Spouse of a British Citizen : April 2026 reforms : Is the Five-Year Route at Risk?

The UK Government’s recent consultation, “A Fairer Pathway to Settlement: Earned Settlement” (published by the Home Office and closed on 12 February 2026), signals potentially significant reforms to how migrants qualify for Indefinite Leave to Remain (ILR). While much public discussion has centred on work routes, the proposals may also affect those on spouse visas under Appendix FM.

The Current Position

At present, a spouse of a British citizen or settled person typically qualifies for ILR after five years of lawful residence on the family route (two 30-month grants). Applicants must meet:

• The financial requirement (currently £29,000 minimum income threshold or previously £18.600),

• English language ability at B1 CEFR, and

• Suitability requirements (no serious criminality or immigration breaches).

This is a largely time-based pathway.

What Is Being Proposed?

The consultation proposes shifting from a simple time-served model to an “earned settlement” framework. Although final rules are awaited, three possible changes are particularly relevant for spouse visa holders:

1. English Language IncreaseThe Government has proposed raising the settlement English requirement from B1 to B2 CEFR. If implemented across routes, this would directly affect family migrants at ILR stage.

2. Stronger Suitability CriteriaEnhanced scrutiny of criminality, immigration compliance, and outstanding debts (including NHS or tax liabilities) is highly likely. These measures would apply to spouse visa applicants seeking ILR.

3. Qualifying Period ChangesThe most sensitive issue is whether the five-year spouse route will remain. The consultation floated a default 10-year qualifying period under the earned model, with reductions for higher contribution. However, it remains unclear whether this will apply fully to family routes, given Article 8 (right to family life) considerations.

Transitional Protection?

A key unanswered question is whether those already on the five-year spouse route will be protected from any extension. The Government has confirmed transitional arrangements are under review but has not yet issued a final decision.

What Should Applicants Do?

Those approaching the five-year mark may wish to monitor developments closely and seek advice before April 2026. Until a formal Statement of Changes is laid before Parliament, the current five-year pathway remains in force.

Further clarity is expected in spring 2026 when the Government publishes its official response to the consultation.

Call for a free telephone consultation: Thej Pinidiya, Solicitor – 07956 35 2673