What happens if ILR rules change mid-application?

What has been proposed (PROPOSED — NOT YET IN FORCE)

In November 2025 the Government consulted on an 'earned settlement' model. It proposes increasing the standard qualifying period for indefinite leave to remain from five years to ten, with the period shortened or lengthened according to factors such as income, English language ability and contribution. The consultation closed in February 2026.

What has not happened yet

As of the date this page was reviewed, the new rules have not been laid before Parliament and no start date has been set. In September 2026 the Home Secretary told the Home Affairs Committee that the policy would be set out later in the year, in good time before February 2027. Decisions on transitional protection for people already on a five-year route had not been made.

Which rules apply to your application?

When the Immigration Rules change, the relevant Statement of Changes normally specifies when the new rules take effect and whether transitional arrangements apply to applications made before that date. The effect therefore depends on the wording of the particular rule change rather than on a universal rule that the law is frozen on the date of application.

What you can do now

• Work out exactly when you first become eligible under the current rules, including whether your route permits an application up to 28 days before you complete the qualifying period.
• Keep your absences, employment and English language evidence up to date.
• Avoid gaps in lawful residence — these can reset your qualifying period.
• Take advice as soon as the Statement of Changes is published if you are close to your eligibility date.

We will update this page when the Government publishes the final rules.

Figures checked against GOV.UK and legislation.gov.uk on 3 October 2026. Fees and rules change; always confirm the current position on GOV.UK before applying.