A House of Lords committee has urged the Government to drop its plan to extend the standard wait for settlement from five years to 10. The report, published on 23 June 2026 by the Justice and Home Affairs Committee, examines the Government’s “earned settlement” proposals and the plan to apply them to people already living in the UK. Its recommendations are advisory, and the current five-year route to Indefinite Leave to Remain remains in place as of June 2026. This post provides an overview of the House of Lords report on settlement, citizenship and integration and what it means for people on the path to settlement.
What does the House of Lords report on settlement say?
The report sets out the committee’s response to the Government’s proposed changes to settlement, citizenship and integration. It was produced by the House of Lords Justice and Home Affairs Committee and published on 23 June 2026.
The committee examined the Government’s plan to extend the route to settlement, to apply that change to people already in the UK, and to introduce an “earned settlement” system. It heard from 20 witnesses across 11 evidence sessions and received more than 600 written submissions. On the most disruptive proposals the committee did not reach consensus, and several conclusions were settled by a vote. The report responds to the May 2025 White Paper and the November 2025 settlement consultation, both of which are covered in the UK Immigration White Paper 12 May 2025 explainer.
What changes to settlement is the Government proposing?
The Government has proposed to increase the baseline qualifying time for Indefinite Leave to Remain from five years to 10 years, with longer periods for some groups. The proposals were set out in the November 2025 consultation, A Fairer Pathway to Settlement, and remain subject to consultation.
Under the proposals, the default wait would rise to 10 years, to 15 years for skilled workers in roles below degree level and for those who arrived on the Health and Care visa, and to 20 years for refugees on the core protection route. The 10-year Long Residence route would be abolished. Dependants would no longer qualify for settlement at the same time as the main applicant, and would instead qualify on their own timescales. Foreign partners and dependants of British citizens would keep a five-year pathway, and the Hong Kong BN(O) route would also be protected from the longer baseline, as covered in the Hong Kong BNO Visa guide.
The “earned settlement” model would let applicants reduce or increase that baseline by meeting set criteria. Mandatory minimum requirements would include no criminal conviction, no NHS, tax or other government debt, English at B2 level, a Life in the UK Test pass, and an income above £12,570 for three to five years. Reductions would then apply for higher earnings or stronger English, for example minus five years for a taxable income of £50,270 and minus seven years for £125,140 (as of June 2026, subject to consultation). Additions would apply for matters such as time on public funds or unlawful entry, with only the single largest reduction or addition counting. In practice, the committee found, settlement could take anywhere from three to 30 years. The proposed model is explained in the Earned Settlement for Indefinite Leave to Remain guide.
Would the new settlement rules apply to people already in the UK?
The Government has proposed to apply the changes retrospectively, so they would reach people already living in the UK and already on the route to settlement. The committee, by a majority, recommended against this.
The report describes retrospective application as “manifestly unfair” and warns that it “may be unlawful”. Its reasoning is that many migrants have made long-term decisions about career, housing and family on the basis of qualifying for ILR after five years. The committee considered the position especially serious for people on the Hong Kong BN(O) route, given earlier Government assurances that BN(O) status holders would have a route to settlement without such requirements. Its recommendation is that any change to the ILR rules should not apply to individuals who are already on a qualifying route.
What did the committee recommend on earned settlement?
The committee accepted the principle of earning settlement but raised detailed concerns about how the Government’s model is built. It described earning settlement through language, financial and conduct requirements as a sensible and internationally used approach, while disagreeing with several of the specifics.
On income, the committee found that the proposed thresholds are tied to Income Tax rates rather than to a migrant’s actual contribution to the public finances. As a result, some migrants who are net contributors would still wait 10 years for ILR. The report recommends that the income levels which reduce the wait should be set on the advice of the Migration Advisory Committee, and should reflect a positive contribution rather than a tax band. It also recommends exemptions for vulnerable groups, so that people on maternity leave, those with long-term illness or disability, and unpaid carers are not held to the income requirement.
The committee also addressed children directly. It strongly supported the recommendation that children who arrive at a young age and grow up in the UK should usually be granted settled status by 18, and that children who arrive later should have a clear pathway to settlement. Its view is that it is not fair to judge children by the decisions of their parents.
What did the report say about citizenship, fees and the Life in the UK Test?
