Published: 24 June 2026 | Reading time: 8 minutes | Category: Immigration Law
Hundreds of thousands of migrants across the UK woke up to significant news on 23 June 2026. The House of Lords Justice and Home Affairs Committee published a landmark report — Settlement, Citizenship and Integration — calling on the Government to abandon its plans to extend the standard ILR qualifying period from five years to ten years.
If you are on a Skilled Worker visa, a family visa, or any other route to settlement, this report matters. The Lords have delivered a powerful intervention that could reshape the UK’s entire earned settlement framework before it ever becomes law.
Here is a plain-English breakdown of everything the report says, who it affects, and what you should be doing right now.
What is the ILR 10-year rule — and where did it come from?
Indefinite Leave to Remain (ILR) is the immigration status that allows you to live and work in the UK permanently, without the restrictions of a time-limited visa. Most migrants on work or family routes can currently apply for ILR after five years of continuous lawful residence.
In May 2025, the Government’s Immigration White Paper proposed a sweeping overhaul: a new “earned settlement” model that would double the standard qualifying period to ten years for most migrants. Under this framework, settlement would no longer follow automatically from time in the UK — it would need to be actively earned, based on income, English language level, employment record, and compliance with immigration rules.
The proposals immediately generated over 200,000 consultation responses — one of the largest responses to any government consultation in recent years. The consultation closed in February 2026, and the Home Office has been analysing the responses ever since.
As of 24 June 2026, the earned settlement rules are not law. All existing five-year and ten-year ILR routes remain fully in force.
What has the House of Lords Justice and Home Affairs Committee said?
The Justice and Home Affairs Committee is a House of Lords Select Committee with the constitutional power to scrutinise Government legislation and demand a formal ministerial response. Its 23 June 2026 report, Settlement, Citizenship and Integration, is the most authoritative independent assessment of the earned settlement proposals yet published.
The report’s findings are significant and wide-ranging.
The Committee urges the Government not to extend ILR to ten years
The central recommendation is clear: the Committee does not support extending the standard qualifying period from five to ten years. The report argues that longer waiting periods would undermine integration, increase poverty among lower-income migrants, and create prolonged uncertainty for families and employers.
This is a direct challenge to the Government’s flagship immigration policy — and it carries political weight that isolated campaign groups cannot match.
No retrospective changes — your existing route should be protected
The Committee firmly opposes applying the new ILR rules to people already living in the UK on existing visa routes. In plain terms: if you arrived in the UK under the current five-year rules, the Lords are saying those rules should apply to you.
The report specifically highlights the position of Hong Kong BN(O) visa holders, noting that previous Government assurances had promised a clear route to citizenship. Retrospective rule changes, the Committee warns, would damage the UK’s international reputation and deter highly skilled migrants from choosing Britain.
Dependent visa holders should qualify for ILR at the same time as the main applicant
One of the most practically important recommendations in the report concerns dependants. The Committee recommends that migrants on dependent work visas should be eligible to apply for ILR at the same time as the main applicant — provided the household income contributes positively to the public finances. This addresses a significant source of anxiety for families where spouses and partners are tied to the main applicant’s immigration status.
The Life in the UK Test should be reformed
The Committee recommends reforming the Life in the UK Test to focus on British values and the practical realities of living in the UK, with courses offered as an alternative pathway for those who struggle with the existing test format. This recommendation will resonate with many ILR and citizenship applicants who find the current test’s content disconnected from their daily lives.
The immigration rules must be urgently simplified
The report calls on the Government to undertake comprehensive simplification of UK immigration legislation, fully implement the recommendations of the Windrush Lessons Learned Review, and expand the remit of the Law Commission to make the Immigration Rules clearer and more accessible to ordinary people.
A Triennial Migration Plan should be introduced
Rather than reacting to migration pressures on an ad hoc basis, the Committee recommends that the Government publish a Triennial Migration Plan every three years, with annual progress updates, co-owned by the Home Office and Cabinet Office.
The data crisis at the heart of UK immigration
One of the most striking findings in the entire 122-page report has nothing to do with ILR timelines. The Committee found that the Home Office’s migration data is “woefully inadequate” — and that, as a result, it is impossible to know accurately how many migrants are currently living in the UK.
The report reveals that no reliable departure records exist for migrants who arrived or were due to leave between 2021 and 2026. The Home Office cannot confirm, with confidence, how many people are living in the UK on active visas, how many have overstayed, or what the long-term integration outcomes of recent migration have been.
The Committee argues that this data vacuum is actively fuelling public misinformation about migration, and calls for the Home Office to restart publication of exit check data as a matter of urgency.
What does this mean for my ILR application right now?
The earned settlement framework is not yet in force. The five-year route to ILR remains valid today, and you can apply under existing rules if you meet the requirements.
The Government has suggested it intends to finalise and implement its settlement reforms in autumn 2026, though some reports suggest this could slip to early 2027. The Lords Committee report adds substantial political pressure for the Government to reconsider, delay, or significantly amend the proposals before legislation is introduced.
However — and this is critical — the Government is not legally required to follow the Committee’s recommendations. It must respond formally within 60 days, but it may choose to press ahead regardless.
This makes the coming months an important window. If you are approaching five years of lawful residence in the UK and are eligible to apply for ILR under the current rules, you should take legal advice now rather than waiting to see what happens.
Who is most affected by the earned settlement proposals?
The following groups face the greatest uncertainty and should seek legal advice as a priority:
- Skilled Worker visa holders who arrived in 2021 or 2022 and are approaching their five-year eligibility date
- Care workers and medium-skilled workers — the consultation proposed a 15-year route for this group, affecting over 325,000 people
- Dependent visa holders whose ILR eligibility is currently tied to the main applicant
- Students who switched to work visas and are building towards settlement
- Hong Kong BN(O) visa holders who received Government assurances about citizenship
- Family visa holders — partners and children of British citizens currently retain a five-year route, but other family visa holders may be affected
Can I still apply for ILR after five years right now?
Yes. If you meet the current five-year residence and eligibility requirements, you can apply for ILR today under the existing rules. Nothing about the Lords report or the ongoing consultation changes the current legal position.
If you are eligible, applying now — before any new rules come into force — is likely to be the safest course of action. An experienced immigration solicitor can assess your eligibility and guide you through the application process.
Speak to our immigration solicitors today
The earned settlement landscape is changing faster than at any point in the last decade. Whether you are approaching your five-year eligibility, concerned about how retrospective changes might affect your route to settlement, or want to understand what the Lords report means for your specific visa category — we are here to help.
At Adam Bernard Solicitors, our immigration team advises clients in London and across the UK. We have offices in High Holborn, Central London (33 High Holborn, WC1V 6AX) and Upton Park, East London — and we work with clients overseas too.
We can help you:
- Assess your ILR eligibility under the current five-year rules
- Prepare and submit a complete ILR or British citizenship application
- Understand how the proposed earned settlement changes may affect your visa route
- Advise dependants and family members on their own settlement options
- Represent you if your application has been refused or delayed
