Longer 10 year qualifying periods for ILR and citizenship
On 12 May 2025 the government published an immigration white paper setting out their plans for changes to immigration rules and requirements to make it harder to move to and settle in the UK, with a view to reducing immigration. Further details and the timescale for these changes have not yet been published.
One of the main, and most surprising, changes mentioned is to increase the qualifying periods for Indefinite Leave to Remain (ILR) and citizenship to 10 years.
Statements since the original announcement imply that the changes will apply to everyone, not just new visa applicants, but mentions of ‘earned settlement (ILR)’ and ‘earned citizenship’ may mean that some could have shorter qualifying periods potentially based on their employment or other activities in the UK.
The government have stated there will be a consultation on these changes and SIT will work with other universities and sector bodies to do everything possible to contribute to this and any other discussions around these changes, and to provide more details as soon as possible when they are published.
Until more details of the ILR changes are published it is difficult to advise visa holders when they may be eligible to apply for ILR. SIT is assisting visa holders who have already reached, or are close to, the point they are eligible to apply for ILR (under the current rules) to hopefully apply before the ILR rules change.
The information below is based on the current ILR rules and will be updated as soon as possible after details of the new ILR rules are published.
Those who have been granted ILR no longer have any time limit on their rights to reside and work in the UK, and there is no requirement that they must apply for British citizenship. As ILR would be lost after living outside the UK for two years, however, some decide to apply to Naturalise as a British citizen.
Points to note:
- Applicants must have held ILR for 12 months before applying to Naturalise as a British citizen;
- Those married to, or the civil partner of, a UK national, however, can apply as soon as they have ILR;
- The ‘continuous residence’ rules when applying to Naturalise are stricter than for ILR. Applicants must not have been absent from the UK for more than 450 days over the last 5 years, and no more than 90 days in last 12 months before applying. Unlike when applying for ILR, absences over the limit can sometimes be accepted by discretion;
- There is a very strict rule that the applicant must have been physically in the UK on the first day of their five year qualifying period, counted back from the date they submit their online application. There is no discretion on this rule and the Home Office even highlight that if it is not met an application will be refused.
- Children born in the UK after one or both parents have ILR are automatically British and can simply apply for a British passport;
- Children born in the UK whose parent(s) are later granted ILR can Register as a British citizen and when this is granted then apply for a British passport.
More information on applying to Naturalise as a British citizen is found in Home Office guidance.
Dual nationality
Some countries do not permit their citizens to hold dual nationality and when granted British citizenship they would lose their own citizenship. Some other countries require applicants to give notice that they are applying for another nationality, or to submit an application to retain their own citizenship.
The Staff Immigration Team (SIT) recommends that applicants check with their own embassy or consulate whether their country permits dual nationality, and if they need to follow any other processes, to carefully consider these issues before applying for British citizenship.
