More children and young people will be able to apply to for settlement (indefinite leave to remain) after five years instead of ten, following an amendment to the Immigration Rules.
However, high settlement fees remain a significant barrier for those seeking to benefit from this amendment, while many people will remain on the ten-year route to settlement, as the new rules do not extend eligibility to all. Councils will need to be aware when a child or young person under their care may be able to apply for settlement, and must facilitate access to immigration advice and identify any assistance that can be provided to help overcome any financial obstacles to settling.
What has changed?
Since the introduction of Appendix Private Life in 2022, the rules have enabled:
- Young adults aged 18–24 who have been granted leave on the basis that they had spent at least half their life in the UK to be eligible for settlement after five years
- Children born in the UK who have lived here for seven continuous years and have been granted leave under Appendix Private Life to qualify for immediate settlement
- Children born outside the UK who have lived here for seven continuous years and have been granted leave under Appendix Private Life to qualify for settlement after five years
From 29 July 2025, the rules are being expanded to allow more children and young people, including those granted leave before Appendix Private Life’s inception, to qualify for settlement after five years. This includes:
- Young adults aged 18–24 who were granted leave before 20 June 2022 under Appendix FM or outside the Rules, based on having lived in the UK for at least half their life
- Children granted leave as a dependent under Appendix FM or outside the Rules before 20 June 2022, and who had lived in the UK for seven years at the time
The government’s Explanatory Memorandum explains that these amendments aim to streamline settlement pathways for children and young people who have spent a substantial part of their lives in the UK and ensure that those granted leave before the 2022 changes can now also benefit from the shorter route.
Shorter settlement routes reduce NRPF risks, but more people must benefit
We have long recommended that limiting settlement routes to five years promotes integration and reduces the hardship experienced by people subject to the NRPF condition.
It is positive that the government has recognised that shorter settlement routes promote the integration of children and young people who have spent a significant amount of their lives in the UK. Shorter settlement routes minimise the number of times that a person must re-apply to extend their permission to stay, a process which is expensive due to high application fees and the need for legal advice. They also shorten the period during which a person is subject to the NRPF condition, lowering the risk of financial insecurity and the likelihood of presenting to social care services in need of accommodation and financial support.
However, these changes will not benefit all groups that councils often support, nor do they address the financial obstacles to settlement. Indefinite leave to remain applications incur a high fee of £3,029, with no fee waiver available. This presents a substantial hurdle for families and young people living in poverty or on a low income. Where councils are supporting looked after children or care leavers, they are likely to bear this cost.
In its immigration white paper, the government has committed to developing a route for young people who have been in the UK as children and who are unlawfully present, to obtain permission to stay and settle. It has also indicated it will look to address financial barriers to settlement. While we welcome these proposals, it is concerning that it plans to increase the settlement period for people on work visas, thereby extending uncertainty and insecurity to more people living with the NRPF condition.
The government must recognise the detrimental impact of prolonged settlement routes and limit them to five years for all groups. A fee waiver or reduced fee must also be introduced so that anyone who can apply for settlement on a shorter pathway can truly benefit.
What actions must councils take
It is important that local authorities are aware of when a child or young person may qualify for settlement so that they can better assist with the transition to independent living for families and young people under their care.
Councils would need to identify any children and young people they are supporting as looked after children, care leavers, or within families that have no recourse to public funds, who might be able to apply for indefinite leave to remain and signpost them to immigration advice and consider what support they may require to make an application.
To clarify whether a child or young person has or last had leave to remain under the family member or private life rules, councils can use the RTPF checker or raise a query on NRPF Connect.