:

1. Submit evidence or views to the Home Affairs Committee using this link:
   https://committees.parliament.uk/committee/83/home-affairs-committee/news/209752/new-inquiry-routes-to-settlement/
2. Contact your local MP. This is your opportunity to influence the shape of the final policy.
3. Assess eligibility under the current rules – individuals close to completing five years in the UK may wish to apply for ILR before any changes are enacted.
4. Prepare for "earned settlement. Advise clients to maintain clear records of employment, tax contributions, and community involvement, factors that could prove decisive if the new model is introduced.

The message is clear: now is the time to make your voice heard before the rules are finalised.

What are the arguments for and against it?

In favour:

• The government argues the change will make settlement more selective, reward contribution, and reduce long-term immigration numbers.
• It aligns with a narrative that settlement is a privilege to be earned, not an entitlement.
• A consultation process allows the public and key stakeholders to shape how fairness and contribution are defined.

Against:

• The lack of clarity over retroactive application risks breaching public trust and could invite legal challenges. It also calls into question the fairness of retrospectively changing the rules.
• Employers and migrants alike face huge uncertainty with relocation decisions, investments, and family plans thrown into doubt.
• From a political perspective, such sweeping change, especially if applied retrospectively, could backfire dramatically.

If the Home Office is truly considering a retrospective overhaul, it may be playing with fire, or may have just come up with an idea that gives the British public faith in the immigration system.

Final Thoughts

This moment marks one of the most significant potential shifts in UK immigration law in decades. The idea that everyone, even those already on the five-year route, might now need ten years for ILR is nothing short of transformative and controversial.

The consultation opened on 21 October 2025, and your feedback matters. Whether you are an employer or migrant, use this opportunity to shape the future of the settlement system.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.