The Government has now published its response to the consultation on its proposed Earned Settlement framework, confirming significant changes to the UK’s settlement (Indefinite Leave to Remain) system. The reforms represent one of the most substantial changes to settlement policy in recent years and will affect many migrants planning their long-term future in the UK.
We expect a Statement of Changes to be issued in December 2026, with changes to be implemented across 2027. Importantly, none of the changes are yet confirmed by the Immigration Rules or guidance and as such nuances in their application are yet to be assessed.
What is changing?
Under the current immigration system, many migrants can qualify for settlement after five years of lawful residence, provided they meet the relevant requirements of their immigration route.
The Government has confirmed that the standard qualifying period for settlement will move from five years to ten years. However, qualifying periods for settlement will no longer be based primarily on the length of residence. Instead, individuals will need to demonstrate contributions to the UK, integration into British society, and compliance with immigration and wider legal obligations.
According to the Government, settlement should be ‘earned’ rather than being granted automatically after a prescribed period of residence. There is room for discussion on this point, as many would validly suggest that thousands of pounds in application fees, national insurance and tax contributions over at least 5 years and proving knowledge of English language and life in the UK require positive action, investment and dedication, rather than being ‘automatic’.
The four pillars of Earned Settlement
The new framework will be built around four key principles:
- Character
Applicants will need to demonstrate good character and compliance with UK laws.
The Government confirms that criminality, certain debts owed to the state and immigration non-compliance will have serious consequences for settlement eligibility. In some cases, settlement may be refused entirely, while in others applicants may face significantly longer qualifying periods.
Previously, there was some discretion for convictions of under 12 months, for example, especially where good character can since be evidenced. Under the new rules, there appears to be no room for discretion, that is unless the conviction happened overseas and would not be considered a crime under UK law.
In addition, previous compliance breaches could double the qualifying period to 20 years.
- Contribution
Settlement will increasingly be linked to economic and social contribution.
The Government intends to reward applicants who have made sustained contributions through employment, public service or exceptional economic participation.
- Integration
Applicants will be expected to show meaningful integration into British society.
This includes meeting increased English language requirements and demonstrating engagement with life in the UK.
- Residence
Lawful residence will remain important, but residence alone will no longer be sufficient to obtain settlement.
Mandatory requirements for all applicants
Regardless of which settlement pathway applies, every applicant will need to satisfy the core requirements, including:
- Good character and suitability;
- No outstanding Government debt;
- Strong English language ability;
- Passing the Life in the UK Test; and
- Evidence of sustained contribution to the UK.
Importantly, the Government states that these mandatory requirements cannot be offset by higher earnings or contributions in other areas.
The new settlement pathways
Fast-track settlement after 3 years
A limited group of migrants will be able to qualify for settlement after three years.
This route is intended for individuals making an ‘exceptional economic contribution’, including those earning at least £125,141 for three years (or three of the previous four years), as well as certain highly talented migrants.
This provides a clear route for high earners to achieve expedited settlement, previously only available to Exceptional Global Talent and Innovator Founder applicants. Though the individuals this will apply to may be limited, it is still a welcome pathway.
Settlement after 5 years
A five-year route will remain available for individuals who make a particularly strong contribution to the UK.
This includes:
- Individuals earning at least £50,271 for three of the previous five years;
- Certain public service workers such as care workers, nursing assistants and teaching assistants;
- Individuals with a recognised British connection; and
- Those who meet all mandatory requirements.
The earnings threshold may disproportionately benefit those in major cities such as London, where wages are usually higher than average. The Home Secretary reverted on the original proposal to increase care worker qualifying periods to at least 15 years, in recognition of their wider contribution to the United Kingdom, especially with a large proportion of them working with the most vulnerable in society during the pandemic.
Standard settlement after 10 years
For many migrants, ten years will become the default pathway.
