Will Pending ILR Applications Be Affected by the April 2026 Changes?
- Burcu Köroğlu
- Feb 22
- 6 min read
Yazının sonunda Türkçe özet içeriyor (includes Turkish summary below)
Is your pending ILR application at risk? If you have already applied for ILR or are planning to apply soon, here's what the Home Secretary's statement means for you.
One of the most urgent questions we are receiving right now is this:
"I have already submitted my ILR application. Will I be assessed under the old rules or the new Earned Settlement rules?"
On 5 February 2026, Home Secretary Shabana Mahmood made a statement to Parliament that answers this question but the Earned Settlement consultation document says something different.
What the Home Secretary Said
During a Home Affairs Committee session on 5 February 2026, Shabana Mahmood stated:
"The basis on which an application for indefinite leave to remain is assessed is based on the rules at the time that you apply. That has always been the case... it has been tested in court and been upheld in case law since 2009."
She continued:
"An application is assessed based on the rules that were in force at the point at which the application is made, not what the rules were when the person came to the country."
What this means:
If you submitted your ILR application before the new Earned Settlement rules come into force (expected April 2026), your application should be assessed under the current 5-year settlement framework.
The date of application is what matters, not the date of decision.
This principle has been established in UK immigration law since 2009 and has been tested in court multiple times.
But the Consultation Document Says Something Different
The Earned Settlement consultation, which closed on 12 February 2026, contained this statement:
"We propose to apply these changes to everyone in the country today who has not already received indefinite leave to remain. This would mean that those who are due to reach settlement in the coming months and years would be subject to the new requirements for earned settlement, as soon as our immigration rules have changed."
This wording suggests that even applications already submitted and pending could be assessed under the new rules once they come into force.
Which One Applies?
Right now, we have two conflicting statements:
The Home Secretary's statement to Parliament: Applications are assessed under the rules in force when you apply (established legal principle).
The consultation document: Everyone without ILR when the new rules come into force will be subject to them (proposed policy).
The answer will not be definitive until the Statement of Changes is published in March 2026.
Two Possible Scenarios
Scenario 1: Application Date Principle Applies (More Likely)
If the Home Secretary's statement holds, applications submitted before the rule change will be assessed under the old rules, regardless of when the decision is made.
Why this is more likely:
It is an established legal principle upheld in case law since 2009
The Home Secretary made this statement directly to Parliament
Departing from this principle would likely trigger legal challenges
It aligns with fundamental principles of fairness and legitimate expectation
Scenario 2: Retrospective Application (Possible But Would Be Unprecedented)
If the government proceeds with the consultation's wording, all pending applications, even those already submitted, could be assessed under the new rules once they come into force.
Why this would be unprecedented:
It contradicts the Home Secretary's own statement to Parliament
It departs from established case law
It would likely face immediate legal challenge
The Skill Migrants Alliance has already raised funds and instructed a leading barrister (Sonali Naik KC) specifically to challenge retrospective application
What This Means for Different Groups
If you have already submitted your ILR application:
Based on the Home Secretary's statement and established legal principles, your application should be assessed under the rules in force when you applied.
However:
Wait for the Statement of Changes in March 2026 for definitive confirmation
Monitor any correspondence from the Home Office
Be prepared to challenge any attempt to apply new rules retrospectively
If you are planning to apply before April 2026:
Submit your application as soon as you're eligible.
The Home Secretary's statement suggests that applications made before the rule change should be protected, but the earlier you apply, the stronger your position.
If your qualifying date is after April 2026:
You will almost certainly be assessed under the new Earned Settlement rules.
Consider whether any early application strategies - read our previous blog that explains this!
Why the Contradiction?
The consultation document was published before the Home Secretary's Parliamentary statement.
It's possible that:
The government has reconsidered its position following consultation responses
The Home Secretary's statement represents the government's actual policy direction
There will be transitional arrangements that protect pending applications
We will not know for certain until March 2026.
