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Friday 21 November 2025
The Home Office yesterday announced its ‘earned settlement’ proposals and opened its consultation on this topic. This concept was originally introduced in the May 2025 Immigration White Paper.
The consultation
The consultation document entitled ‘A Fairer Pathway to Settlement: A statement and accompanying consultation on earned settlement’ contains broad-reaching proposals for changing the pathway to settlement. These proposals could have a significant impact on many migrants who do not currently hold settlement in the UK (also known as indefinite leave to remain in the UK (ILR)).
It is important to note that no implementation plans are currently underway, the final version of changes will depend on results of the Government’s consultation which will conclude on 11:59pm 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.
The scope of the consultation is on the ‘earned settlement’ principle described by the Home Office as follows:
‘Earned settlement’ is a principle that recognises the value of long-term contribution to the UK. 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 Office seeks to consult on three primary options to achieve its policy aims, namely:
- increasing the baseline qualifying period for settlement to 10 years;
- increasing the qualifying period for settlement to 15 years for those in the Skilled worker route in a role below RQF level 6 (equivalent to a bachelor’s degree); and
- implementing a No Recourse to Public Funds (NRPF) condition at Settlement.
Following the consultation, the government will set out its preferred option, or combination of options.
Proposals on positive indicators allowing for a reduction in the ten-year baseline settlement period include the following:
| Indicator | Adjustment to baseline qualifying period |
| Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages | Minus 1 year |
| 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 to 5 years |
| Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirements | Not subject to consultation – to remain on five-year path to settlement |
| Applicant holds a permission granted under the British National Overseas route | Not subject to consultation – to remain on five-year path to settlement |
| Applicant has 3 years continuous residence as a Global Talent worker or Innovator Founder | Minus 7 years |
| Acknowledgement of specific and vulnerable groups having a reduction | Subject to consultation |
Only one of the listed considerations (ie the one that causes the largest reduction) would be applied in the case of any single application, and additional years will take precedence over any reduction to the baseline.
Proposals on extension indicators resulting in a longer baseline settlement period include the following:
| Indicator | Adjustment to baseline qualifying period |
| 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 |
| Applicant arrived in the UK irregularly (eg via small boat or clandestinely) | Plus up to 20 years |
| Applicant entered the UK on a visit visa | Plus up to 20 years |
| Applicant has overstayed immigration permission for 6 months or more | Plus up to 20 years |
Only one of the listed considerations (ie the one that causes the largest increase) would be applied in the case of any single application. This will take precedence over any reduction to the baseline.
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.
Immigration categories unaffected by proposals
The following immigration categories will not be impacted by proposed changes to settlement, regardless of the outcome of the consultation:
- migrants with existing grants of ILR;
- migrants on the five-year Family route (partners, parents, children and dependent adults);
- British Nationals (Overseas) from Hong Kong;
- EU Settlement Scheme (pre-settled and settled) migrants;
- Windrush Scheme migrants;
- members of HM Armed Forces and their family members; and
- children in care and care leavers.
Get involved
We understand that the proposals may be a source of alarm for many clients and sponsored workers.
LDI will be responding 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.
Francesca Sciberras
Partner
