Understanding the Home Office's 'earned settlement' proposals
Tuesday 6 January 2026
On 20 November 2025, the Home Office published its proposals for ‘earned settlement’ and launched a public consultation on the relevant proposals, delivering on a programme initially laid out in the Immigration White Paper published in May 2025.
The proposals and consultation
The consultation document entitled ‘A Fairer Pathway to Settlement: A statement and accompanying consultation on earned settlement’ contains far-reaching proposals to change the pathway to settlement (also known as indefinite leave to remain in the UK (ILR)). These proposals could have a significant impact on many migrants who do not currently hold settlement in the UK.
The ‘earned settlement’ model introduced in the consultation document, which will be central to new settlement requirements, is described by the Home Office as follows:
Rather than granting settlement automatically after a fixed period, this approach requires individuals to demonstrate sustained commitment (through work, community involvement or other meaningful contributions) before being granted permanent status. The proposed framework sets a starting point of 10 years before settlement can be obtained. This duration may be reduced based on positive indicators (eg contributing to the Exchequer by earning a certain salary) or extended based on negative indicators (eg reliance on public funds).
The Home Secretary is seeking to apply the changes to those already in the UK alongside new arrivals, but is consulting on potential transitional arrangements for some groups who are already on a pathway to settlement.
Whilst no implementation plans are currently underway, the Home Secretary has announced her intention to begin phasing in the changes from April 2026. The final version of changes will depend on results of the Government’s consultation which will conclude on Thursday 12 February 2026. Individuals, organisations and other stakeholders who may be affected by or have an interest in the proposed changes can provide their views.
A summary of the primary proposals is as follows:
1. increasing the baseline minimum period of UK residence to qualify for settlement to the following levels:
- a minimum of 10 years for most applicants (doubling the default of 5 years currently for most routes);
- a minimum of 15 years for Skilled Workers working in medium-skilled roles (RQF levels 3 to 5);
- a minimum of 20 for refugees (with some exceptions);
2. introduction of a series of factors which may permit an applicant to reduce their required residence period for settlement from the above baselines, or will alternatively cause their minimum period to increase (see tables below for details);
3. introduction of new mandatory criteria for settlement eligibility, applicable to nearly all routes.
The earned settlement model
The default settlement qualifying period for most routes will be 10 years.
Qualification for settlement will become conditional on four pillars: character, integration, contribution and residence. Residence alone will no longer be sufficient.
There are specific mandatory criteria under each of these pillar headings, which must be satisfied by all applicants for settlement. Details on these pillars are set out in the below table.
Pillars of the earned settlement model – mandatory criteria
| Pillar | Description |
| Suitability/Character |
|
| Integration |
|
| Contribution |
see further details below on positive and negative indicator factors |
| Residence |
|
Positive indicators for reductions to 10 year baseline settlement period
Migrants may receive a reduction on the baseline 10 year residence period for settlement eligibility if they meet one of several indicators. The below table sets out such conditions which will enable a reduction to the baseline qualifying period, the amount by which each one may reduce the qualifying period, and the resultant minimum time to settlement following the adjustment to the 10-year baseline.
| Pillar | Indicator | Adjustment to baseline qualifying period | Minimum time to settlement |
| Integration | Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages | – 1 year | 9 years |
| Contribution | Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement | – 7 years | 3 years |
| Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement | – 5 years | 5 years | |
| Applicant has been employed in a specified public service occupation for 5 years | – 5 years | 5 years | |
| Applicant has worked in the community (volunteering, etc) | – 3 to 5 years | 5-7 years | |
| Entry and Residence | Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirements | – 5 years (not subject to consultation) | 5 years |
| Applicant holds a permission granted under the British National Overseas route | – 5 years (not subject to consultation) | 5 years | |
| Applicant has 3 years continuous residence as a Global Talent worker or Innovator Founder | – 7 years | 3 years | |
| Acknowledgement of specific and vulnerable groups having a reduction | Subject to consultation |
Negative indicators for extensions to baseline settlement period
Certain indicators will cause the qualifying period for settlement to be extended by the specific amounts displayed in the table below.
| Pillar | Indicator | Adjustment to baseline qualifying period | Possible time to settlement |
| Contribution | Applicant has been in receipt of public funds for less than 12 months during route to settlement | + 5 years | 15 years |
| Applicant has been in receipt of public funds for more than 12 months during route to settlement | + 10 years | 20 years | |
| Entry and Residence | Applicant arrived in the UK irregularly (eg via small boat or clandestinely) | + up to 20 years | 30 years |
| Applicant entered the UK on a visit visa | + up to 20 years | 30 years | |
| Applicant has overstayed immigration permission for 6 months or more | + up to 20 years | 30 years |
Only one of the listed considerations (ie the one that causes the largest increase) would be applied in each application.
‘protected’ groups
An important clarification applies to ‘protected’ five-year groups. Some groups, including partners of British citizens and holders of permission under the Hong Kong BN(O) route, will retain the current five-year qualifying residence period for settlement. However, such individuals will still be subject to all mandatory requirements, including B2 CEFR English language proficiency and minimum taxable earnings or income of £12,570 for 3 to 5 years, depending on the length under consultation.
Other important proposals and areas for clarification
A summary of further important points and clarifications regarding earned settlement is set out below:
- roles under RQF Level 6 – though not included in the tables, it is proposed that sponsored workers in roles below RQF Level 6 (degree level) should be subject to a 15-year route to settlement
- implementation timeline – proposals are scheduled for implementation as early as April 2026, giving the Home Office an extremely short window to analyse consultation responses and draft rules, raising concerns that decisions may already be predetermined;
- transitional arrangements – scope for transitional arrangements regarding whether proposed changes should apply to migrants currently in the UK is to be determined by the outcome of the consultation. However, the Home Office indicates in its proposal paper that its intention is for provisions to apply to all individuals applying for ILR, regardless of when they were initially granted immigration status
- dependants’ position – adult dependants (eg partners) of migrants on work routes must qualify independently, which may place them under a different qualifying period and impact the ability of children to obtain settlement (which normally requires both parents to obtain ILR); consequently many more children may turn 18 or conclude full-time education before they can obtain ILR. This may increase the risk of, for example, loss of access to home-fee university places and even possible family separation if such individuals cease to qualify as dependants;
- abolition of long residence route – removal of the 10-year lawful residence route will prevent long-term residents from counting time spent in non-settlement routes such as the Student route towards their qualifying period for settlement;
- uncertainty over route-switching – it is currently unclear whether migrants will be able to amalgamate time spent in different settlement-qualifying routes toward the qualifying residence period (or may ‘restart the clock’ on changing route), which becomes more significant with extended qualifying periods;
- lack of clarity for legacy routes – individuals in routes like Tier 1 (Investor) face being barred from reaching settlement without transitional protections to extend their status or exempt them from the new provisions;
- no recourse to public funds until citizenship – the government is consulting on adding a No Recourse to Public Funds (NRPF) condition at settlement, delaying access to public funds until citizenship.
Get involved
We understand that the proposals may be a source of alarm for many clients and sponsored workers.
LDI is preparing a response to the consultation, highlighting our concerns regarding the government’s proposals. We shall separately contact clients to obtain specific views on questions posed by the consultation so that we can incorporate these into our response.
In the meantime, please contact your assigned LDI lawyer or our Enquiries team at enquiries@lauradevine.com with any comments or questions.
originally published 21 November 2025, last updated 6 January 2026
Francesca Sciberras
Partner
