On 2 November 2026 the Home Secretary confirmed that indefinite leave to remain (ILR) will be earned, not granted almost automatically after 5 years. The default becomes 10 years. You can settle sooner if you earn enough or work in a listed public service role, and time on Student and Graduate visas does not count. This guide sets out what is confirmed, what is not, and what Indian Skilled Worker and Health and Care visa holders can do now.
Key Takeaways
- Default: 10 years. Faster: 5 years (at least GBP 50,271 in 3 of the 5 years before applying, listed public service roles, British connection) or 3 years (at least GBP 125,141 in 3 of the 4 years).
- Everyone needs B2 English unless exempt, the Life in the UK test, no criminal record, no government debt and earnings of at least GBP 12,571 a year.
- Student and Graduate time does not count. No start date and no final rules have been published.
What the Home Secretary Confirmed
The Home Office published a news story, "Home Secretary unveils new rules for migrants settling in the UK", and its response to the November 2025 consultation, "A Fairer Pathway to Settlement". Settled status already held will not be removed. The response sets four qualifying periods:
| Qualifying period | Who it is for | Main test |
|---|---|---|
| 3 years | Highest earners; the "Highest Talent Group", marked as subject to review | At least GBP 125,141 in 3 of the 4 years before applying |
| 5 years | Higher earners, listed health and education roles, British connection | At least GBP 50,271 in 3 of the 5 years before applying, or 5 years in a listed public service occupation, or partner, parent or child of a British citizen |
| 10 years | The default | At least GBP 12,571 in 5 of the 7 years before applying |
| 20 years | Adult immigration breach, or specified public funds used and no exemption | At least GBP 12,571 in 5 of the 7 years, plus all conditions |
The thresholds follow income tax thresholds and will move with them. The news story says "more than GBP 50,271", while the response says "at least". We use the response's wording; confirm the edge when the Immigration Rules appear. The "best years" approach means one weak year does not reset your path. For example (ours, not the Home Office's), a worker paid GBP 44,000 in years 1 and 2 and GBP 52,000 in years 3 to 5 meets the 5-year earnings test. The same worker paid GBP 44,000 throughout does not. How bonuses or second jobs are counted is not set out in the pages we read.
The Conditions Everyone Must Meet
- English at B2, replacing B1 for most work routes. Exempt: children, people aged 65 or over, and people unable to meet it because of a physical or mental condition.
- Life in the UK test, with existing exemptions.
- No criminal record. Any adult with a UK criminal record is refused, including court-imposed fines, community sentences and conditional cautions. Overseas convictions count where the conduct is an offence in the UK, with some discretion.
- No government debt, including NHS debt, unpaid tax and National Insurance, and Home Office litigation debt.
- Public funds. Using specified public funds in the 5 years before applying moves you to the 20-year path. Which benefits count is still to be set out.
Which Time Counts
Counts: Skilled Worker, Global Talent, Scale-up, Innovator Founder, International Sportsperson, UK Ancestry, and family partner and parent routes. Does not count: Visit, Student, Global Business Mobility, Temporary Worker routes, Youth Mobility, Graduate and High Potential Individual, and Leave Outside the Rules.
The Long Residence route, which today lets 10 years of lawful residence lead to settlement, will close. For an Indian student, years on a Student visa and an 18-month Graduate visa do not build towards ILR. See our guide to the January 2027 intake and the Graduate Route.
People Already in the UK
The response says being in the UK gives no automatic right to settle under the rules that applied on arrival. The Home Office says rules apply "at the point of application". Protections are limited to defined groups:
- Care workers who entered or switched into the route before May 2025 keep the 5-year period if they meet the GBP 25,000 salary, sponsorship and employment tests. If they do not, they can apply for a further 5-year Health and Care visa. Later entrants follow the 10-year default.
- Health and education staff below degree level on national pay scales, such as nursing auxiliaries and teaching assistants, who arrived before May 2025 keep a 5-year route.
- Pre-April 2024 Skilled Workers in jobs below degree level (RQF 6) can extend on current terms until 2035.
- Family of British citizens, BN(O) holders and armed forces members keep their pathways, with the new criminality and B2 standards.
A Skilled Worker in a degree-level job who falls into none of these groups should plan on the earnings test and the 10-year default. The response gives no worked rule for crediting time already served, so wait for the Immigration Rules.
