Earned Settlement FAQs: The Government's proposals for indefinite leave to remain

The government launched the long awaited consultation on earned settlement on 20 November 2025.
 

The consultation 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
 

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 being proposed. One is that the current 10-year long residence route to ILR will be abolished. Another is that in future people who are granted ILR will not be eligible for welfare benefits. They will need to become British citizens to become eligible.

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.

 

What is the timeline?

The deadline to respond to the Home Office’s consultation is 12 February 2026. After that, we would expect a period of review before new Immigration Rules are published.

Normally there is a gap of at least 21 days between new Immigration Rules being published and coming into force, but not always. The Home Office has indicated that some of the new rules could potentially start as early as April 2026.

Unfortunately, any accompanying Home Office guidance on the changes is unlikely to be published until the new rules start.

 

How do we respond to the consultation?

The consultation is in the form of an online survey. The survey questions are also included in Annex B of the earned settlement consultation document (from page 36 / electronic page 40).

The survey is anonymous. You will not be asked for your name or the name of your organisation.

We encourage as many people as possible – employers and individuals – to respond to the survey. 

Before starting, we suggest that you read the consultation document and these FAQs.

The survey not been designed to invite comments on the fundamental proposals because the Government has already decided to implement them. Most of the questions are about details as opposed to the key proposed changes. For instance, there is a question about the extent to which you agree that dependants of Global Talent visa holders should retain their current 5-year path to settlement. Most people taking part in the consultation will not have a view on this. But there is no question about the extent to which you agree with the key proposed change – the doubling of the standard qualifying period for ILR from 5 years to 10 years.

You should answer the questions however you want, but we have provided suggestions below for three key questions.

RQF level 6 occupations
 

One of the questions in the survey is about increasing the standard qualifying period to 15 years for sponsored workers in occupations below RQF level 6:

“To what extent do you agree or disagree that migrants who have worked in an occupation below RQF level 6 should have their standard qualifying period for settlement set at 15 years?”

If you believe that a 15-year wait for ILR is much too long for someone who has been working lawfully in the UK you should answer “Strongly disagree” to this question.

For more information about this see question 14.

Transitional provisions for existing visa holders
 

One of the most important questions is phrased in a confusing way because it asks for your view on a negative statement:

“To what extent do you agree or disagree that there should not be transitional arrangements for those already on a pathway to settlement?”

If you believe that it is important to have transitional provisions to protect existing visa holders you need to answer “Strongly disagree” to this question.

For more information about this see question 10.  

Dependent partners
 

Another key question is about dependent partners of migrants:

“To what extent do you agree or disagree that dependant partners of migrants should earn settlement in their own right?”

If you believe that dependent partners should not be forced to wait years longer than main applicants – and potentially forever – to qualify for ILR you should answer “Strongly disagree” to this question.

For more information about this see question 13.

Employers
 

Employers will see that there is a section asking about “impact on organisations” which gives the chance to say how the proposals will affect recruitment and retention etc.

 

What can we do if we want to object to the proposals?

• Take part in the Home Office consultation. We strongly everyone to take part in the online survey.
   
• Write to your MP. Consider writing to your MP to tell them your thoughts on the proposals and ask them to represent your views. Many MPs are already concerned about the proposals, 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.

 

Will all the proposals in the consultation document become law?

No one knows exactly what the outcome will be. The proposals in the consultation are just that at this stage – proposals – and some of them are vague.

If a lot of people object to the proposals in the online survey and write to their MP it is possible that the government will water down the proposals. However, the government has made its intentions clear by publishing a series of advertisements on social media with messages such as “Automatic settlement to double from 5 to 10 years” and “Settlement pathway shortened for top talent and high-income migrants”. The government is likely to go ahead with the central proposals regardless of the response to the consultation.

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.  

 

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
 

How will the ILR qualifying period work under the new rules?

If the proposed changes become law, these are the steps to work out how long it will take to qualify for ILR:

1. The starting point is a 10-year baseline qualifying period.
    
2. All applicants have to meet the mandatory requirements to qualify for ILR. If they cannot meet these requirements they will never qualify for ILR.
    
3. 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.

 

What are the proposed mandatory requirements for ILR?

All ILR applicants will need to meet the following mandatory requirements, which are divided into four pillars.

Pillar	Requirement
Character	Criminality and compliance with immigration laws. The current rules already include requirements relating to criminal convictions and compliance with immigration laws. The thresholds are under review and are likely to become tougher. The consultation document says “Our expectation is that you should not be able to settle with a criminal record”.
	No government debt. The applicant must have “no outstanding litigation, NHS, tax or other government debt”.
Integration	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).
	Life in the UK test. Applicants will need to pass the Life in the UK test, as they do under the current rules.
Contribution	Annual earnings above £12,570 for 3 to 5 years. The applicant will need to have earned more than £12,570 per year for a minimum of 3 to 5 years before applying for ILR. The minimum earnings level and the minimum duration are subject to consultation, but not the earnings requirement itself. This is a new requirement and will have a huge impact, especially on non-working dependants.
Residence	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.

