The UK government is expected to announce its final decisions on major changes to Indefinite Leave to Remain (ILR) next week, with thousands of migrant care workers potentially avoiding a controversial extension to their settlement waiting period.
According to a BBC report published on 31 October 2026, Home Secretary Shabana Mahmood is preparing to present revised immigration proposals to Parliament during the week beginning 2 November 2026.
The government’s original plan would increase the standard settlement qualifying period from five to ten years, while some lower-paid migrant workers could face a wait of 15 years.
However, the BBC understands that social care workers already living and working in the UK are likely to be exempted from the longer waiting period.
The development comes after months of disagreement within the government, criticism from trade unions and approximately 200,000 responses to the Home Office consultation.
Although the reported exemption could offer relief to existing care workers, the Home Office has not yet confirmed the final rules.
What BBC Reports
The BBC’s latest report suggests that the government is preparing to revise one of the most controversial elements of its proposed earned settlement system.
Under the original plans, the waiting period for permanent settlement would increase significantly for many migrant workers.
Workers employed in lower-paid occupations, particularly those in social care, faced the possibility of spending 15 years in the UK before becoming eligible for ILR.
However, the BBC now reports that most social care workers already in the country could be protected from this extended waiting period.
This distinction is important because it concerns migrants who entered the UK legally under existing immigration arrangements and have already established their lives and careers.
The report does not confirm precisely whether these workers will retain the existing five-year route or face a different qualifying period.
Meanwhile, most other migrant workers are still expected to face a standard ten-year settlement period, although reductions could be available to certain applicants.
The Home Office has declined to comment on the final details before they are presented to Parliament.
Current ILR Rules
Indefinite Leave to Remain allows eligible migrants to live, work and study in the UK without a time limit. It can also provide access to public funds where the relevant eligibility conditions are met.
Under the current Skilled Worker immigration rules, qualifying migrants can generally apply for settlement after completing five years of continuous residence on eligible routes.
This includes many people working under the Health and Care Worker visa arrangements.
However, completing five years does not automatically guarantee ILR.
Applicants must also satisfy other requirements, including continuous residence, suitability, sponsor confirmation, applicable salary conditions and the Life in the UK test.
As of 31 October 2026, the five-year qualifying period remains in force for the Skilled Worker settlement route.
The proposed ten-year and fifteen-year settlement periods have not yet replaced this requirement.
Proposed Settlement Periods
The government’s earned settlement consultation proposed different qualifying periods depending on the migrant’s circumstances, occupation and contribution to the UK.
| Migrant category | Settlement proposal | Current position |
| Most Skilled Workers | 10 years | Five-year qualifying period remains in force |
| Lower-skilled sponsored workers | Potentially 15 years | Not implemented |
| Existing social care workers | Possible exemption from longer wait | Awaiting official decision |
| Higher-income workers | Potential reductions | Proposed criteria |
| Certain public service workers | Potential faster settlement | Subject to final policy |
| Partners of British citizens | Five-year pathway proposed to remain | Existing route-specific rules apply |
The proposed 15-year period is not limited to social care workers. The consultation also considered applying it to sponsored workers in occupations below RQF Level 6, broadly equivalent to degree-level work.
Therefore, migrants working in other eligible occupations below this level will need to examine the final policy carefully.
An exemption for existing care workers would not automatically mean that every lower-paid Skilled Worker receives the same protection.
Care Worker Exemptions
The potential exemption represents one of the most consequential developments for migrants employed in the British social care sector.
Thousands of international workers entered the UK after the government expanded opportunities for care workers and senior care workers under the Health and Care Worker visa route in February 2022.
Many arrived expecting that, provided they continued to meet the immigration requirements, they could become eligible for permanent settlement after five years.
Under the original government proposal, some would instead have been required to complete up to 15 years.
For example, a qualifying care worker who entered the UK in 2022 might ordinarily expect to reach the five-year settlement point in 2027.
If the proposed 15-year requirement were applied without protection for existing residents, that worker could potentially face a much later settlement date.
That scenario has generated concern among migrants, employers and trade unions.
The BBC’s latest reporting suggests that the government is reconsidering this approach for those already employed in social care.
However, important questions remain unanswered:
- Will existing care workers retain the five-year ILR route?
- Which arrival dates and visa categories will qualify for protection?
- Will senior care workers receive the same treatment?
- What will happen to dependent partners and children?
- Will the exemption apply to workers changing sponsors or employers?
These questions can only be answered definitively once the revised policy and any accompanying Immigration Rules are published.
Government Faces Opposition
The proposed reforms have created disagreements within the governing Labour Party.
Housing Secretary Angela Rayner has been among the prominent figures questioning the fairness of applying longer settlement periods to migrants who arrived under the existing arrangements.
Rayner previously described retrospective changes affecting migrant workers as “un-British”.
Her argument centred on the expectations of people who entered the UK legally, accepted employment and made long-term plans based on the rules available at that time.
Trade unions have also urged the government to protect existing migrant workers from significant changes to their settlement pathways.
Employers in the social care sector have expressed concerns that a longer wait for permanent residency could make it more difficult to retain experienced international workers.
The Conservative opposition, meanwhile, has criticised proposals to soften the reforms, arguing that tougher immigration controls are necessary.
The government has maintained that settlement should reflect migrants’ contribution to British society and that the system needs to remain sustainable.
These competing concerns have made transitional arrangements one of the central issues in the debate.
Why Timing Matters
One reason the government is under pressure to clarify the reforms is the number of migrants approaching settlement eligibility.