The report found that the cost and complexity of the settlement and citizenship system work against the people it applies to. It described the body of immigration rules and legislation as unworkable, and called on the Government to simplify both.
On fees, the committee heard that UK immigration fees are set far above the cost of processing an application, in some cases at more than double that cost, which it characterised as a regressive charge that falls hardest on the lowest earners through repeated applications. It recommended capping immigration fees at 150% of processing cost and reinvesting the surplus to expand fee waivers, particularly at the point of applying for ILR and citizenship. The current cost of settlement and citizenship is set out in the Indefinite Leave to Remain cost guide.
On the Life in the UK Test, the committee did not call for the test to be scrapped, describing it as an important step on the route to ILR and citizenship. It did, however, call for urgent reform, recommending that the test move away from a multiple-choice format and refocus on British values and the practical aspects of living in the UK. The current test is explained in the Life in the UK Test guide. The committee also recommended that the Government do more to promote citizenship itself, which it considered undervalued.
What does the report mean for people on the path to settlement now?
The report does not change the law, and the five-year route to Indefinite Leave to Remain remains in place as of June 2026. A select committee report is a set of recommendations to the Government, which the Government may accept, reject or adapt.
The proposals it examines are still at the consultation stage and have not been written into the Immigration Rules. People currently on a five-year route should plan on the basis of the rules as they stand, while following how the consultation develops. The committee’s central recommendations, against extending the baseline to 10 years and against applying any change retrospectively, now form part of the parliamentary record that the Government is expected to respond to. The position for people already settling in the UK is covered in the Indefinite Leave to Remain FAQs, and the routes to citizenship are set out in the British Citizenship Application Guide 2026.
Frequently asked questions
Has the wait for ILR changed to 10 years?
No. The five-year baseline route to Indefinite Leave to Remain remains in place as of June 2026. The move to a 10-year baseline is a Government proposal that is still under consultation, and a House of Lords committee has now recommended against it. Nothing has changed in the Immigration Rules.
Will the proposed settlement changes apply to people already in the UK?
The Government has proposed to apply the changes retrospectively, to people already on the route to settlement. The House of Lords Justice and Home Affairs Committee recommended against this, describing it as manifestly unfair and warning that it may be unlawful. Whether the Government proceeds is not yet known, and no retrospective change has taken effect.
What is “earned settlement”?
Earned settlement is the Government’s proposed model under which the wait for ILR would rise to a longer baseline, then reduce or increase depending on criteria such as income, English language level and conduct. It would also set mandatory minimum requirements that an applicant must meet before any reduction applies. The model is set out in the November 2025 consultation and has not yet become law.
Does the report mean the Life in the UK Test is being scrapped?
No. The committee did not recommend scrapping the Life in the UK Test, and described it as an important step on the route to ILR and citizenship. It recommended that the test be reformed, including moving away from a multiple-choice format, but the current test continues to apply to settlement and citizenship applications.
How Whytecroft Ford Can Help
The Government’s settlement proposals have created real uncertainty for people part-way through a five-year route, particularly around whether any change would reach those already in the UK. The House of Lords report has recommended against both the longer baseline and retrospective application, but the proposals remain under consultation and the outcome is not yet settled. For now, the rules that apply are the rules as they stand, and an application is assessed against the requirements in force on the date it is made.
The Whytecroft Ford immigration team advises people on the route to Indefinite Leave to Remain and British citizenship across the Spouse Visa, Skilled Worker, Health and Care, Hong Kong BN(O) and Long Residence routes. The firm helps applicants understand how the current settlement rules apply to their situation, prepares ILR and naturalisation applications against the requirements in force, and keeps clients informed as proposed changes develop. The firm acts for people who have built their lives in the UK on the existing five-year route and who want a considered assessment of where they stand.
To discuss your route to settlement or citizenship with our team, call 0208 757 5751 or use our Contact Form to get in touch.
Sources
- House of Lords Justice and Home Affairs Committee, Settlement, Citizenship and Integration (HL Paper 13, 23 June 2026): committees.parliament.uk
- GOV.UK, Restoring control over the immigration system white paper: gov.uk
- GOV.UK, Settle in the UK (Indefinite Leave to Remain): gov.uk/settle-in-the-uk
