18 December 2025

The Government’s earned settlement proposals were published in November 2025, and will drastically reshape how migrants are able to settle in the UK in the future. With the proposals currently open to public consultation, we set out below some frequently asked questions on what is set to change, how and when.

 

What are the UK government’s ‘earned settlement’ proposals?
The earned settlement proposals are a set of policy ideas published by the Home Office that would change how migrants qualify for settlement in the UK (indefinite leave to remain). Instead of becoming eligible for settlement after a fixed period of residence (normally 5 years for most routes), individuals would need to demonstrate sustained contribution and integration over time.

Where did the earned settlement proposals come from?
The concept of earned settlement was first introduced in the May 2025 Immigration White Paper and has now been developed further in a Home Office statement and consultation document titled A Fairer Pathway to Settlement.

Is earned settlement law yet?
No. These are proposals only. There are currently no final rules or implementation plans in force.

What is the consultation on earned settlement?
The Home Office has opened a public consultation seeking views on the earned settlement proposals and how settlement pathways should operate in future.

When does the consultation close?
The consultation closes at 11:59pm on Thursday 12 February 2026.

Who can respond to the consultation?
Individuals, organisations and other stakeholders who may be affected by or have an interest in the proposals can submit responses. The consultation can be accessed and responded to online at this link.

What does the Home Office mean by ‘earned settlement’?
Earned settlement is described as an approach that recognises long-term contribution to the UK. Under this model, migrants would need to demonstrate commitment through factors such as work, income, integration and conduct, rather than qualifying for settlement solely by completing a set number of years in the UK.

What is the proposed baseline qualifying period for settlement?
The proposed default qualifying period for settlement under most routes would be ten years.

Can the ten-year period be reduced or extended?
Yes. The Home Office proposes that the baseline period could be reduced by certain positive indicators or extended by negative indicators, depending on an individual’s circumstances.

What is the earned settlement ‘four pillar’ model?
Under the proposals, settlement would depend on meeting requirements across four pillars: character, integration, contribution and residence. Residence alone would no longer be sufficient to qualify.

What does the ‘character’ pillar involve?
The character pillar would involve a full review of criminality and immigration compliance. The Home Office suggests replacing the current rule that bars settlement following a custodial sentence of 12 months or more with a possible zero-convictions rule. Immigration non-compliance would also affect eligibility.

What does the ‘integration’ pillar involve?
Integration would require mandatory English language ability at B2 level and passing the Life in the UK test. Applicants with C1 English proficiency could receive a one-year reduction to the qualifying period.

What does the ‘contribution’ pillar involve?
Applicants would need to demonstrate taxable earnings of at least £12,570 for three to five years immediately before applying for settlement. HMRC data would be used and different income sources may be combined, such as salary, rental income and dividends.What does the ‘residence’ pillar involve?
Continuous lawful residence would remain necessary, but it would no longer be determinative on its own. The existing long residence route would be abolished and absorbed into the earned settlement framework.

What positive indicators could reduce the settlement qualifying period?

Proposed positive indicators include:

• English language ability at CEFR level C1, reducing the settlement qualifying period by one year;
• taxable income of £125,140 for three years before settlement, reducing the period by seven years;
• taxable income of £50,270 for three years before settlement, reducing the period by five years;
• five years in a specified public service occupation, reducing the period by five years;
• sustained community or volunteering work, reducing the period by three to five years;
• three years’ continuous residence as a Global Talent worker or Innovator Founder, reducing the period by seven years.

Can more than one positive indicator be applied?

No. Only the single indicator that results in the largest reduction would apply in any application.

What negative indicators could extend the settlement qualifying period?

Proposed negative indicators include:

• receipt of public funds for less than 12 months, extending the period by five years;
• receipt of public funds for more than 12 months, extending the period by ten years;
• irregular arrival in the UK, including by small boat or clandestine entry, extending the period by up to 20 years;
• entry to the UK as a visitor, extending the period by up to 20 years;
• overstaying immigration permission for six months or more, extending the period by up to 20 years.

Which groups would remain on a five-year route to settlement?
Some ‘protected’ groups would retain a five-year pathway, including partners of British citizens and holders of permission under the British National (Overseas) route. However, these migrants may still be subject to the mandatory pillar requirements and any negative indicators to increase the settlement qualifying period.

Would protected five-year groups still need to meet earned settlement requirements?
Yes. Although the qualifying period would remain five years, these applicants would still need to meet all mandatory requirements, including B2 English language ability and minimum taxable earnings of £12,570 for three to five years, depending on the final rules.

How would Skilled Workers in lower-skilled roles be affected?
Although not included in the official tables, the proposals indicate that Skilled Workers in roles below RQF level 6 may be subject to a 15-year qualifying period for settlement.

Will the proposals benefit any particular groups?

Yes. In particular, high earners – individuals who have earned above £125,140 over a three-year period in a route that qualifies for settlement will now be able to settle after just three years – a reduction on the current standard period for most routes of five years.

What is proposed in relation to No Recourse to Public Funds?
The government is consulting on imposing a No Recourse to Public Funds condition at settlement, which would delay access to public funds until an individual becomes a British citizen.

When could these changes be implemented?
The Home Office suggests implementation could take place as early as April 2026, although this would allow limited time to analyse consultation responses and draft new Immigration Rules.

How would dependants be affected?
Adult dependents would need to qualify independently. Children may turn 18 before their parents qualify for settlement, raising risks of family separation and loss of eligibility for children. Children may also be unable to qualify for home-fee university tuition as a result, and be subject to the overseas student fee regime.

What will happen to the long residence route?
The existing ten-year lawful residence route would be abolished under these proposals. This may prevent migrants from relying on long-term residence that includes time spent in non-settlement routes such as the Student route.

Will migrants be able to combine time across different routes?
The proposals do not yet clarify whether residence across different settlement routes can be combined, which becomes increasingly important under extended qualifying periods.

How will legacy routes be treated?
There is currently no clear proposal for transitional protection for individuals in legacy routes such as Tier 1 (Investor), raising concerns that some migrants could be prevented from qualifying for settlement.

How will periods of maternity, parental or sick leave be treated?
No specific concessions have yet been proposed. This is an area of concern raised by stakeholders (in particular, in regard to how migrants will be able to show the mandatory annual earnings of £12,570) and is likely to be addressed through consultation responses.

Will the proposals apply to people already in the UK?
The Home Office indicates that its intention is for the new rules to apply to all individuals applying for settlement, regardless of when they were first granted immigration permission. Final transitional arrangements will depend on the outcome of the consultation.

How will earned settlement affect people close to qualifying for settlement?
This point is currently unclear. Without transitional protections, individuals nearing settlement under the current rules could be required to meet the new earned settlement criteria.

What should migrants do now?
As these are proposals only, individuals should not assume that changes are final. Those affected may wish to respond to the consultation or seek legal advice on how the proposals could impact their long-term immigration position.

How is LDI responding to the proposals?
LDI will be submitting a response to the consultation and will contact clients separately to gather views on specific consultation questions. Clients can also raise queries with their assigned LDI lawyer or the LDI enquiries team.