 

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 consultation, except the 5-year reductions for Hong Kong BNO visa holders and dependants of British citizens.

Reductions
 

Pillar	Attribute	Adjustment to baseline qualifying period
Integration	Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages	Minus 1 year
Contribution	Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement	Minus 7 years
	Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement	Minus 5 years
	Applicant has been employed in a specified public service occupation for 5 years	Minus 5 years
	Applicant has worked in the community (volunteering, etc)	Minus 3-5 years
Entry and residence	Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirements	Minus 5 years
	Applicant holds a permission granted under the British National Overseas route	Minus 5 years
	Applicant has 3 years continuous residence as the holder of a permission as a Global Talent worker or Innovator Founder	Minus 7 years
	Acknowledgement of specific and vulnerable groups having a reduction	Subject to consultation

Some of this language is unclear, in particular the following terms:

• Taxable income. There is no definition of “taxable income” in the consultation document. It is not clear how overseas earnings, salary sacrifice or benefits in kind will be treated.
   
• Specified public service occupation. There is no definition of the term “specified public service occupation” in the consultation document but it appears to refer only to jobs at RQF level 6 such as doctors, nurses and teachers. For information about what RQF level 6 means see question 14.  
   
• Applicant has worked in the community (volunteering, etc). There is no explanation of what “worked in the community” means in this context or how it will be assessed. The consultation seeks views on whether “giving back to the local community” should provide a reduction in the qualifying period.

Penalties
 

Pillar	Attribute	Adjustment to baseline qualifying period
Contribution	Applicant has been in receipt of public funds for less than 12 months during route to settlement	Plus 5 years
	Applicant has been in receipt of public funds for more than 12 months during route to settlement	Plus 10 years
Entry and residence	Applicant arrived in the UK illegally e.g. via small boat/clandestine	Plus up to 20 years
	Applicant entered the UK on a visit visa	Plus up to 20 years
	Applicant has overstayed a permission for 6 months or more	Plus up to 20 years

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:

Baseline qualifying period*	10 years
People who have passed an English test at level C1	9 years
People who have “worked in the community (volunteering, etc)”	5 to 7 years
Certain public service occupations – for instance doctors, nurses and teachers	5 years
People who have earned a taxable income of at least £50,270 per year for 3 years immediately before applying for ILR	5 years
People who have earned a taxable income of at least £125,140 per year for 3 years immediately before applying for ILR	3 years
Some Global Talent and Innovator Founder visa holders	3 years

*There is separate proposal to increase the baseline qualifying period to 15 years for people working in occupations below RQF level 6 – see question 14.

 

AREAS OF UNCERTAINTY
 

Will the proposed changes apply to existing visa holders?

It is not clear how existing visa holders will be affected by the proposed changes. It is likely that they will be affected to some extent because the immigration white paper refers to the large post-Brexit increase in net migration as one of the reasons for making the changes, and many of these people will soon be eligible for ILR under the current rules.

The consultation seeks views on whether there should be transitional arrangements for existing visa holders who are already on a path to ILR. If there are inadequate transitional arrangements, this is one element which could be the subject of a legal challenge.

The Home Office press release accompanying the consultation document says that the changes “will apply to almost 2 million migrants who arrived in the UK from 2021, subject to consultation on transitional arrangements for borderline cases”. The meaning of “borderline cases” is unclear. It is possible there will be specific transitional arrangements for each visa category.

See section 3 on answering the question in the survey about transitional arrangements.

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 15.

 

Who will be exempt from the changes?

Nothing will change for EU citizens and their family members applying for settled status under the EU Scheme 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 consultation document indicates that they may need to meet all of the new mandatory requirements to qualify for ILR, including the £12,570 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 savings and zero income. If applicants have to meet the new £12,570 earnings requirement through their own earnings this will be a major change.

Hong Kong BNO visa holders will get a 5-year reduction in the qualifying period but it appears that they will need to meet all of the new mandatory requirements, including the earnings requirement, to qualify for ILR.

 

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 consultation document states that there will be a 5-year reduction in the baseline qualifying period for the “partner, parent or child of a British citizen”. 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, it appears that family members of people with ILR will need to meet all of the new mandatory requirements, including the £12,570 earnings requirement.

 

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 consultation document proposes that in future adult dependants will have to meet the requirements for ILR independently of the main applicant. This would be a major change and hugely disruptive for some families moving to the UK.

