The standard qualifying period will be increased from 5 years to a baseline of ten years; this however can be increased or decreased depending on various factors some of which are mentioned below:
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Settlement
Settlement also known as Indefinite Leave to Remain (ILR) is a form of permanent residence which allows you to live in the UK without any time restrictions or conditions. There are different ways to apply for ILR depending on the type of visa or leave you hold. Under many standard routes (including the worker visa, spouse visa, and some family-based routes), you can usually apply for ILR after 5 years’ continuous residence in the UK. In most cases, once you have held ILR for 12 months, you may then be eligible to apply for British citizenship (subject to meeting the nationality requirements).
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Settlement Qualifying
What is Settlement?
Settlement:
- Allows you to live, work, and study in the UK
- May allow you to apply for British citizenship once you have lived in the UK for 5 years and held ILR for 12 months
- If you have EU Settled Status (under the EU Settlement Scheme), you can usually apply once you have lived in the UK for 5 years, and it is free to apply.
Settlement Requirements:
- Meet the English language requirement (B1 level minimum, increases to B2 from 26 March 2027)
- Pass the Life in the UK test
- Be of good character
Call the Immigration Team Changes to Settlement
The Home Office has announced proposals to reform how people qualify for settlement (ILR), sometimes referred to as an “earned settlement” model. The proposals indicate a shift away from settlement being primarily based on time spent in the UK, towards a system where eligibility may also reflect factors such as conduct, contribution, and integration. Published proposals suggest the standard qualifying period for many routes could increase from 5 years to a 10-year baseline, with the baseline potentially adjusted depending on individual circumstances.
Factors proposed to reduce the length of residence required for settlement:
- A strong contribution to the UK economy
- Higher English language ability (for example, C1 level under the Common European Framework of Reference for Languages)
- Community contribution (for example, volunteering)
- Certain family-route applicants (for example, parent/partner/child routes) meeting the core requirements
Factors proposed to increase the length of residence required for settlement (illustrative only):
- A history of unlawful entry or unlawful residence (for example, entering the UK illegally)
- Receipt of public funds where this is relevant to the rules for the route (subject to final policy)
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Visa Routes
Certain visa routes will remain on the 5-year route to settlement such as those on the spouse visa route. The changes announced are complex and failure to comply with the correct requirements at the time of application may result in a refusal with no refund of the Home Office fees paid. At Ridley and Hall we keep up to date with the changes and provide advice on the immigration rules relevant at the time of your application, ensuring you are fully supported throughout the process. Contact our team today for an initial free consultation.
Call the Immigration Team “We understand how overwhelming immigration rules and policies can feel for individuals and families, we are therefore committed to being empathetic to your needs, giving clear and supportive advice. We’re easy to reach and easy to talk to.”
Misbah Mohammed
Solicitor
Settlement
Frequently Asked Questions
How long do I need to live in the UK before applying for settlement?
Most applicants can apply for settlement after five years of continuous residence under an eligible visa route. However, some routes may have longer qualifying periods, such as ten years under the long residence route.
Does settlement mean I am a British citizen?
No. Settlement allows you to live permanently in the UK, but it is not the same as citizenship. After holding Indefinite Leave to Remain for a qualifying period, you may be able to apply for British citizenship if you meet the requirements.
Can I lose my Indefinite Leave to Remain?
Yes. Indefinite Leave to Remain can be lost if you spend more than two consecutive years outside the UK, or in certain circumstances involving serious criminal offences.
How long does a settlement application take?
Settlement applications submitted within the UK are usually processed within several months, although some applicants may be eligible for priority services that provide faster decisions.
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