Monday 2 November 2026

The Government has published its response to the earned settlement consultation, confirming significant changes to the way in which migrants may qualify for settlement in the UK.

The new framework will increase the standard qualifying period for settlement from 5 years to 10 years, with shorter and longer pathways depending on factors including earnings, occupation, immigration history and individual circumstances.

New settlement pathways

• a 3-year pathway for those earning at least £125,141 and certain individuals within the ‘Highest Talent Group’;
• a 5-year pathway for those earning at least £50,271, eligible workers in specified public service workers and those with a recognised British connection;
• the standard 10-year pathway will generally require applicants to have earned at least £12,571 in 5 of the 7 years immediately before applying; and
• a 20-year pathway where specified immigration breaches or access to specified public funds prevents an applicant from qualifying through an shorter pathway.

Applicants will also need to meet strengthened mandatory requirements relating to matters including criminality, government debt, English language ability, the Life in the UK test and sustained contribution, subject to applicable exemptions.

The standard English language requirement will increase from B1 to B2.

Workers in occupations below RQF6 will generally fall within the 10-year pathway, with the possibility of qualifying sooner where they meet the requirements for an accelerated route.

A partner who arrives with the principal applicant will be able to settle at the same time, provided they meet the relevant requirements, which includes a combined household income of at least £25,142.

Retrospective impact
These changes will apply retrospectively, meaning migrants already in the UK on the date of implementation will need to meet the new requirements, subject to the specified transitional arrangements below.

Transitional arrangements
There will be targeted transitional arrangements for particular groups already in the UK, but no general exemption from the reforms for migrants already living in the UK.

Care workers who entered or switched into the route before publication of the May 2025 Immigration White Paper will retain a 5-year qualifying period where they meet the applicable £25,000 salary, sponsorship and employment requirements, alongside the strengthened settlement requirements.

Certain healthcare and education workers below RQF6 who are on national pay scales will similarly retain a 5-year route where they came to the UK before publication of the May 2025 White Paper and meet their visa requirements.

Refugees
Separate arrangements will apply to refugees. Those admitted through designated safe and legal routes will generally have a 5-year pathway, while the standard Core Protection pathway will be 20 years.

A 10-year Protection Work and Study pathway will be available for eligible refugees who move into sustained work, education or training.

Additional periods may apply following illegal entry, subject to the Article 31 Refugee Convention safeguard.

Closure of Long Residence route
Under earned settlement, time spent on temporary routes will no longer count towards settlement simply by contributing towards 10 years of continuous lawful residence. Only time spent on specified routes intended to support long-term residence will count towards settlement.

Implementation date
The changes are not yet in force, but the Home Secretary has stated that they will be implemented from December 2026 and continue throughout 2027.

Get in touch
If you would like to discuss how the changes may affect you or your organisation, please contact your assigned LDI lawyer or our Enquiries team at enquiries@lauradevine.com.