If you are on a UK visa and hoping to settle, earned settlement is the reform most likely to change your timeline. It is the government’s planned replacement for the current time-based approach to indefinite leave to remain (ILR, the status that lets you live in the UK permanently without immigration restrictions).
On 2 November 2026, the Home Office published its earned settlement consultation response, confirming plans to increase the standard qualifying period for settlement from five to ten years, while retaining shorter settlement routes for eligible groups.
If you are already working towards permanent residence, the key question is whether your circumstances qualify you for a shorter settlement pathway or transitional protection.
This guide by Axis Solicitors explains what earned settlement means, what has been announced for indefinite leave to remain, what remains unconfirmed and what you can sensibly do now. The announced policy is not yet law, so the current rules still apply until new rules take effect.
What Is Earned Settlement UK?
ILR Earned settlement is a policy under which a route to settlement depends on contribution, character and integration, not on time spent in the UK alone. The Home Secretary summed it up in Parliament: settlement should not be automatic and should be earned.
In practical terms, the length of your wait to apply for settlement would be set by your earnings, occupation, immigration status, immigration history and other factors. It would no longer be set only by the visa route you are on, and the government’s plans treat the ten year pathway as the default.
How It Differs From the Current Route-Based System
Today, the qualifying period depends mainly on your visa route. Many work and family routes lead to ILR after five years, while some family visas and the long residence route use ten years of lawful residence.
Current ILR is not automatic. You must meet the requirements of your route, stay within the absence limits, pass the Life in the UK test, show the required English level and satisfy suitability rules, including your visa conditions. Under the new settlement framework, earned settlement would add a layer of mandatory standards and a variable qualifying period on top of this.
The Four Ideas Behind the Policy
UK immigration system has considered the:
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Character: criminality, immigration breaches and compliance.
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Contribution: earnings, national insurance contributions and, for some groups, public service.
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Integration: English language and knowledge of life in the UK.
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Residence: time spent on a route that counts towards settlement.
What Has the Government Announced So Far?
The earned settlement consultation has closed and the government has published its response. The consultation ran from 20 November 2025 to 12 February 2026. The government says it considered more than 200,000 responses.
The Home Office confirms that the starting point for settlement will increase from 5 to 10 years. It also says that individuals will be able to settle earlier where they make a sustained contribution, while those who break the law or immigration rules may face a longer route or be unable to settle at all. You can read the full outcome on the GOV.UK earned settlement consultation page.
Current Rules, Announced Changes and Details Still Awaited
| Status | What it covers |
|---|---|
| In force now | The existing route-based settlement rules, including five-year work and family routes and the long residence route. |
| Announced policy, not yet in the Immigration Rules | The ten-year starting point, shorter and longer pathways, the new mandatory requirements and the closure of long residence. |
| Awaiting confirmation | Draft rules, technical guidance, the full list of public funds exemptions, commencement dates and the precise transitional arrangements. |
The Home Office says that the next step is to translate the framework into detailed rules, and that further technical guidance and a full impact assessment will be published before implementation. Until then, treat the figures in this guide as announced policy rather than settled immigration law.
How Long Would the Qualifying Period Be Under ILR Earned Settlement?
The default qualifying period would be ten years, with shorter and longer pathways. The table below summarises the announced pathways, based on the government response and legal commentary on it. Details may change when the rules are drafted.
| Qualifying period | Who it is intended for | Key condition (announced) |
|---|---|---|
| 3 years | Very high earners and the “Highest Talent Group” | Earnings of at least £125,141 in three of the last four years. The talent pathway is still subject to review, including advice from the Migration Advisory Committee. |
| 5 years | Strong contributors, public service workers and those with a recognised British connection | Earnings of at least £50,271 in three of the five years before applying, or five years in a specified health or education role, or a qualifying British connection. |
| 10 years | The standard ten year route for most people | Earnings of at least £12,571 in five of the seven years before applying. |
| 20 years | Those with specified immigration breaches or continued public funds use | Adult breaches such as overstaying, breach of conditions or deception will ordinarily lead here, subject to exemptions still to be finalised. |
How Earnings Would Be Assessed
The earnings tests look back over a set number of years, so a short gap need not defeat an application. The government’s own example describes someone who earns above the threshold for three years, takes two years of maternity leave and then works for two more years. That person would meet the test in five of the last seven years.
