Earned Settlement FAQs: The Government’s plans for indefinite leave to remain
Frequently Asked Questions
The government released the long awaited earned settlement consultation response on 2 November 2026.
The plan raises many questions for UK visa holders and their employers. We set out here some answers.
Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances. Contact a member of the immigration team for more information.
Background
1. What is earned settlement?
Settlement is another word for indefinite leave to remain (ILR). If someone has ILR it means that there is no time limit on their ability to stay in the UK. They can work and study without restrictions and they are eligible for welfare benefits. For some people ILR is a step towards applying for British citizenship, usually one year after being granted ILR.
The immigration white paper published on 12 May 2025 included a broad range of proposals. A central part of the white paper was the concept of earned settlement.
The white paper stated that the government wished to “reform the current rules around settlement through an expansion of the principle behind the Points-Based System, that individuals should earn their right to privileged immigration status in the UK through the long- term contribution they bring to our country.”
The idea is that ILR applicants will need to show certain contributions to the economy and society.
The standard qualifying period for ILR will be doubled from 5 to 10 years. For some people the qualifying period will be shorter than 10 years. For others it will be even longer.
There are some other major changes. One is that the current 10-year long residence route to ILR will be abolished.
The white paper said that the government would consult on the proposals. The consultation was launched on 20 November 2025 with an accompanying press release. Then on 2 November 2026 the government’s response to the consultation was released.
2. What is the timeline?
The new Immigration Rules will be published in December 2026 and will become law in 2027. No one knows the exact dates but the new law is likely to start between January and April 2027 and may be phased in incrementally.
Normally there is a gap of at least 21 days between new Immigration Rules being published and coming into force, but not always.
Unfortunately, any accompanying Home Office guidance on the changes is unlikely to be published until the new rules start.
3. What can we do if we want to object to the proposals?
Although the consultation survey has closed you can still:
- Write to your MP. Consider writing to your MP to tell them your thoughts on the plans and ask them to represent your views. Many MPs are already concerned about the plans, including those who took part in a debate on the qualifying period for ILR on 8 September 2025.
- Tell us what you think about the proposals. We will be working with other immigration lawyers and writing to the Home Office. We want to hear your views. Alongside colleagues in our public law team we are also assisting Skill Migrants Alliance with any challenges to the earned settlement changes.
4. Will all the proposals in the consultation response document become law?
No one knows the exact details of what the rules will include. The plans in the consultation response give a good indication of what the new rules will include but some of the information is vague and unclear.
Once the new Immigration Rules have been published they are almost certain to become law. In theory changes to the rules can be rejected if Parliament approves a motion expressing disapproval of them. In practice this never happens. MPs can table a motion expressing disapproval of the changes but the government does not have to allow a vote on the motion.
5. Will the proposals be subject to legal challenge?
The proposed changes are almost certain to be challenged in the courts, but until the new rules have been published it is not clear what the basis of any challenge would be or whether it is likely to succeed.
CALCULATING THE QUALIFYING PERIOD FOR ILR
6. How will the ILR qualifying period work under the new rules?
Once the changes become law, these are the steps to work out how long it will take to qualify for ILR:
- The starting point is a 10-year baseline qualifying period.
- All applicants have to meet the mandatory requirements to qualify for ILR. If they cannot meet these requirements they will never qualify for ILR.
- Applicants then need to assess the reductions (attributes which reduce the baseline qualifying period) and penalties (attributes which increase the baseline qualifying period) which apply to them.
7. What are the proposed mandatory requirements for ILR?
All ILR applicants will need to meet the following earned settlement mandatory requirements, which are divided into four pillars. Other requirements will apply depending on the type of settlement application.
Pillar 1: Character
Requirements:
- No criminal convictions. The current rules already include requirements relating to criminal convictions. The earned settlement thresholds will be tougher. The consultation response says “any adult applicant with a criminal record in the UK will be refused settlement.” The consultation response says criminal convictions include custodial or suspended sentences, out-of-court disposals such as absolute and conditional discharges, conditional cautions, court-imposed fines, community sentences, detention and training orders, civil orders where there has been a conviction, and convictions outside the UK where the underlying conduct would constitute a criminal offence in the UK.
- No government debt. The applicant must have no “NHS debt; tax debt.; including unpaid tax, and national insurance contributions; and litigation debt owed to the Home Office”.
Pillar 2: Integration
Requirements:
- English language. The current rules require the applicant to pass an English language test in speaking and listening at level B1 (intermediate) of the Common European Framework of Reference for Languages, unless they meet the requirement in another way. The minimum level will increase to B2 (upper intermediate). A previous rule change confirmed this will apply to ILR applications from 26 March 2027. There are different rules for refugees applying for settlement.
