By Natalie Popova, Legal Consultant | Express Law Solutions
Disclaimer: This article is for general information only and does not constitute legal
Introduction
In recent years, the United Kingdom has implemented significant changes to its immigration policies, particularly affecting people who have lived in the country for a long time and hold a residence status. The proposed and upcoming changes include new requirements for residency, periodic declarations, rules for obtaining British citizenship, and updated regulations regarding absences from the UK. This article provides a detailed overview of what these changes mean for immigrants, practical steps to navigate them, and guidance on whether applying for British citizenship is advisable.
1. Background: The EU Settlement Scheme and Long-Term Residents
The EU Settlement Scheme (EUSS) was introduced in 2019 after the Brexit referendum to protect the rights of EU, EEA, and Swiss citizens living in the UK. Under the scheme:
- Pre-settled status is granted to those who have not yet lived in the UK for five years.
- Settled status is granted after five years of continuous residence, equivalent to permanent residence.
These statuses allowed residents to continue living, working, and studying in the UK post-Brexit. However, recent proposals seek to introduce additional checks, such as 5-year declarations, to ensure ongoing compliance with residency rules.
Long-term residents — including those who arrived in the early 2000s — may be affected by these changes, even if they have already obtained settled status.
2. Big Changes Ahead: UK Extends Standard ILR Route to 10 Years
If you are planning to apply for Indefinite Leave to Remain (ILR) in the UK, there is an important update you need to know about. From 1 October 2025, the standard qualifying period will increase from five years to ten years for most applicants.
The government has also announced a consultation on a new “earned settlement scheme”, which could create alternative ways to reach permanent residence based on contribution, work history, or integration.
However, not everyone will be affected by this extension. The Home Office has confirmed that partners of British citizens and residents under the EU Settlement Scheme (EUSS) will continue to follow the 5-year route.
What does this mean for long-term residents?
• If you are already on the 5-year route (spouse visas, EUSS, etc.), nothing changes for you.
• If you are on a work or other visa category that normally leads to ILR after five years, you will now need to plan for ten years unless you fall under one of the exceptions.
• The “earned settlement scheme” may create new options, but details are yet to be published.
Key advice:
1. Check your visa category – Are you on a 5-year route that will remain unchanged, or will you be affected by the new 10-year rule?
2. Plan financially – Double the time means double the visa renewals and fees before reaching ILR.
3. Stay informed – The consultation on the earned settlement scheme may open opportunities for some applicants.
These changes, announced by the Home Secretary on 29 September 2025, signal one of the most significant shifts in the UK immigration landscape in recent years.
Why This Change is Being Introduced
The UK government cites several reasons:
• Prevent misuse of immigration status: Regular declarations ensure that only those genuinely living in the UK maintain permanent rights.
• Update records: Helps maintain accurate records for taxation, social benefits, and public services.
• Align with other countries’ practices: Similar periodic residency checks exist in countries like Canada and Australia.
Implications for Long-Term Residents
• Residents will need to track absences carefully to ensure they do not exceed allowed limits.
• Documentation will be essential, including bank statements, utility bills, rental agreements, and employment contracts.
• Failure to submit a declaration could result in loss of settled status, requiring re-application and potentially affecting eligibility for citizenship.
3. Absences from the UK
Updated rules for absences will apply to both pre-settled and settled status holders:
- Pre-settled status: Maximum of 30 months absence during the qualifying period before applying for settled status.
- Settled status: Maximum of 5 years absence; exceeding this can jeopardize permanent residence. If you hold Settled Status under the EU Settlement Scheme, you can spend up to five consecutive years outside the UK without losing your status. Any return to the UK, even for a short visit, resets this five-year period and protects your right to settled status.
A special rule applies to Swiss citizens and their family members, who are permitted a maximum absence of four consecutive years before their settled status is affected.
- Exceptions exist for exceptional circumstances (illness, work assignments abroad, or family emergencies).
For residents who travel frequently for work or family reasons, careful planning is required. Keeping a travel log or record of entry/exit stamps is highly recommended.
4. Obtaining British Citizenship
Once a person holds settled status, they may apply for British citizenship. Key requirements include:
- 12 months of settled status before applying (or immediate application if married to a British citizen).
- Good character requirement: No serious criminal convictions or unpaid taxes.
- English language proficiency: Evidence of knowledge of English, Welsh, or Scottish Gaelic.
- Life in the UK Test: A knowledge test covering UK history, culture, and institutions.
5. Real-Life Examples
Case Study 1: Maria, 10 years in the UK
Maria moved to the UK from Spain in 2012. She obtained pre-settled status in 2019 and settled status in 2021. With the new 5-year declaration rule, Maria must submit her first declaration by 2026. She tracks her absences carefully and maintains copies of rent and utility bills as proof of residence.
Case Study 2: Ahmed, frequent traveler
Ahmed lives in London but works internationally. He exceeds the maximum absence allowed for settled status in 2025. He must now provide evidence of his exceptional circumstances to avoid losing his status. This highlights the importance of planning and documentation.
6. Practical Advice for Long-Term Residents
- Verify your status: Check whether you have pre-settled or settled status and ensure your personal details are accurate.
- Maintain proof of residence: Keep financial records, rental agreements, and employment contracts.
- Track absences: Maintain a detailed travel log to avoid exceeding allowed limits.
- Plan citizenship application: Prepare Life in the UK test materials, English language evidence, and residence records.
- Seek professional advice: An immigration lawyer can help with complex cases, especially gaps in residence or missed deadlines.
7. Step-by-Step Guide: Submitting 5-Year Declarations and Citizenship Application
Step 1: Verify Your Status
Use the official Home Office portal to confirm whether you hold pre-settled or settled status and that your personal details are up to date.