The £12,571 figure is aligned to the income tax personal allowance, so the minimum income requirement may change if that allowance changes. It is a mandatory minimum income measured against taxable income, not a salary promise. Partners can combine household income to reach £25,142, which is twice the individual figure, and the main applicant’s record is assessed alongside the partner’s.
Which Routes Count for Earned Settlement UK
Time on longer-term work, talent and family routes is expected to count, including Skilled Worker, Global Talent, Innovator Founder and partner routes. Time on expressly temporary visas, such as student visas or graduate visas, is not expected to count towards settlement simply because it forms part of ten years in the UK.
What Are the Mandatory Requirements for Earned Settlement?
Every applicant would need to meet a set of minimum standards, whichever pathway they use. The Home Office lists character and suitability, government debt, English language, the Life in the UK Test and sustained contribution, with relevant exemptions except for criminality.
Criminal Record and Suitability
Criminality is the one area with no exemptions. Legal commentators report that even an absolute discharge or a court-imposed fine could lead to refused settlement, so the precise threshold needs close attention once the rules are published. If you have any criminal record, including a caution, you should seek advice early.
Government Debt
You would need to have no outstanding government debt. The response lists NHS debt, tax debt (including unpaid taxes and National Insurance contributions) and litigation debt owed to the Home Office. If you have received asylum support and must repay it, you would need to have repaid it or be keeping to an agreed repayment plan.
English Language and Life in the UK
B2 English would become the standard level, roughly equivalent to an A level in a foreign language. The existing exemptions for children, people aged 65 and over and those unable to meet the requirement because of a physical or mental condition would continue. You would also still need to pass the Life in the UK test.
Our guide to the Life in the UK test for ILR and settlement explains how it works today.
Economic Contribution and National Insurance Contributions
You would generally need to show economic contribution through earnings of at least £12,571 a year in the qualifying years, which links to the thresholds for paying tax and national insurance contributions. Exemptions are expected for some groups, but the full list is still awaited.
Public Funds
Public funds are certain benefits and housing support. Applicants seeking settlement after three, five or ten years must not have accessed specified public funds during the preceding five years.
Claiming public funds for less than 12 months adds 5 years. While claiming public funds for 12 months or more adds 10 years. Those who continue to access them may face a 20-year period, subject to exemptions that are not yet final.
Refugees admitted through designated safe and legal routes are exempt from this requirement. The government has said it will first follow the existing definition of public funds.
How Earned Settlement UK Could Affect Existing Visa Holders
If you are already in the UK on temporary visas or other work or family routes, the announced policy is more likely to affect you than not. The Home Secretary has said that settlement rules are determined when a settlement decision is made, not at the point when someone arrives. Transitional arrangements are therefore targeted, not general, and you can only apply for settlement under the rules in force at that time.
Skilled Worker Visa Holders
Not every Skilled Worker would keep a five-year route. Some may qualify under an earnings pathway or a public service category, while others may face the standard ten-year period. The current five-year Skilled Worker settlement rules remain in force until they are amended.
Where a worker in an occupation below RQF level 6 needs ten years to settle, the response says they may extend on existing transitional salary terms until 2035. Our guide to the Skilled Worker visa to ILR route sets out the current requirements and salary rules.
Care Workers
The proposed 15-year route for care workers has been dropped. Under the care worker route, care workers now fall within the standard ten-year pathway, although they may qualify sooner through an accelerated route.