- Life in the UK test. Applicants will need to pass the Life in the UK test, as they do under the current rules. The government will review the make-up of the test to ensure it “better reflects life in modern Britain”.
Pillar 3: Contribution
Requirements:
- Annual earnings above £12,571. The applicant will need to have earned more than £12,571 per year for at least 5 of the 7 years immediately before applying for ILR on the basis of a 10-year qualifying period. However, it is also possible to rely on total joint/household income with a partner of £25,142 per year for at least 5 of the 7 years immediately before applying for ILR. This is a new requirement and will have an impact on some families.
Pillar 4: Residence
Requirements:
- Lawful continuous residence. As under the current rules, applicants will need to show that they have been continuously resident in the UK for a certain period to qualify for ILR. Excess absences will disqualify them. The 10-year long residence ILR route will close.
8. What will reduce or increase the qualifying period for ILR?
The 10-year baseline qualifying period will be reduced or increased depending on the applicant’s attributes. These are listed below.
Only one reduction can apply. If there are multiple attributes which could reduce the baseline qualifying period, the one which provides the largest reduction applies.
Only one penalty (an increase in the baseline qualifying period) can apply. If there are multiple attributes which could increase the baseline qualifying period, the one which provides the largest increase applies.
If there is a reduction and a penalty they are combined. For instance, if there is a 1-year reduction and a 5-year penalty this results in a 4-year increase in the baseline qualifying period.
These details are subject to the detail of the Immigration Rules.
REDUCTIONS
Pillar: Contribution
Attributes
- Applicant has earned £125,141 for at least 3 of the last 4 years immediately prior to applying for settlement
Adjustment to baseline qualifying period: Minus 7 years
- Applicant has earned £50,271 for at least 3 of the last 5 years immediately prior to applying for settlement
Adjustment to baseline qualifying period: Minus 5 years
- Applicant has been employed in a specified public service occupation (including doctors, nurses and teachers), or as a care worker earning more than £25,000, for 5 years and first arrived in the UK before 12 May 2025
Adjustment to baseline qualifying period: Minus 5 years
Pillar: Residence
Attributes
- Applicant has a “British connection” with permission as the parent/partner/child of a British citizen, or has UK Ancestry permission
Adjustment to baseline qualifying period: Minus 5 years
- Applicant holds a permission granted under the British National Overseas route or EU Settlement Scheme
Adjustment to baseline qualifying period: Minus 5 years
- Applicant is a Global Talent or Innovator Founder visa holder already on a 3-year path to settlement
Adjustment to baseline qualifying period: Minus 7 years
- Specific, vulnerable groups and refugees who arrived through designated Safe and Legal routes
Adjustment to baseline qualifying period: Minus 5 years
Some further information is here:
- Global Talent and Innovator Founder visa holders. The earned settlement response refers to those in the “Highest Talent Group” being able to qualify for ILR after 3 years. The response document is unclear but this appears to relate to those people who have Global Talent visas (it is unclear whether it will apply to all Global Talent visa holders or only those with designated exceptional talent) and Innovator Founder visas will be able to apply for ILR on the basis of a 3-year qualifying period. The earned settlement response also says this is subject to review by the Migration Advisory Committee.
- Applicable visa categories. High earner Skilled Worker visa holders will no doubt be able to take advantage of the shorter qualifying periods. It could well be that many other visa holders will be able to rely on the 3-year qualifying period for high earners. For example partners of British/settled people (see also questions 10 and 11), UK Ancestry visa holders, and Hong Kong British National (Overseas) visa holders may well qualify but we do not know for sure until the new rules are published next month.
- Earnings. The earned settlement response document does not define “earnings”. We expect it will include gross basic salary. We do not know whether it will include other types of earnings. We do not know what documentation will be required to evidence the earnings across the 3-year period – but presumably payslips and any corresponding annual tax return document will be relevant. The earned settlement response document refers to meeting the “earnings threshold in three of the four years immediately before applying for settlement”. Presumably that means 3 years in the 4 years counting back from the date of application rather than earnings in previous tax years, but we cannot be sure yet. The earnings amounts (as well as the mandatory earnings amount) are subject to change when future tax thresholds change.
- English language and volunteering. Meeting a higher standard of English or volunteering will not shorten the qualifying period as had been proposed in the consultation document.
