Rules tracker · reviewed 17 August 2026
New ILR rules: separate current law from proposals
“New ILR rules” is a search phrase, not a single legal rule. ILR (settlement) is decided under the Immigration Rules applicable on the application date. A speech, social post or consultation may foreshadow a change, but does not itself change eligibility. This tracker distinguishes law in force, published future changes, consultation proposals and unconfirmed claims.
Status board
| Status | Meaning | Use it how? |
|---|---|---|
| In force | Current Immigration Rules and route guidance. | Apply the exact appendix and facts. |
| Announced / future in force | Official rule text gives a later commencement or application date. | Prepare, but do not apply it early. |
| Consultation / proposal | Government is seeking views or describes a possible model. | Not current eligibility law. |
| Unconfirmed | No primary GOV.UK source or operative provision. | Do not alter plans because of it. |
What is in force now
There is no universal ILR route. A Skilled Worker applicant, family-route applicant and Long Residence applicant must each read the relevant appendix, Appendix Continuous Residence, Appendix English Language, Appendix KOL UK and suitability rules. The Immigration Rules are the starting point; an explanatory article is not a substitute for them.
Continuous residence illustrates why dates matter. The general rule normally limits absences to 180 days in any rolling 12-month period, subject to exceptions and transitions. For Long Residence, absences beginning before 11 April 2024 retain special treatment: an absence over 184 days, or a total over 548 days where reached before that date, can matter. Count actual departure and return dates rather than relying on a simple annual total.
Published future change: Skilled Worker English
Appendix Skilled Worker says that applicants applying for settlement on or after 26 March 2027 must show CEFR B2 speaking and listening, unless exempt. This is published with a future in-force date. It is not a requirement for an earlier application, and it is not proof that every ILR route has the same B2 rule. Check the route-specific English wording and the evidence rules that apply to your filing date.
Earned Settlement: consultation, not present law
The Earned Settlement consultation, published 20 November 2025, proposed a standard ten-year qualifying period with possible time adjustments for contribution and integration. It closed on 12 February 2026. At this review date it is a closed consultation/proposal, not an amendment that makes every route ten years, creates a legal “earned date”, or cancels an existing five-year route. The paper says EUSS settled status, Windrush settlement grants and people already holding settlement are out of scope; for other people, do not assume either transitional protection or its absence without final rule text.
Timeline
| Date | Event | Status |
|---|---|---|
| 11 April 2024 | Long Residence absence treatment changed, with date-sensitive legacy provisions. | In force. |
| 20 November 2025 | Earned Settlement consultation published. | Proposal. |
| 12 February 2026 | Consultation closed. | Still not implementation. |
| 17 August 2026 | This review. | Current appendices remain decisive. |
| 26 March 2027 | Skilled Worker B2 provision applies to applications on/after this date. | Future in-force date. |
Route impact
| Route | Check now | Do not assume |
|---|---|---|
| Skilled Worker | Appendix Skilled Worker, sponsor, salary and continuous residence. | A consultation already makes it ten years. |
| Long Residence | Appendix Long Residence and dated absence rules. | It is the same as earned settlement. |
| Family routes | The route’s own appendix and history. | A Skilled Worker English change governs it. |
| EUSS / existing ILR | Scheme or status documents. | The consultation changes status already held. |
Worked scenarios
Skilled Worker, January 2027: Sam reaches five qualifying years, has a compliant sponsor and correct salary evidence. The later B2 date is not yet triggered, but Sam must still meet all current requirements. Earned Settlement does not change the calculation today.
Skilled Worker, April 2027: Aisha expects to apply after the stated B2 date. B2 planning is sensible, subject to exemption and evidence rules. She must also verify sponsorship, salary, Life in the UK and absences; she cannot add or subtract years under a consultation proposal.
Long Residence with older travel: Leon has a 190-day trip beginning in 2023. His answer turns on the pre-11 April 2024 rules, leave history and exact dates, not a generic “180 days” slogan or earned-settlement headline.
What to do now
- Identify your route and earliest application date.
- Save the current official appendix and guidance with their update dates.
- Make a grant-by-grant residence timeline and trip-by-trip absence log.
- For sponsored work, obtain employer confirmation and check current settlement salary wording.
- Plan English and Life in the UK evidence early, particularly near 26 March 2027.
- Watch Statements of Changes and transition clauses; seek regulated advice for gaps, refusals or close dates.
Common misinformation
- “All ILR is ten years now” — not current law.
- “A closed consultation is law” — false.
- “Every route has one absence rule” — unsafe and often wrong.
- “An announced English change applies immediately” — false where a future trigger is stated.
- “Existing holders are automatically protected or caught” — unconfirmed without transition text.
FAQ
Have all ILR routes become ten years?
No current universal provision says this. Assess your present route under its appendix; the earned-settlement model remains a proposal.
Should I apply before a proposed change?
Check actual eligibility, the filing date and published commencement provisions first. A proposal alone cannot answer safely.
Where do I verify a claim?
Use the Immigration Rules, route appendix and official Statement of Changes or consultation page.
Reviewed 17 August 2026. Primary sources: Immigration Rules; Appendix Continuous Residence; Earned Settlement consultation.