By Mr JP Breytenbach
Director | Breytenbachs Immigration Consultants
For most of 2026, people on a route to indefinite leave to remain (ILR) have been asking the same question: when will the settlement rules change? In September, the Home Secretary gave the clearest indication yet. The detail is still missing, but the timetable, and one important statement of intent, are now on the record.
What the Home Secretary told MPs
Shabana Mahmood gave evidence to the House of Commons Home Affairs Committee on 15 September 2026. On earned settlement, she made four points of practical importance.
- Timing. The new settlement policy will be set out later this year. She acknowledged that a large group who arrived in 2022 would, without any change, begin to qualify in February 2027, and said the policy would be announced in good time before then.
- Which rules apply. In her words: “the rules that apply to you are the rules in force at the point of your application, not when you arrived in the country. That will continue to apply in the normal way.”
- Transitional protection. No decision has been made. The options, she said, range from “passporting certain cohorts through, so no change, and they still qualify at five years” to “different options for what you might do with other cohorts over a longer period”.
- No firm date. She did not name one. The consultation drew “many more responses than we thought”, she said, and the analysis and modelling had taken longer as a result. The Home Office said in March that more than 200,000 responses were received.
What is proposed
The consultation, which closed on 12 February 2026, proposed replacing automatic settlement after a fixed period with an “earned” model: a 10 year baseline in place of five, longer periods for some (15 years for those sponsored in roles below degree level, and 20 years for those who have relied on public funds for more than 12 months) and shorter periods for others, such as higher earners. We set the proposals out in full in our August edition. People who already hold ILR are outside their scope.
What has not changed
As at the date of writing, no rules implementing earned settlement have been laid before Parliament. The autumn Statement of Changes (HC 584), laid on 3 September 2026, did not include them. The five year qualifying period on routes such as Skilled Worker and the partner route therefore still stands for anyone applying now.
A correction to our August edition. In August we said that the Immigration and Asylum Bill would be the vehicle for earned settlement. That was incorrect. Earned settlement will be introduced through changes to the Immigration Rules, not through the Bill.
The Bill deals with appeals, Article 8, protection status, asylum support and modern slavery, and its Explanatory Notes list settlement among the reforms being taken forward outside it.
One change is already confirmed. From 26 March 2027, the English language requirement for settlement rises from B1 to B2 across most routes (Statement of Changes HC 1691, laid on 5 March 2026). It will apply to people already on a route to settlement who apply on or after that date.
Why the date of application matters
If the Home Secretary’s statement holds, a person who meets every requirement of the current rules, and applies before any new rules take effect, would be assessed under the current rules.
The law itself does not guarantee this. Unless a Statement of Changes says otherwise, a change to the Immigration Rules applies to applications still undecided when it takes effect.
In practice, Statements of Changes almost always provide that applications made before the change are decided under the old rules, and that is what the Home Secretary’s statement points to. But it will be the transitional provision in the eventual Statement of Changes, not the statement to MPs, that decides it.
By convention, Statements of Changes are laid at least 21 days before they take effect, and this year’s have followed that pattern, although the convention has been departed from before.
The Home Office has also told a House of Lords committee that it intends to move to four scheduled sets of rule changes a year. Both points suggest there should be some notice, but neither is a guarantee.
We would add a caution. Applying early simply to beat a change is risky if you do not yet meet every requirement: a refusal costs the fee and may leave a mark on your immigration history.
The better course is to be ready. Know your qualifying date and have your evidence in order, so you can act promptly when the time comes.
The proposals remain contested. The TUC voted on 14 September to call for their withdrawal, and on 16 September the Royal College of Nursing called for them to be scrapped. None of this means the proposals will be dropped, but the final policy may differ from the consultation.
What you can do now
- Work out your qualifying date precisely. Count from your first grant on a qualifying route, and check whether time on earlier routes counts.
- Check your absences. Continuous residence problems are among the most common reasons settlement applications run into difficulty.
- Plan for English. If your application may fall after 26 March 2027, identify now whether you will need B2.
- Assemble your evidence early. Payslips, bank statements, tenancy or mortgage documents and employer letters take time to gather.
- Do not assume you will be protected. Transitional arrangements are undecided. Plan on the basis of the rules as they stand.
We will report on the policy as soon as it is announced.
If you are approaching five years in the UK, or your qualifying date falls in 2027, we can review your timeline, absences and evidence now, so you are ready to act as soon as the policy is published.
Contact your usual BIC adviser or email
info@bic-immigration.com.
Author and Editorial Oversight
Author
Mr JP Breytenbach
UK Solicitor | Director, Breytenbachs Immigration Consultants
Mr JP Breytenbach is a UK-admitted solicitor with extensive experience in British nationality and immigration law. He advises multinational employers, high-net-worth individuals and internationally mobile professionals on complex UK immigration matters, including sponsor compliance, settlement pathways and British citizenship applications under the British Nationality Act 1981.
Editorial Oversight
Hannes Breytenbach
Founder | Breytenbachs Immigration Consultants | Attorney of the High Court of South Africa
Hannes Breytenbach is the founder of Breytenbachs Immigration Consultants and an attorney of the High Court of South Africa. Over several decades, he has developed an international immigration advisory practice assisting individuals, families and multinational organisations with complex cross-border immigration strategy and long-term immigration planning.
Disclaimer
This article is provided for general information only and does not constitute legal advice. Immigration law changes frequently and individual circumstances vary. Specific advice should be sought before taking action.