PENALTIES
Pillar: Contribution
Attributes
- Applicant has been in receipt of public funds in the 5 years before submission
Adjustment to baseline qualifying period: Plus 10 years
Pillar: Character and Residence
Attributes
- Applicant has breached immigration laws
Adjustment to baseline qualifying period: Plus 10 years
- Refugee on standard Core Protection route to settlement
Adjustment to baseline qualifying period: Plus 10 years
- Applicant arrived in the UK illegally e.g. via small boat/clandestine
Adjustment to baseline qualifying period: Plus 20 years
Some further information is here:
- Public funds. As above, if someone has claimed public funds in the last 5 years before their ILR application they may need to wait 20 years before they can apply. But if an applicant has previously claimed public funds but it was more than 5 years ago they could apply sooner on the basis of a 3, 5 or 10-year qualifying period. There are different rules on public funds for refugees applying for settlement.
- Breached immigration laws. Not breaching immigration laws is already a condition for applying for ILR. The consultation response says that adults who commit immigration breaches (including overstaying a visa, breaching a condition attached to immigration permission, using deception in an application, and taking action to frustrate immigration controls) will be on a 20-year track to The Immigration Rules will include more details.
- Sponsored workers in below level 6 medium-skilled roles. In a positive outcome, sponsored workers in occupations below RQF level 6 (so called medium-skilled roles) will not face a longer 15-year pathway to ILR as had been proposed in the consultation. As above, they can qualify on the basis of the standard 10-year pathway or on accelerated basis depending on their earnings. We presume this also includes anyone who has been sponsored in a role on the Temporary Shortage List.
- Skilled Workers who arrived before 4 April 2024. Those who applied for their first Skilled Worker visa before the salary thresholds hugely increased on 4 April 2024 have been able to rely on lower minimum salaries. The current rules allow those lower minimum salaries until 5 April 2030. The earned settlement response confirmed that the lower salary thresholds can be relied on until 2035 to enable these people to apply for ILR after 10 years if they do not qualify sooner.
- Refugees on the Protection Work and Study route. The 20-year Core Protection qualifying period and 30-year illegal entrant qualifying period could be reduced by 10 years if the person switches to the Protection Work and Study route.
Summary
Here is a summary of what the qualifying period will be for people who are eligible for a reduction and do not have a penalty, subject to the rules once published:
| Qualifying period* | Relevant Groups |
| 3 years |
|
| 5 years |
|
| 10 years |
|
| 20 years |
|
| Will never qualify for ILR |
|
ANALYSIS
9. Will the proposed changes apply to existing visa holders?
Aside from some limited groups (see the Reductions section of question 8), everyone in the UK already will be affected by the new earned settlement rules.
The consultation sought views on whether there should be transitional arrangements for existing visa holders who are already on a path to ILR. This is one element which could be the subject of a legal challenge.
The proposed changes will not affect people who have already been granted ILR, although it could affect their ability to apply for British citizenship – see question 14.
10. Who will be exempt from the changes?
Nothing will change for EU citizens and their family members with status under the EU Settlement Scheme. They will continue to have a 5-year qualifying period and the mandatory requirements will not apply to them.
Family members of British citizens will get a 5-year reduction in the qualifying period but the earned settlement response confirms that they may need to meet all of the new mandatory requirements to qualify for ILR, including the earnings requirement. Under the current rules it is possible for the applicant to rely on the British citizen’s earnings to meet the minimum income requirement, which is currently £29,000 per year for this type of visa and/or to rely on cash savings and zero income. Applicants will have to meet the new £12,571 earnings requirement or the joint/household total income of £25,142 (see question 7). This could be an issue for some people, for example those who have met the minimum income requirement with cash savings and do not have any earnings. It is possible the Immigration Rules will provide an exemption on that point. As mentioned in the “Reductions” section of question 8, we await the rules to know whether partners of British citizens can apply after 3 years as a high earner. If so, the rules will also need to clarify whether it makes any difference if it is the British citizen earning.
Hong Kong BNO visa holders, those on the Afghan Schemes, Legacy Safe and Legal routes, and Windrush scheme will get a 5-year reduction in the qualifying period. The new criminality and level B2 English requirements will apply unless the route has a specific exemption/safeguard. It does not appear the earnings requirement will apply to these people.
11. How will family members of people with ILR be affected?
Under the current rules, family members of people with ILR are granted the same type of visa under Appendix FM, with the same requirements and conditions, as family members of British citizens.
The earned settlement response states that there will be a 5-year reduction in the baseline qualifying period for “eligible partners, parents and children of British citizens” – with a so called “British connection”. It appears that the Home Office does not intend to give the 5-year reduction in the baseline qualifying period to family members of people who have ILR. This will be a major change.
As with family members of British citizens, family members of people with ILR will need to meet all of the new mandatory requirements, including the earnings requirement. As with partners of British citizens, as mentioned in the “Reductions” section of question 8, we await the rules to know whether partners of settled people can apply after 3 years as a high earner. If so, the rules will also need to clarify whether it makes any difference if it is the settled person earning and what happens if cash savings have been relied on to meet the financial requirements in the partner visa application.
