London July 10, 2026 — The UK Government may introduce transitional protections for certain migrants already living in the country as it prepares to overhaul the pathway to permanent residence.
Home Secretary Shabana Mahmood has indicated that spouses, older family members, children and people whose eligibility depends on household rather than individual income could receive different treatment under the proposed “earned settlement” system.
The Government plans to increase the standard qualifying period for Indefinite Leave to Remain, commonly known as ILR or settled status, from five years to 10 years for most migrants. Under the original proposal, the new rules could also apply to people who are already living in the UK but have not yet secured settlement.
Transitional arrangements under consideration
Giving evidence to the House of Lords Justice and Home Affairs Committee, Mahmood said the Government was considering transitional arrangements for particular groups already progressing towards settlement.
Possible measures could cover:
- Spouses and dependent partners
- Older members of migrant households
- Families where only one partner meets the income requirement
- Children who arrived in the UK with their parents
- Other migrants who may be disproportionately affected by the change
Mahmood described such measures as exemptions or tailored arrangements for particular groups rather than a complete abandonment of the plan to apply the new system to existing migrants.
However, the Home Office stressed that no final decisions have been made. Officials are reviewing more than 200,000 responses received during the public consultation on earned settlement.
Individual or household income?
One unresolved question is whether migrants should be assessed according to their personal earnings or the combined income of their household.
An individual-income test could disadvantage a spouse who stays at home to care for children, an older dependant who cannot work, or a family in which one partner is the main earner.
The Home Secretary previously told MPs that the Government was open to considering household income and acknowledged that some dependants would be unable to satisfy an individual economic-contribution test.
The consultation proposals suggested that applicants might need to show earnings at or above the income-tax and National Insurance threshold for a specified period. The qualifying period could then be reduced or extended according to earnings, English-language ability, public-service work, benefit use and other factors.
Debate over retrospective application
The most controversial issue is whether the 10-year rule should affect migrants who entered the UK when a five-year route was available.
Mahmood defended the Government’s ability to change the rules for people who have not yet obtained settlement. She argued that completely protecting everyone already in the immigration system would significantly restrict a government’s power to manage immigration policy.
Critics, including Labour MPs, immigration organisations and parliamentary committees, say applying the change to people already living in Britain would unfairly move the goalposts for families who planned their lives around the existing rules.
The House of Commons Home Affairs Committee has recommended strong protections for children, including allowing those who arrive young and grow up in Britain to obtain settled status by the age of 18. A House of Lords committee has also warned about the effects of prolonged insecurity on children and families.
No exemptions confirmed yet
Migrants should note that these protections remain under discussion. The Government has not yet published the final earned-settlement rules, confirmed which existing visa holders will be protected or announced exactly when the wider 10-year system will take effect.
Until the final Immigration Rules and transitional provisions are published, people currently following a five-year settlement route should not assume that they are either definitely affected or definitely exempt.