Applicants will generally need to demonstrate earnings of at least £12,571 for five of the previous seven years, alongside compliance with the mandatory requirements.
Extended pathway of 20 years
Individuals who have accessed public funds or committed qualifying immigration breaches may find themselves on a twenty-year route to settlement, even if they otherwise meet the core requirements.
Impact on Skilled Workers
Many Skilled Workers who would previously have expected settlement after five years may now face a ten-year route.
However, the Government is introducing accelerated pathways for higher earners and certain public-sector workers. In practical terms, the reforms create a tiered system where salary level and contribution increasingly determine how quickly settlement can be achieved.
What about care workers?
Transitional arrangements have been introduced for certain care workers who entered the route before publication of the Immigration White Paper in May 2025. They must be earning at least £25,000, though how this is applied is not yet clear. Those who meet the applicable requirements may continue to benefit from the existing five-year pathway. Alternatively, if those requirements are not met, the government intend to give these individuals a second opportunity by applying for a further five-year Health and Care visa, restricted to genuine work in the sector. Others may need to move onto the new system and potentially qualify after ten years.
In addition, from 01 February 2027, care workers who have lost their employment due to the sponsor licence being revoked will have up to 120 days to secure a job offer and a further 60 days to resolve their visa and employment status. These are welcome reforms and provide a protective mechanism against the detrimental impact of their sponsor’s non-compliance.
Dependants
One of our key criticisms of the White Paper was its proposal to assess applicants individually rather than as a family unit. We welcome the retention of provisions allowing dependant partners to settle with the main applicant, provided they meet the relevant qualifying period and settlement requirements.
For example, though the income requirement of at least £12,571 per applicant applies, this can be grouped and considered as household income which accommodates for single income households.
Children under 18 can continue to settle with their parents, exempt from the income, government debt, English language and Life in the UK test requirements, but subject to suitability and criminality requirements. Young adults aged 18–24 who retain child-dependant status can also settle with their family, subject to adult mandatory requirements but exempt from the individual income requirement.
However, under Earned Settlement, dependants aged 25 or over when their family qualifies for settlement will need to qualify independently or switch to an appropriate immigration route. This reflects the existing age threshold under the Skilled Worker rules.
Refugees and vulnerable groups
The Government has created separate provisions for refugees and vulnerable groups.
Refugees arriving through designated resettlement routes will generally continue to have a five-year route to settlement, while many individuals granted protection through the asylum system will be subject to longer settlement pathways, depending on their circumstances and participation in work, education or training.
The consultation response also confirms special protections and tailored arrangements for certain vulnerable individuals.
What does this mean for migrants?
The key message is that settlement in the UK is moving from a primarily time-based system to one that places greater emphasis on:
- Economic contribution;
- Integration;
- Compliance with immigration rules; and
- Good character.
For some migrants, particularly high earners and those working in designated public service occupations, the reforms may provide opportunities to secure settlement more quickly than under the previous system. For many others, however, the route to settlement is likely to become longer and more complex.
How can we help?
The detail of the new Earned Settlement framework is extensive, and further implementation guidance is expected from the Home Office before the reforms take effect. Individual circumstances will remain critically important, particularly for Skilled Workers, family migrants, care workers and those with periods of immigration non-compliance and criminal records.
If you are concerned about how these changes may affect your eligibility for settlement or British citizenship in the future, obtaining tailored immigration advice at an early stage will be essential.
If you believe you may qualify for settlement, we strongly suggest taking action to assess your eligibility as soon as possible, Given the statement of changes is expected in December 2026, time is of the essence.
Branch Austin McCormick’s immigration team regularly advises individuals, families and businesses on settlement, citizenship and long-term immigration planning. If you would like advice on how the new Earned Settlement proposals may affect you, please contact Efrat Shemesh, Partner and Head of our Immigration team at es@branchaustinmccormick.com and Charlotte Catto, Partner in our Immigration team at chc@branchaustinmccormick.com.