It could mean that a main applicant with a very high salary is granted ILR after 3 years but their low-earning partner has to wait 10 years. If the partner does not work – and therefore does not meet the £12,570 earnings requirement – they will never qualify for ILR.

If the partner does not qualify for ILR and the couple have children, the children will also not qualify for ILR because children only qualify for ILR if both parents do.

This proposed change is subject to consultation and there is a question in the survey about it – see section 3.

 

How will sponsored workers in occupations below RQF level 6 be affected?

The consultation document says that baseline qualifying period for sponsored workers in occupations below RQF level 6 could be set at 15 years – triple the current 5-year qualifying period.

This proposal is aimed mainly at care workers, who made up a high proportion visa grants when they became eligible from February 2022 and are on track to qualify for ILR from 2027 onwards. It also catches many other occupations.

RQF level 6 occupations are ones which the Home Office regards as requiring a bachelor’s degree or equivalent experience. They are listed as “Higher Skilled” in the Home Office guidance. Until 22 July 2025 it was possible to sponsor people for occupations at RQF levels 3 to 5 – occupations listed as “Medium Skilled” in the guidance – and it is still possible to sponsor new applicants for these occupations if the job is on the Temporary Shortage List.

Since 22 July 2025 the choice of occupation code has become more important than ever, but there must be many people sponsored before then whose employers did not realise how critical the occupation code might be to the individual’s future in the UK. The Home Office publishes no guidance on how to choose an occupation code. There could be thousands of people sponsored under an occupation code below RQF level 6 whose job fits equally well into an RQF level 6 code.

15 years is an extraordinarily long time to wait for ILR – even more so for people who believed that they were on a 5-year path to ILR.

This proposal is subject to consultation and there is a question about it in the survey – see section 3.

 

Will there be changes to British citizenship?

The proposals set out in the earned settlement consultation document 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.

 

VISA HOLDERS
 

Can I apply for ILR before the rules change?

It is very unlikely that the rules will change before April 2026.

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).

 

What else can I do?

Until the consultation has ended and the new Immigration Rules have been published there is no way of knowing for sure what transitional provisions, if any, there will be for existing visa holders or what you can do to meet the new rules.

If you are worried that there will be no transitional provisions and that you may be put on a 10-year path for ILR you could start trying to mitigate that – for instance by taking an English test at level C1, which provides a 1-year reduction – but this would be a gamble and it could turn out to be pointless.

In the meantime you can respond to the consultation and write to your MP – see questions 3 and 4 – and urge as many other people as possible to do the same.

If you are a very high earner and believe that you could be eligible for ILR as soon as the new rules come into force because of the proposed 7-year reduction you could take the Life in the UK test in advance so that you are in a position to apply straightaway. There is no guarantee that there will be a reduction, but in any case you will have to take the Life in the UK test at some point before applying for ILR so this will not be wasted.

 

Will I still be able to apply for ILR on the basis of the 10-year lawful residence category?

According to the consultation document, no. The document includes “A consequence of the proposed system is that there will no longer be a separate long residence route. The purpose of the existing long residence route will be superseded by arrangements in which the baseline qualifying period is adjustable for considerations relating to contribution and integration.” Questions 7-9 have more information on this.

 

If I have been given permission to have recourse to public funds, will I still be subject to the penalty of 5-10 years?

The consultation says that the criterion around claiming public funds adding to the qualifying period could also apply “even where there has not been a breach of conditions (for example, where the Home Office waived an individual’s no recourse to public funds condition)”. This would mean people given access to public funds would be impacted.

 

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 consultation is silent on how that sunset clause may interact with the earned settlement proposals.

 

I first entered the UK as a visitor and then switched from within the UK to another visa category. Do I need to be concerned about this delaying my ILR application?

As mentioned at question 9, where someone entered the UK on a visit visa this could add 20 years to their qualifying period for ILR. This criterion is very unclear and not explained in the consultation document. It may refer to people who entered the UK as a visitor and then switched into a different visa category which is leading towards ILR. There were concessions in place for people who entered as visitors during the pandemic and then switched. The consultation does not mention these concessions so this is an issue we will be addressing in our response to the consultation.

 

EMPLOYERS
 

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 proposals to them and answer their questions – to the extent that we can, given that there is so much uncertainty about what will happen. 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 (£50,270 or £125,140 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. It is impossible to know for sure until the new rules are published.

 

What else can we do?

You can respond to the consultation on behalf of your organisation.

If you personally feel strongly about the proposals you can also respond to the consultation as an individual and you can write to your MP – see questions 3 and 4 – and you can urge others to do the same.

 

MORE INFORMATION
 

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

We will be releasing further information and blogs over the coming months. If you would like to receive these and you are not already on our immigration mailing list sign up here.

 

If you have any questions please contact a member of the immigration team.