Earned Settlement Delayed - ILR Qualifying Period Change Pushed to Autumn 2026

05 Mar 2026

If you have been worried about the proposed change to double the ILR qualifying period from 5 years to 10 years, there is some breathing room. The "earned settlement" changes were not included in the March 2026 Statement of Changes (HC 1691) and have been pushed back to Autumn 2026.

The delay is due to requirements for additional Parliamentary scrutiny. The Home Office consultation on earned settlement closed on 12 February 2026, and a government response is expected around May 2026. Even after that, the actual rule changes will need to go through Parliament before taking effect.

What this means for you. If you are currently on a 5-year route to ILR (BNO, Skilled Worker, or Family visa), the existing 5-year qualifying period still applies today. No one's timeline has changed yet. However, if the proposals do go ahead as outlined in the consultation, the standard qualifying period would rise to 10 years for most routes — though BNO holders and families of British citizens may retain a shorter path.

What to do now. If you are approaching your 5-year ILR eligibility date, there is no immediate rush caused by this delay. But keep tracking your absences carefully — the rules could change later this year. We will post updates as soon as the government publishes its consultation response.

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