A targeted protection applies to care workers who entered or switched into the route before the Immigration White Paper of 12 May 2025. They may keep a five-year qualifying period if they meet the £25,000 salary, sponsorship, employment and strengthened general settlement requirements.
A protected care worker who cannot qualify after five years is intended to be able to apply for a further five-year visa, which is not an automatic grant of settlement.
Health and Education Workers and Public Service Workers
Five years is expected for health and education workers in specified occupations whose going rates are based on national pay scales. Certain existing workers in these occupations below RQF level 6 will receive similar transitional protection. The exact occupation lists for public service workers will depend on the final rules.
Partners and Children
The final framework is more family-friendly than the consultation draft. Partners can pool income, children under 18 can continue to settle with their parents, and young adults aged 18 to 24 who keep child dependant status can settle with their family without meeting an individual earnings test. They must still meet the other mandatory requirements.
From the age of 25, the applicant must normally qualify individually or move to another route. Partners and family members who arrive together are intended to settle together, but a partner joining later will normally need to complete the same qualifying residence period in their own right. If you are on a partner route, our UK spouse visa team can explain how this may apply.
What About Refugees, Existing ILR Holders and Protected Groups?
Refugee pathways would be restructured, while people who already hold settled status are not expected to be affected by the new qualifying periods. This section is a brief overview only.
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Existing ILR holders: if you already hold ILR, the new qualifying periods are not expected to apply to you. Legal commentators also treat settled or pre-settled status under the EU Settlement Scheme as outside the reform, and the same applies to British citizens.
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Safe and legal routes: people granted refugee status after arriving through new safe and legal routes are to be eligible for settlement after five years. UK Resettlement Scheme refugees would need A2 (basic) English and are exempt from the Life in the UK test until an A2 version exists.
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Other refugees: those who did not arrive through a safe and legal route, and whose asylum claim is granted, face 20 years, rising to 30 years for illegal entry including by small boat. Entering work or education can reduce the period by 10 years, and refugees can switch to a work and study route for a ten year pathway. Time spent on core protection does not count towards that ten year pathway.
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Other groups: British National (Overseas) visa holders and those with a recognised British connection are expected to keep a five-year route. The government has also said it will honour specific existing commitments to a small number of groups, and targeted safeguards are planned for vulnerable people, including domestic abuse survivors.
How Do Transitional Arrangements and Previous Residence Work?
Transitional arrangements are narrow, and the government has not published a general set of provisions. The clearest protections are those for care workers and certain health and education workers described above.
Time Previously Spent in the UK
Time already spent on a route that counts is expected to count towards the qualifying residence period. However, time on protection or human-rights routes cannot be combined with time on work or family routes. Where someone moves between them, the qualifying period for the new pathway starts when they move onto it.
Time spent on temporary routes such as Student or Graduate is not expected to count. If you have switched routes, a careful review of your history is worthwhile. Our article on the 3-year ILR path and combining routes explains how route changes work under the current system.
Earned Settlement and the Ten-Year Long Residence Route
The two are different. The current long residence route lets people with ten years of continuous lawful residence apply for ILR, even if they were on different visas. It is a separate route in the Immigration Rules.
Earned settlement is a new framework with a ten year qualifying period as its default, but with contribution tests and mandatory requirements. The government intends to close the long residence route when the new framework is implemented. It has not yet been abolished, and the current rules remain available until the Immigration Rules change. Our article on the 10-year long residence ILR guidance covers the route as it stands.
When Will Earned Settlement Come Into Effect?
There is no confirmed commencement date for the general framework. The Home Secretary told MPs that the changes will begin to be laid from the December Immigration Rules and will be implemented over the course of 2027. You can read the statement itself on GOV.UK.
This is an expectation, not a confirmed start date. Changes to the Immigration Rules are made through a Statement of Changes, and each change starts on the date that statement gives, which may be later than the date it is laid.
