New ILR rules

[cherrystrawberry777]

Just saw the below article which says that the government is going to change the ILR rule from 5 years to 10 years living in the country.

I moved to the UK on a spouse visa in December 2020 and about to apply for ILR in January 2026, and I am curious whether I will be still eligible for ILR under 5 years route? Are these changes done retrospectively?

https://news.sky.com/story/new-english- ... APxkhmOYJQ

[glas195]

The Spouse visa will still be 5 years for ILR. But it is just a white paper so things may change (hopefully they don't)

This is the complete white paper: https://assets.publishing.service.gov.u ... V8HWEhtTug

[ziggy98100]

Hey @glas195, what is your source that ILR will still be 5 years for Spouse visa?
I'm assuming if this is the case, then such provisions should apply to all other categories for people already in the UK.

[glas195]

I put the link of the immigration white paper above. Page 68, paragraph 265

"We will continue to offer a shorter pathway to settlement for non-UK
dependants of British citizens to five years, provided they have remained
compliant with their requirements, and we will retain existing safeguards to
protect the vulnerable, including settlement rights for victims of domestic
violence and abuse."

[glas195]

As for other paths to ILR, usually the law is not retrospective so they will continue to expect 5 years, but I can't tell for sure.

[ziggy98100]

Thanks glas195. I see that now.
Since the White paper is out and it's still inconclusive for people already here on a Skilled Worker Visa... do you have an idea when and where will we get clarity on this?

[glas195]

You're welcome. From what I get the timeline may be as follows (others can correct if they have more accurate dates/info)

12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.

Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.

April 2026 Main visa-rule changes and settlement clock switch take legal effect.

[academic711]

By the way is there anything in the white paper you found about ILR to citizenship? That is currently one year. Are there any suggestions to change it as well or that remains untouched?

[ziggy98100]

Thanks again glas195.
I am due to apply for ILR in November of 2026.. my dependants (wife and 2 kids) will need to apply for extension of their dependant visas at the same time, then ILR the year after. So i'm heavily concerned about this. We made life decisions, invested in our papers and built our lives according to the current rules. Doesn't make sense to make it applicable to existing migrants.

[glas195]

I'm sorry to hear that. This will truly be heartbreaking for most of us immigrants. Lets hope the new rules are not retrospective, fingers crossed.

[glas195]

By the way is there anything in the white paper you found about ILR to citizenship? That is currently one year. Are there any suggestions to change it as well or that remains untouched?

There is no explicit mention of waiting 12 months after obtaining ILR to apply for citizenship in the white paper. My understanding is that one may be able to apply for ILR and citizenship (perhaps right after ILR) after 10 years.
It also mentions shortening the 10 year period if you have made 'high contributions' to the British society

[Hma123]

Hi All,

After reading this post what I am thinking any rules implemented from april 2026 before that time rules still be 5 years for ILR?

My spouse here in UK from last 7 years she had extend few months before 5 years because 5 years was not completed and she can't apply ILR so I extend it she has now up to next may 2026 by that time she will be here for 8 years now she was eligible to apply for ILR but because of cost and she needs to pass the life in the UK it was just delayed now I am concerned if she has to wait further and I have to apply 1 more extension for her which will be a significant cost to do as well.

I have Nationality since 2019

Thanks

[academic711]

By the way is there anything in the white paper you found about ILR to citizenship? That is currently one year. Are there any suggestions to change it as well or that remains untouched?

There is no explicit mention of waiting 12 months after obtaining ILR to apply for citizenship in the white paper. My understanding is that one may be able to apply for ILR and citizenship (perhaps right after ILR) after 10 years.
It also mentions shortening the 10 year period if you have made 'high contributions' to the British society

The reason I asked is this. I and my dependents will apply for ILR next month- hopefully no changes by then. That means eligible for citizenship by June 2026- so hoping they don't extend the time for ILR to Citizenship

[glas195]

Hi All,

After reading this post what I am thinking any rules implemented from april 2026 before that time rules still be 5 years for ILR?

My spouse here in UK from last 7 years she had extend few months before 5 years because 5 years was not completed and she can't apply ILR so I extend it she has now up to next may 2026 by that time she will be here for 8 years now she was eligible to apply for ILR but because of cost and she needs to pass the life in the UK it was just delayed now I am concerned if she has to wait further and I have to apply 1 more extension for her which will be a significant cost to do as well.

I have Nationality since 2019

Thanks

Your wife can apply for ILR after being resident in the UK for 5 years, and right after that, citizenship. She does not have to wait the end of the current leave.

By your explanation, it seems she has already spent more than 5 years residency. If so, she can apply anytime from now.

[zimba]

Any such discussion should continue in one place.
We do not need multiple posts on this issue: https://www.immigrationboards.com/uk-se ... 54059.html