The UK Government has published its Command Paper, A Fairer Pathway to Settlement, proposing a major reform of how immigrants obtain indefinite leave to remain (ILR). Under the new model, ILR would not simply be awarded after a fixed period in the UK but would instead be “earned” through measurable economic, social, and community contribution.

Rather than relying solely on time spent in the UK, applicants would need to demonstrate positive characteristics such as having a sustained job, paying National Insurance, avoiding benefit dependency, volunteering in their community, maintaining a clean criminal record, and achieving a high level of English.

Key Proposals

1. Longer Baseline Qualifying Period
   • The standard qualifying period for ILR would increase from 5 years to 10 years.
   • For certain Skilled Worker roles (below RQF level 6), the period could be extended to 15 years.
   • The current “long residence” route would be abolished; instead, applicants’ baseline period would be adjusted (up or down) based on their contribution and integration.
     
     
2. “Earned Settlement” System
   • Applicants can reduce the 10-year baseline by earning “contribution points” for:
     • High earnings or tax contributions
     • Public service roles
     • Volunteering or community work
     • Strong English (e.g., C1 level)
     • Clean criminal record
   • Alternatively, the baseline can be extended for negative factors, such as immigration non-compliance or reliance on public funds.
     
     
3. Review of Rights After Settlement
   • The consultation asks whether access to certain public benefits should be limited for ILR holders. Some benefits could be reserved only for citizens, not just settled status holders.
     
4. Special Rules for Certain Groups
   • Those already on Global Talent or Innovator Founder route can still qualify for ILR after 3 years simply through entry and residence
   • Tailored paths may be created for children, dependants, and public service workers.
   • Notably, spouses/dependants of British citizens or British Nationals (Overseas) from Hong Kong are excluded from this consultation.
     
     

Attributes Table (How Baseline Qualifying Period May Be Adjusted)

The proposal includes a table showing how different attributes can reduce or increase the baseline 10-year qualifying period. Here are some of the key adjustments (based on the consultation document):

Key Concerns

• Application: The changes would apply to everyone in the UK who has not yet received ILR — meaning people already part-way through an ILR route would face the new, stricter rules.
  
  
• Financial Burden: A longer route (10 or more years) means more visa renewals, higher costs, and possibly more uncertainty, especially for lower-paid workers.
  
  
• Risk of Exploitation: Workers on visa routes may feel more constrained or dependent on their sponsors if ILR becomes harder to reach.
  
  
• Integration vs Inequality: While rewarding contribution is positive, there’s a risk of creating a “two-tier” system where only the highest contributors benefit from accelerated settlement.
  
  
• Administrative Complexity: Implementing a time-adjustment model with multiple “pillars” (residence, economic, integration, etc.) will require robust assessment mechanisms, which may be hard to scale fairly.
  
  

Here at Sincere Immigration, we can provide tailored, strategic advice to help you understand how these proposed changes may affect your future plans. Whether you are part-way through a current settlement route, considering switching visas, or planning long-term residence in the UK, we can guide you through your options and help you build a clear pathway under the new model.

Contact us today for an initial free consultation to discuss your circumstances and plan confidently for the future.

SINCERE IMMIGRATION