The Home Office’s earned settlement consultation projected approximately 1.6 million settlement grants between 2026 and 2030 under its modelling assumptions.
The same document estimated that the increase in Health and Care visa arrivals between 2022 and 2024 could generate approximately 384,000 additional settlement applications between 2027 and 2029.
These figures are forecasts, not confirmed future applications or settlement approvals.
Nevertheless, they help explain why the government considers settlement reform a major immigration policy priority.
Many migrant workers who entered Britain during the expansion of overseas recruitment are approaching the point at which they would become eligible for ILR under existing rules.
This makes the treatment of people already resident in the UK particularly important.
A policy applied only to future arrivals would have different consequences from one that also changes the settlement requirements for existing visa holders.
Earned Settlement Explained
The proposed earned settlement model would move away from a system based primarily on a fixed period of lawful residence.
Instead, the government has proposed linking settlement eligibility more closely to several factors.
These include an applicant’s immigration compliance, English-language ability, economic contribution, integration and length of lawful residence.
Under the consultation proposals, certain applicants could qualify for reduced waiting periods.
For example, the government considered allowing reductions for people meeting specified higher earnings thresholds over three years.
The consultation also proposed possible reductions for applicants demonstrating advanced English-language proficiency or qualifying community contributions.
Other proposals could make settlement harder for applicants with certain immigration breaches or periods of reliance on public funds.
Importantly, these proposed time reductions and additions are not automatically available under the current ILR rules.
The final criteria, eligibility conditions and evidence requirements remain subject to the government’s decisions.
Existing Migrants Affected
One of the biggest outstanding questions concerns migrants already living in the UK.
The original earned settlement consultation proposed applying the revised requirements to people who had not yet obtained ILR when the new system took effect.
This raised the possibility that migrants approaching their settlement date could face additional years before becoming eligible.
The consultation also asked whether transitional arrangements should be introduced.
The BBC’s latest report suggests that the government may now provide specific protection for existing social care workers.
However, it remains unclear whether similar protection will extend to other Skilled Workers already living in Britain.
Applicants should not assume that receiving a work visa before the reforms were proposed will automatically protect them.
Equally, they should not assume that the proposed ten-year period already applies to their applications.
The exact position will depend on the final Immigration Rules and any transitional provisions.
Current Application Costs
Settlement reform could also have financial implications.
According to the Home Office fee schedule effective from 8 October 2026, the application fee for Indefinite Leave to Remain is £3,226 per applicant.
The Life in the UK test currently costs £50.
These are existing charges, not new fees introduced by the proposed earned settlement reforms.
If migrants are required to remain on temporary visas for additional years, some could incur further visa extension and associated costs before becoming eligible for permanent residence.
However, the total financial consequences will depend on the final rules, the applicant’s circumstances and the immigration route involved.
The government has not confirmed a new ILR application fee as part of the BBC-reported developments.
Other Immigration Routes
The earned settlement proposals do not apply identically to every immigration category.
The Home Office consultation specifically excluded the EU Settlement Scheme and the Windrush Scheme from the planned reforms.
It also proposed retaining shorter routes for certain categories, including partners of British citizens and eligible Hong Kong British National (Overseas) migrants.
Other immigration routes have their own settlement requirements and exemptions.
Therefore, applicants should avoid assuming that the ten-year proposal applies equally to every visa category.
This is especially relevant for families, long-term residents, people on humanitarian routes and migrants who have held different types of immigration permission.
What Happens Next
The next major development is expected during the week beginning Monday, 2 November 2026.
Home Secretary Shabana Mahmood is expected to present the government’s final decisions on the settlement reforms to Parliament.
However, the reports do not establish an exact announcement day.
The government will need to explain which elements of the original consultation will be retained, amended or abandoned.
For migrants, the most important details will be the final settlement qualifying periods, exemptions, transitional protections and implementation dates.
A government announcement alone does not necessarily mean the new rules take effect immediately.
Changes to settlement eligibility will need to be reflected in the applicable legal framework, including amendments to the Immigration Rules where necessary.
Until the relevant changes take effect, applications remain subject to the Immigration Rules applicable to them.
Advice For Applicants
Migrant workers approaching their settlement eligibility date should continue checking their position under the existing rules.
Those who may qualify for ILR soon should review their continuous residence, employment sponsorship, salary and other applicable requirements.
They should also ensure that their immigration permission remains valid.
Applicants should avoid making major decisions about employment, visa extensions or settlement applications solely on the basis of media reports about possible exemptions.
Workers particularly concerned about changing rules may benefit from individual advice from a suitably regulated UK immigration adviser or solicitor.
The most important point is that a possible exemption is not yet a confirmed legal entitlement.
Frequently Asked Questions
Is Ten-Year ILR Law?
No. As of 31 October 2026, the general five-year qualifying period remains in the Skilled Worker settlement rules. The proposed extension to ten years has not yet been implemented.
Will Care Workers Qualify?
The BBC reports that existing social care workers are likely to receive protection from the longer waiting period. However, the final eligibility criteria have not been announced.
What About Dependants?
The position of dependent partners and children under any revised social care exemption is not yet clear. The final policy must clarify whether protection will extend to family members.
When Will Rules Change?
The government is expected to announce its decisions during the week beginning 2 November 2026. A confirmed commencement date has not been published.
Are Existing Workers Protected?
Not automatically. The extent of any protection for existing visa holders will depend on the final transitional arrangements.
What Is ILR Fee?
The current Home Office application fee is £3,226 per person, according to the fee schedule effective from 8 October 2026.