One related measure is already set. A rule change confirmed that B2 English for settlement on several routes applies to applications made on or after 26 March 2027, subject to route-specific provisions and exemptions. If your plans depend on timing, check the latest position before relying on any date.
Two Short Examples of How Earned Settlement Could Apply
These examples are hypothetical and simplified. They are not predictions of how any application would be decided.
Example 1: A Skilled Worker on a Mid-Range Salary
Amira is a Skilled Worker in a role above RQF level 6, earning around £42,000. She is two years into her visa. Under the announced policy, she would not meet the £50,271 threshold for the five-year pathway, so the ten-year default could apply unless another pathway fits her role. She would also need B2 English, no government debt and the required earnings record.
Example 2: A Care Worker Who Arrived Before May 2025
Daniel entered the care route in early 2025 and has worked for his sponsor since. He falls within the protected group, so he may keep a five-year period if he meets the salary, sponsorship, employment and general requirements. If a settlement application were not possible after five years, a further five-year visa is intended to be available, though that is not a grant of settlement.
How Can You Prepare for Earned Settlement Now?
Preparation is practical and low-risk, because most of it helps under both the current and the new rules. At Axis Solicitors, our immigration team often recommends starting with your records.
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Check your timeline: list your visas, dates and any breaks, and note whether each route is expected to count.
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Keep earnings evidence: gather payslips, P60s and tax returns, because earnings history will matter on every pathway.
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Review your record: consider any caution, conviction, fine or overstaying, and any outstanding NHS, tax or other government debt.
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Plan your English: if you hold B1, consider working towards B2 early, as the higher standard is coming first.
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Know your documents: use our ILR document checklist to see what is usually required.
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Do not rush on assumptions: settlement applications are judged under the rules in force on the date you apply, so check eligibility before committing to a strategy.
How Axis Solicitors Can Support Your Settlement Planning
These services can help you understand where you stand before the new rules arrive.
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Indefinite Leave to Remain: our team reviews your eligibility under the current rules and helps you prepare an application, including evidence of residence, earnings and suitability.
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Studies, work and settlement: this service helps you understand how your current route, and any planned route change, may affect your path to settlement.
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Skilled Worker Visa: advice for employees and employers on how salary, occupation and sponsorship may affect settlement timelines.
Axis Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No. 653526), with offices in Manchester, Birmingham and London. We are an independent law firm and are not affiliated with UKVI or any government body.
Frequently Asked Questions About Earned Settlement
What is earned settlement in the UK?
It is the government’s planned framework in which ILR depends on contribution, character, integration and residence, with a ten-year default. It is announced policy and not yet in the Immigration Rules.
Is earned settlement law yet?
No. The government has published its policy and consultation response, but the changes need to be made through the Immigration Rules. The current rules remain in force until then.
When is earned settlement coming into effect?
No general commencement date is confirmed. The Home Secretary has said the rules will begin to be laid from December and be implemented over 2027, which is an expectation only.
Can I still apply for ILR under the current five-year rules?
Yes, if you meet the current requirements of your route. Applications are assessed under the rules in force when you apply, so eligibility should be checked before you decide when to apply.
Will the ten-year long residence route still exist?
Not in the long term. The government intends to close it when the new framework is implemented, but it has not yet been abolished.
Will my partner and children be affected?
Possibly. Partners can combine income, children under 18 can settle with their parents, and young adults aged 18 to 24 with child dependant status can settle without an individual earnings test. From 25, they normally need to qualify individually.
Speak to a Solicitor About Your Settlement Options
If you want to know how earned settlement could affect your own timeline, a personal review is the sensible next step.
Our Indefinite Leave to Remain team can check your eligibility under current rules and flag points to watch as the new rules emerge, without promising any outcome. Our UK Immigration team can advise if you are considering a change of route, or if your family’s position is more complex.
To arrange an individual eligibility review, please contact Axis Solicitors and speak to a solicitor.
