If you are approaching indefinite leave to remain and have heard that the five-year route has been replaced by a ten-year route, there is an important distinction to make.
The Government intends to change the settlement system.
But the proposed ten-year standard qualifying period is not currently in force.
The Home Secretary confirmed this month that the Government expects to announce its new earned-settlement policy later this year. One of the biggest questions — what happens to people who are already in the UK and working towards settlement — has still not been decided.
For anyone approaching ILR, it is important to separate the Immigration Rules that apply today from proposals that may become law later.
What are the rules now?
Indefinite leave to remain gives a person permission to live in the UK without a time limit.
Different immigration routes have different settlement requirements.
For example, a Skilled Worker will normally qualify for settlement after five years if the requirements of that route are met.
There are also five-year family routes for qualifying partners and parents, while some people are on ten-year family or private-life routes. Long residence has its own ten-year qualifying period, and some immigration categories provide shorter routes to settlement.
There is therefore no single five-year ILR rule applying to everyone.
The important point is that the Government has not yet replaced the existing settlement structure with its proposed ten-year earned-settlement model.
If someone is eligible to apply for settlement now, their application is considered under the Immigration Rules currently in force.
What is earned settlement?
The Government published its earned-settlement proposals in November 2025.
The central proposal was to increase the standard qualifying period for settlement from five years to ten years for many migrants.
Ten years would not necessarily be the final period for everybody.
The proposed system would allow the qualifying period to move up or down according to factors including a person's contribution, immigration history and circumstances.
The consultation proposed mandatory requirements relating to character, English language, the Life in the UK test, economic contribution and certain debts owed to the Government.
It also considered circumstances in which the ten-year starting point could be reduced.
Higher taxable earnings, certain public-service roles and other forms of contribution were among the matters considered.
Conversely, some circumstances could result in a longer route to settlement.
These were consultation proposals. They should not be treated as though they are the current Immigration Rules.
What did the Home Secretary say in September?
On 15 September, Home Secretary Shabana Mahmood gave evidence to the House of Commons Home Affairs Committee.
She confirmed that the Government still intends to introduce a new model of earned settlement and expects to set out the policy later this year.
She also acknowledged a practical problem.
A significant number of people who arrived in the UK in 2022 will begin reaching the end of five-year qualifying periods during 2027.
Those people need to know whether they will continue under the existing system or whether some form of the new settlement regime will apply to them.
The Home Secretary said the Government intends to provide certainty before that point.
But she did not announce the final rules.
What happens to people already on a five-year route?
This remains one of the most important unanswered questions.
The original consultation specifically asked about transitional arrangements.
That matters because there are people who came to the UK, obtained immigration permission and have spent several years working towards settlement on the basis of the existing rules.
During her September evidence, the Home Secretary confirmed that different forms of transitional protection are still being considered.
One possibility she identified was allowing certain groups to continue to settlement after five years. Other groups could be dealt with differently.
No decision has yet been announced about which groups, if any, will receive that protection.
Anyone stating categorically that every existing visa holder will move to ten years is therefore going further than the Government's current position.
Equally, somebody already on a five-year route should not assume that they are guaranteed to remain under that route after the Rules change.
We do not yet have the final answer.
Why the date of application could matter
Another part of the Home Secretary's evidence deserves attention.
She told the Committee that the Immigration Rules applying to a person are the rules in force when they make their application, rather than necessarily the rules that existed when they first came to the UK.
That makes the eventual commencement provisions and transitional arrangements particularly important.
The final Statement of Changes will need to be examined carefully when it is published.
It will not be enough simply to read the headline announcement that accompanies it.
The Rules will need to tell us when the changes take effect, which immigration routes are affected and whether people already progressing towards settlement are protected.
Should you apply for ILR now?
If you already qualify for settlement under the current Immigration Rules, your eligibility should be assessed against the rules that apply now.
There is no new ten-year baseline currently preventing an otherwise eligible applicant from applying under an existing five-year route.
That does not mean everybody approaching five years should immediately submit an application.
The normal requirements still have to be satisfied.
Depending on the route, those can include the qualifying period, continuous residence, immigration status, salary or employment requirements, English language, the Life in the UK test and suitability requirements.
Applying before the requirements are met can create a different problem.
The sensible starting point is therefore to establish the earliest date on which you qualify under your existing route and whether you meet the requirements for settlement.
What should people approaching settlement do now?
Know your immigration history.
Check when your current route began and whether all of your previous immigration permission counts towards the settlement route you intend to use.
Check your absences from the UK.
Keep your previous passports, immigration decisions and evidence of your status.
If you are on a work route, retain the employment and salary information you are likely to need.
If you are approaching the end of your qualifying period, establish your eligibility before the Government announces the new Rules rather than trying to reconstruct several years of immigration history afterwards.
Most importantly, do not make decisions based on social-media headlines saying that the five-year route has already disappeared.
It has not.
But neither should the proposed reforms be ignored.
What happens next?
The earned-settlement consultation closed in February 2026.
The Home Secretary has now said that the Government will announce its policy later this year and that decisions on transitional arrangements are still being made.
After that, the detail will matter.
We will need to see the final policy and, ultimately, the Immigration Rules implementing it.
Until those changes are made, applications continue to be determined under the settlement rules currently in force.
Flashpoint Legal
Flashpoint Legal advises individuals and families on indefinite leave to remain, immigration extensions and settlement planning.
If you are approaching settlement and are concerned about the proposed earned-settlement changes, we can review your immigration history, identify your current route to settlement and advise on when you are eligible to apply.
If you expect to qualify for ILR during 2026 or 2027, contact Flashpoint Legal for advice on your current position rather than relying on speculation about the proposed rules.
Important: This article is for general information and is not legal advice. The earned-settlement proposals discussed above have not yet replaced the existing settlement rules. Immigration Rules can change, and advice should be based on your individual circumstances and the Rules in force when you apply.