Step 2: Gather Documentation
Collect evidence of continuous residence: bank statements, utility bills, pay slips, and tenancy agreements. Document absences with travel tickets or entry/exit stamps.
Step 3: Submit the Declaration
Submit your declaration online via the Home Office portal. Include your residence details and any exceptions for absences. Keep confirmation for your records.
Step 4: Monitor Future Deadlines
Set reminders for every 5-year declaration and begin preparation 3–6 months in advance.
Step 5: Prepare Citizenship Application
Ensure eligibility, study for the Life in the UK Test, and compile evidence of language proficiency.
Step 6: Submit Citizenship Application
Complete the online form, pay fees, and submit required documents. Attend a biometric appointment if requested.
Step 7: Attend Citizenship Ceremony
Once approved, attend a ceremony to receive your certificate. You can then apply for a British passport and enjoy full citizenship rights.
8. Frequently Asked Questions
Q1: What if I miss a 5-year declaration?
You should contact the Home Office immediately. Late submission may result in temporary loss of status. Legal advice is recommended.
Q2: Do absences include holidays?
Yes, any time spent outside the UK counts towards absence limits. Short holidays are usually not problematic, but frequent or extended travel may be.
Q3: Can children apply separately?
Children under 18 may be included in a parent’s application or apply independently if eligible.
Q4: How long does the citizenship process take?
Processing times vary, but it can take several months from application to approval. Early preparation helps avoid delays.
9. Benefits and Risks of the New Rules
Benefits:
- Protects against misuse of immigration status.
- Creates a clear, structured path to citizenship.
- Improves transparency and monitoring for UK authorities.
Risks:
- Adds bureaucratic steps and documentation requirements.
- Frequent travelers may face challenges with absence limits.
- Missed deadlines can affect permanent status and citizenship eligibility.
10. Conclusion
The new 5-year declaration requirement and updates to UK residency and citizenship rules affect all long-term residents. Staying informed, collecting evidence of residence, tracking absences, and preparing for citizenship are essential.
By following the practical steps outlined in this guide, long-term residents can secure their legal status, maintain eligibility for citizenship, and confidently navigate the changing immigration landscape in the UK.
Practical Examples
Example 1: Skilled Worker Visa Holder
Antonio, an Italian national, moved to the UK in 2018 on a Skilled Worker visa. Under the previous rules, he expected to qualify for Indefinite Leave to Remain (ILR) after five years, in 2023. With the changes taking effect in October 2025, however, workers like Antonio may need to remain in the UK for ten years before applying for ILR, unless their category qualifies for the 5-year route. This means higher costs and longer waiting periods.
Example 2: EU Citizen with Settled Status
Elena, a Spanish citizen, received Settled Status in 2020 under the EU Settlement Scheme. She wants to take up a four-year work opportunity in Germany. Thanks to the rules of the scheme, she can be absent from the UK for up to five consecutive years without losing her settled status. If she returns to the UK even briefly during that period, her five-year clock resets. (Swiss citizens and their families must return within four years.)
Example 3: Family Route
Mark, an American citizen, is married to a British national. Even under the new system, partners of British citizens will still qualify for ILR after five years of continuous residence, meaning his route remains unchanged.
Frequently Asked Questions (FAQ)
Q1: Will I lose my Settled Status if I stay outside the UK for more than five years?
Yes. If you are absent for over five consecutive years (four for Swiss citizens), you lose your settled status. The only way to reset the clock is to return to the UK before that period ends.
Q2: Should I apply for British citizenship if I already have Settled Status?
It depends. Citizenship removes the five-year absence rule and gives you full rights as a UK national, including a passport. However, the process involves fees, the Life in the UK Test, and meeting language and residence requirements.
Q3: What is the “earned settlement scheme”?
Details are not finalised yet. The government has said it will consult on a contribution-based route that rewards long-term work, tax contributions, and integration. Updates are expected in 2026.
Q4: I am on a Skilled Worker visa. Do I now need 10 years for ILR?
Yes, unless you move into a category that still qualifies for the 5-year route (such as family of a British citizen).
Old vs New ILR Routes
| Route | Before October 2025 | After October 2025 |
| Standard work visas (e.g., Skilled Worker) | 5 years to ILR | 10 years to ILR |
| Partners of British citizens | 5 years to ILR | 5 years to ILR (unchanged) |
| EU Settlement Scheme (Settled Status) | 5-year absence allowed (4 for Swiss citizens) | No change |
| “Earned Settlement Scheme” | Not available | Planned new route, details pending |
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Key Sources
- UK Parliament – Commons Library: Changes to UK visa and settlement rules after the 2025 immigration White Paper
Research briefing explaining the proposed extension of the qualifying period for ILR and the introduction of an “earned settlement” scheme.
- Gov.uk – New contribution-based settlement model to reduce net migration
Official Home Office announcement on the new contribution-based settlement model.
- Gov.uk – Apply to the EU Settlement Scheme (settled and pre-settled status)
Official rules for absences under settled and pre-settled status, including the 5-year (or 4-year for Swiss citizens) absence rule.
- Free Movement – How does absence from the UK work under the EU settlement scheme?
Legal commentary on continuous residence and how absences affect settled/pre-settled status.
- Migration Observatory – Changes to settlement: what do they mean?
Analysis of what the proposed settlement changes mean in practice.
- Immigration Barrister – Proposed Changes to ILR: What UK Businesses Need to Know
Professional legal insight on how the ILR changes could impact visa routes and businesses.
- Lewis Silkin Insights – Immigration White Paper: earned settlement and citizenship
Commentary on the government’s “earned settlement” concept and extended ILR routes.
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