The Home Office has launched a consultation on the proposed reforms to obtaining settlement (known as indefinite leave to remain) in the UK, as first mooted in May’s Immigration White Paper. The consultation sets out that the baseline timeframe for obtaining settlement will be extended from five years (as is the current requirement for most immigration routes that permit settlement) to ten years. Under the proposals being consulated on, in some cases people will be able to ‘earn’ the right to qualify for settlement in less than ten years by showing contributions (e.g. tax contributions, volunteering). However, in other cases, the timeframe for settlement will be extended upwards from ten years, in some cases potentially having a 30-year qualifying period.
The proposals represent a significant change to the settlement rules, particularly as they may affect persons who have already moved to the UK and started the visa journey to settlement expecting to be able to obtain settlement after a five-year qualifying period. Those who have already obtained settlement will be unaffected by any changes.
It is very important to note that the consultation document is clear that the EU Settlement Scheme will be unaffected by any changes that are implemented following the consultation:
In line with the UK’s obligations under the Withdrawal Agreement, settled status under the EU Settlement Scheme (EUSS) is out of scope for both this consultation and the planned reforms. Grants of settlement related to the Windrush Scheme are also out of scope for both this consultation and the planned reforms. There will be no changes implemented for either scheme in relation to the settlement reforms.
As noted, the Withdrawal Agreement between the EU and the UK underpins the EUSS and therefore, changes to the UK’s domestic immigration policy do not affect the EUSS. This means the timeframe to acquire settled status under the EUSS will remain at five years of residence in most cases (in some limited cases settled status can be granted with less than five years residence). Family members who have been sponsored to join EU citizens in the UK and who arrived from 1st January 2021 – who either hold pre-settled status or a an EUSS Family Permit – can also qualify for settled status under the EUSS after five years of continuous residence as a sponsored family member.
EU citizens who have moved to the UK from 1st January 2021 under the post-Brexit immigration system (i.e. not under the EUSS) and who have not yet been granted settlement could be affected by any changes to the settlement rules introduced following the consultation. Anyone wishing to submit a response to the consultation can find the online response link here; the consultation closes on 12 February 2026.
You can read more about qualifying for settled status if you have pre-settled status here. If you have not yet been granted status under the EUSS but you think you qualify, you should make a late application to the EUSS showing you have reasonable grounds for missing the deadline (read more about late applications here). r their incredible work and dedication!
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