The Legal Challenge
Skill Migrants Alliance, representing 1.6 million people potentially affected by these changes, has already:
Raised over £25,000 via CrowdJustice
Instructed Kingsley Napley (Tier-1 public law firm)
Appointed Sonali Naik KC as lead barrister
Prepared for either Pre-Action Protocol or full Judicial Review
Their challenge centers on:
Legitimate expectation (people planned lives around 5-year pathway)
Retrospective application of rules
Fairness and proportionality
If the government attempts to apply new rules to pending applications contrary to the Home Secretary's statement, this legal challenge will become immediately relevant.
Our Professional Assessment
As immigration advisers, we assess this situation as follows:
1. The Home Secretary's statement carries significant weight
Made directly to Parliament
References established case law
Aligns with fundamental legal principles
2. The consultation wording is concerning but may not reflect final policy
Published before the Home Secretary's statement
Subject to change following consultation
May be modified by transitional provisions
3. Applications made before April 2026 should be protected
Based on Odelola principle
Based on Home Secretary's clear statement
4. Wait for the Statement of Changes
Expected March 2026
Will provide definitive answers
Will include transitional provisions detail
What Should You Do Now?
If you have already applied:
Keep evidence of your application date
Monitor all Home Office correspondence, follow us on Instagram, Substack and Whatsapp Channels to stay updated.
Wait for Statement of Changes (March 2026): If assessed under new rules contrary to Home Secretary's statement, seek legal advice immediately
If you are planning to apply soon:
Apply as soon as you're eligible
Do not delay if you're within your application window
Keep all evidence of application submission
Document everything
If you can not apply before April 2026:
Wait for Statement of Changes to understand full requirements
Consider whether early application strategies might apply
Start gathering evidence for new requirements (income, English, etc.)
Monitor the Skill Migrants Alliance legal challenge
Timeline to Watch
Now - March 2026: Home Office reviews consultation responses and finalizes policy
March 2026: Statement of Changes expected, this will clarify:
Exact implementation date
Transitional arrangements
How "application date" principle applies
Which groups are protected
April 2026: New Earned Settlement rules expected to come into force
To Sum Up
Based on the Home Secretary's statement to Parliament and established case law, applications submitted before the new rules come into force should be assessed under the old rules.
However, given the conflicting wording in the consultation document, we cannot be 100% certain until the Statement of Changes is published in March 2026.
Our advice:
If you have applied, you should be protected
If you can apply before April 2026, do so
If you are unsure, seek professional advice now
We are monitoring this situation closely and will update our guidance as soon as the Statement of Changes is published.
Need specific advice on your situation?
This is a complex area with potentially life-changing consequences. If you are unsure whether to apply now, whether you are protected, or what your options are, professional advice is essential.
🇹🇷 TÜRKÇE ÖZET:
"Zaten ILR başvurusu yaptım, yeni kurallara tabi olacak mıyım?" sorusu son dönemin en kritik sorusu. İçişleri Bakanı Shabana Mahmood, 5 Şubat 2026'da Parlamento'da net bir açıklama yaptı: "ILR başvuruları, başvuru yapıldığı tarihteki kurallara göre değerlendirilir. Bu 2009'dan beri mahkeme kararlarıyla desteklenen bir ilkedir." Bu, Nisan 2026 öncesi yapılan başvuruların mevcut 5 yıllık kurallar altında değerlendirilmesi gerektiği anlamına gelir. Ancak Earned Settlement danışma belgesi, tüm bekleyen başvuruların yeni kurallara tabi olacağını öne sürüyor. Bu çelişki Mart 2026'da yayınlanacak Statement of Changes ile netleşecek. Şu an için: zaten başvuru yaptıysanız, Bakan'ın açıklamasına ve yerleşik hukuk ilkelerine göre korunmuş olmalısınız. Fakat bu durumun net olmadığını yazımızda detaylı açıkladık. Henüz başvuru yapmadıysanız ve Nisan 2026 öncesi başvurabiliyorsanız, beklemeden yapın. Bir uzman görüşü alın. Lütfen yazının tamamını gerekli vakti ve dikkati ayırarak okuduğunuzdan emin olun.
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Point B Legal is authorised and regulated by the Immigration Advice Authority.
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