12. How will family members of visa holders be affected?
Under the current rules, dependent family members usually qualify for ILR at the same time as the main applicant if they arrived in the UK together. (There are some exceptions, for instance in the case of some Global Talent visa holders who can apply for ILR after 3 years but whose family members have to wait 5 years.)
The earned settlement response proposes that will remain the same under the new rules in that dependent family members who arrived with the main applicant visa holder should be able to qualify at the same time (and their qualifying period should not be based on their own particular circumstances as had been proposed in the consultation). However, adult dependants will have to meet the earnings requirement.
Adult dependent children aged 25 or over when their family qualify for ILR will need to independently meet the rules for ILR – including in relation to earning at least £12,571 (it is currently unclear for how long they will need to have earned that amount). Alternatively they will need to switch immigration category, for example into the Skilled Worker category.
13. How will sponsored workers in occupations below RQF level 6 be affected?
As mentioned above, the consultation document said that people sponsored in roles below level 6 would be put on a 15-year track to ILR. That proposal has not been adopted in the earned settlement response.
14. Will there be changes to British citizenship?
The plans for earned settlement do not affect British citizenship.
The May 2025 immigration white paper referred to “earned citizenship” and stated that there would be reforms to the requirements for becoming a British citizen, based on similar principles to earned settlement.
Any reforms to British citizenship will require separate legislation – not just change in the Immigration Rules. At the moment there is no way of knowing what those reforms will be. It could be that the ‘good character’ requirements for nationality applications will be updated when the criminality rules for settlement change.
VISA HOLDERS
15. Can I apply for ILR before the rules change?
The new Immigration Rules will be published in December 2026 and will become law in 2027. No one knows the exact dates but the new law is likely to start between January and April 2027 and may be phased in incrementally.
If you can apply before then, do. This is especially important if you do not qualify for a reduction in the baseline qualifying period under the proposed new rules or if you are eligible to apply now under the 10-year long residence route.
If you apply before the rules change it is likely that your application will be decided under the current requirements, even if the new rules come into force before the decision is made. This is not guaranteed – it depends on the wording of the new rules – so you should apply as soon as possible.
The first step is to work out when you are eligible to apply. For most types of visa which lead to ILR after 5 years the earliest you can apply is 28 days before the 5-year anniversary of the “valid from” date on your visa. For example, if you have a Skilled Worker visa and your first Skilled Worker was valid from 1 February 2021 and you arrived in the UK on 15 March 2021 you can potentially apply for ILR on 4 January 2026 (28 days before 1 February 2026).
16. Will I still be able to apply for ILR on the basis of the 10-year long residence category?
No. The earned settlement response confirmed that the 10-year long residence category will close when the earned settlement rules become law.
17. If I have been given permission to have recourse to public funds, will I still be subject to a longer qualifying period?
The earned settlement response is not clear on this but does include that “The Government will…determine which benefits and forms of support are taken into account for this requirement, including where safeguards or exemptions are appropriate for vulnerable groups. Further detail on safeguards or exemptions will be set out before implementation.”
18. What if I am on a Tier 1 (Investor) visa?
Tier 1 (Investor) visa holders are subject to a current sunset clause meaning they have to apply for ILR by 17 February 2028. The earned settlement response confirms that these ILR applications will not be affected by the new earned settlement rules.
EMPLOYERS
19. What should we be doing to support our staff?
You should encourage your sponsored workers and other visa holders to apply for ILR as soon as possible if they are eligible.
You are welcome to share these FAQs with them.
If you wish, we can do an in-person meeting or webinar for your sponsored workers and other visa holders to explain the new plans to them and answer their questions – to the extent that we can, given that the rules have not yet been published. If you would like this please contact us.
Employees whose salary is slightly below the one of the proposed thresholds for a reduction in the baseline qualifying period (£50,271 or £125,141 per year) may ask for a salary increase. They will need to be paid at the relevant level for at least 3 years to qualify for a reduction so doing this will not help them to apply soon, but it is possible that this will put them on a shorter path to ILR.
20. Where can I find more information?
Here are links to some useful resources:
- Immigration white paper – 12 May 2025
- Home Office press release – 20 November 2025
- Home Office consultation on earned settlement – 20 November 2025
- Home Office consultation – link to survey questions
- Government’s findings from the consultation
- Earned settlement response/adopted policies
We will be releasing further information, alerts and blogs over the coming months as well as hosting webinars and seminars. If you would like to see these or attend and you are not already on our immigration mailing list sign up here.
