For HR teams, the key issue is not just a new date. It is the way a long stay may be tied to work, tax, and life in the UK. That’s why you must look for the proper ILR application guidance to set your firm on the right path.
The Home Office has set out a plan to lift the base path to ILR from five years to ten for most migrants. But this is not yet the full law for all routes. A 12-week call for views on the plan closed in Feb 2026, and the UK is still set to state its final plan. For firms with staff on work visas, now is the time to check key risk, pay, and HR data. Here is a detailed guide on what employers need to know now.
Source: Magnific.com
The Earned Settlement Plan
The new plan is built on the idea that ILR must be earned. The base path is set at ten years for most. Yet that time may move up or down based on a mix of key actions. The plan sets out the following main parts:
● Good law and good actions
● UK life and connections
● Work and tax
● Time spent in the UK
The plan also looks at ways to cut the time for some high earners and important staff. At the same time, some actions may add years. But this does not mean each work visa holder will need ten years. Some routes may have a set path or a set time, while others may have a way to cut the base term.
Strategic Impact on UK Employers
A long path to ILR may have a real effect on staff plans. They may now see a much longer wait, which may shape plans to stay, move, or take a new role. For firms, this can link to staff loss, pay, and the need to keep key roles filled. It can also add more work for HR. A firm may need to keep a close eye on:
● Visa end dates
● Pay data
● Right to work checks
● Time of the staff spent in the UK
● Tax and pay data
● Absence and leave data
● Any visa rule breach
Immediate Action Plan for HR
The best first step is a visa audit. Do not wait for the new rules to land. You should start with a list of all staff who may seek ILR in the next few years. Note the route they use, the date it began, and the date it ends. Then check the files and look for:
● Old visa documents
● Pay slips
● Tax data
● Job title data
● Absence logs
● Right to work proof
● Sponsor data
Mitigating Risks by Exploring Alternatives
Not all staff members need the same plan. Some may be able to use a route that has a shorter path to ILR. The current rules already have routes with three or five-year paths in set cases. For some, the Global Talent route can lead to ILR in three or five years. The Innovator Founder visa can also have a three-year path if the set rules are met. The long stay route is also worth noting. At this time, a person with ten years of lawful, full UK stay may seek ILR under the Long Residence route if all the rules are met.
Key Takeaways
The ten-year ILR plan could bring a big shift in how firms plan for staff who need UK stay rights. Yet the plan is still not the final rule set. The safe step now is not to guess the end law. It is to build good HR data, check visa dates, keep role and pay files up to date, and flag any change that may affect visa status.
Legal Disclaimer:
Please be advised that this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. UK visa and ILR rules can change, and the earned set plan is still the subject of UK policy work. The ten-year base set out in the plan should not be read as a final rule for all staff or all visa paths. Please seek the advice of a legal professional if you need help with staff visas, ILR, sponsor duties, or HR risks.
