Can you apply for UK settlement (ILR) early – Alex Piletska’s new article for Free Movement

3 February 2026

With major changes threatening to make the current simple five-year qualifying period to UK settlement more unforgiving and circuitous, many people are asking if they can apply for settlement (also known as indefinite leave to remain or ILR) early?

Alex Piletska answers the thorny question of what the best strategy may be for those already on an immigration route to settlement in the UK in immigration practitioners’ publication Free Movement today.

“In many cases, it is possible to apply for settlement before you complete your qualifying period, though for anything more complex than applying when you’re within 28 days of the relevant date, it might be a good idea to get advice from a good lawyer because the timings might catch you out,” writes Senior Associate Alex Piletska. “For anyone seeking to settle under the current rules ahead of the planned changes, it will all come down to timing and whether the new rules include transitional provisions.”

The UK government is proposing a major overhaul of the current, relatively predictable five‑year route to settlement. These reforms have major implications and the government has a current open consultation that all are invited to answer anonymously, with multiple-choice questions and opportunities to comment on issues such as what transitional arrangements should there be for those already in the UK on an immigration path that would allow them to qualify for settlement.

There is still time to respond before 12 February 2026, both as individuals and on behalf of your organisation. You can respond to the public consultation on the proposals through this link. You can read more about the proposals and questions in the consultation in our guide here to help formulate your responses.

Home Secretary Shabana Mahmood has set out proposals that would fundamentally change timelines and conditions for settlement.

The standard qualifying period for settlement would double from five to ten years spent in the UK on a route that leads to settlement, with up to 15 years for those in roles below RQF6 (sub‑degree level skillsets) and 20 years for refugees. The “earned settlement” proposals involve “earning” a shorter route through specified contributions. It is suggested that higher‑rate taxpayers (earning £50,270 or more) and highly skilled public servants, could reduce the proposed ten‑years by five years. The Home Secretary also proposes that those on Innovator Founder or Global Talent visas, or earning above £125,140, settle in three years. Community volunteering and higher English language attainment (advanced C1) also shorten the route.

Lower‑skilled workers, those who break immigration rules or claim public funds face many more years – even decades – of repeat visa applications before they can settle. A six-month period of overstaying, which can happen easily if people misunderstand rules, could add 20 years on top of a ten‑year route.

It is proposed that new baseline requirements for settlement include three to five years of National Insurance contributions (earning over £12,750), no outstanding government debt, a clean criminal record and B2 English language (equivalent to a foreign language A-level).

Some groups – such as those on the EU Settled Status route, certain family members of British citizens and people on the Hong Kong BN(O) scheme – are exempt from changes to the current five-year route.

Given the enormous changes to qualifying for settlement, which will start being phased in perhaps as early as April many people who expect to be negatively affected by the proposed changes are looking at the possibility of applying for ILR early. You can read Alex’s conclusions about what may be strategic in the link below.

Please contact us if you are concerned or would like to discuss these or any other UK immigration, nationality, right to work and sponsorship procedures and compliance issues. You can use the form below, email one of our lawyers or call 0207 033 9527.

Alex Piletska is a Senior Associate at Vanessa Ganguin Immigration Law. She specialises in a wide range of private immigration, including complex human rights cases, skilled migration and everything in between. She has a particular interest in complex citizenship and nationality cases, vanishingly tricky Adult Dependent Relative applications, Judicial Review and technical procedural issues like validity and variations. Alex often writes and comments on UK immigration issues in the media. 

Photo of London mural by Pranav Thombare / Unsplash