What It Means for Each Route
| Route | Counts? | Likely path |
|---|---|---|
| Skilled Worker | Yes | 10 years by default; 5 or 3 years on the earnings tests; 5 years in a listed public service role |
| Health and Care (doctors, nurses, other listed roles) | Yes | 5 years if other requirements are met |
| Care worker | Yes | Before May 2025: 5 years at GBP 25,000. After: 10 years |
| Global Talent, Innovator Founder, Scale-up | Yes | 3-year Highest Talent Group path under review; gov.uk still shows 3 or 5 years today |
| Student and Graduate | No | Time does not count |
Annex C lists the public service roles: doctors, registered nurses, midwives, pharmacists, paramedics, social workers and teachers. gov.uk lists care workers (codes 6135 and 6136) only among jobs you can extend, update or switch into. For current salary rules see our Skilled Worker visa page.
The B2 English Date
Statement of Changes HC 1691, published on 5 March 2026, raises settlement English from B1 to B2 for Skilled Worker, Global Talent, Scale-up, Innovator Founder and other routes. Its explanatory memorandum says it applies from 26 March 2027, including to people already on a pathway. Appendix English Language today accepts an approved test passed in the 2 years before applying, or a UK bachelor's, master's or doctorate. India is not on its list of majority English-speaking countries. Whether these methods carry over is not yet confirmed.
What is still unknown
The start date, the final rules wording, how the Highest Talent Group is defined, which benefits count as public funds, and how time already served is credited. Because applications are ordinarily decided under the rules in force at decision, anyone already eligible under the current 5-year rules should take advice on applying sooner. That is our reading, not a Home Office statement.
What Indian Skilled Workers Should Do Now
Confirm your route and start date
Separate any Student or Graduate time, which will not count.
Check pay against GBP 50,271
Keep payslips and P60s, and count the years at each threshold.
Check Annex C and your entry date
Public service and care worker protections depend on both.
Plan B2 English and clear debts
Time any test within 2 years of applying, and settle NHS, tax or Home Office debts.
Plan Your UK Settlement Date
Our reference page explains the rules route by route.
UK Earned Settlement ExplainedFrequently Asked Questions
What is the new default qualifying period for UK indefinite leave to remain?
Ten years, as confirmed on 2 November 2026. You can qualify after 5 years with earnings of at least GBP 50,271 in 3 of the 5 years before applying, in a listed health or education role, or with a British connection. The 3-year path needs at least GBP 125,141 in 3 of the 4 years before applying.
Can a Skilled Worker still get ILR after 5 years?
Only by meeting a 5-year test. A worker paid the general minimum of GBP 41,700 is below GBP 50,271 and would normally be on the 10-year default unless the job is a listed public service role. gov.uk's visa pages still show 5 years because the new Immigration Rules are unpublished.
Does time on a Student or Graduate visa count towards settlement?
No. The response lists Student and Graduate among the routes that do not count and closes the Long Residence route. Your settlement clock starts when you move onto a route that counts, such as Skilled Worker.
What English level is needed for ILR?
B2 is the standard, with exemptions for children, people aged 65 or over, and people with a physical or mental condition. HC 1691 puts B2 in speaking and listening into the Skilled Worker settlement rules for applications made on or after 26 March 2027.
Do the new rules apply to people already in the UK?
Yes, unless a targeted protection applies. The response says applications are ordinarily decided under the rules in force at the date of decision, and the transitional arrangements are not a general exemption.
When do the new settlement rules start?
No start date appears in the news story, the consultation page or the government response. They say detailed rules, guidance and an impact assessment will be published before implementation.
Will my spouse and children settle with me?
A partner arriving with you can settle at the same time. A partner who joins later needs the same qualifying period from their own arrival. Children under 18 are exempt from the income, debt, English and Life in the UK requirements.
Sources
Based on these official pages, opened on 6 November 2026.
- Home Secretary unveils new rules for migrants settling in the UK: https://www.gov.uk/government/news/home-secretary-unveils-new-rules-for-migrants-settling-in-the-uk
- Earned settlement (consultation and government response): https://www.gov.uk/government/consultations/earned-settlement
- A Fairer Pathway to Settlement: Government response (PDF): https://assets.publishing.service.gov.uk/media/6ae90b0e5b14ba0182a272a4/A_Fairer_Pathway_to_Settlement_-_Government_response_to_the_consultation.pdf
- Statement of changes to the Immigration Rules: HC 1691: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1619-5-march-2026
- Immigration Rules Appendix English Language: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-english-language
- Skilled Worker visa: https://www.gov.uk/skilled-worker-visa
- Health and Care Worker visa: https://www.gov.uk/health-care-worker-visa
- Global Talent visa: https://www.gov.uk/global-talent