Earned Settlement 2026: What the Proposed UK ILR Changes Could Mean
Updated: 3 November 2026
The government announced a new Earned Settlement framework on 2 November 2026. It could substantially change how long many people must live in the UK before qualifying for indefinite leave to remain (ILR).
Important: this is an announced policy framework. The detailed Immigration Rules, commencement dates, evidential requirements and full transitional arrangements have not yet been published. Until new rules take effect, applications continue to be decided under the Immigration Rules in force at the relevant time.
What is the proposed new starting point?
The government proposes to replace the usual five-year route for many migrants with a 10-year default qualifying period. The period could then be shortened or extended according to factors such as earnings, public service, immigration compliance and the route by which a person came to the UK.
Proposed qualifying periods
Three years: proposed for the highest earners, including those earning above the additional-rate tax threshold, and for some people on the highest-talent routes.
Five years: proposed for people earning above £50,271 and for some public-service workers, including qualifying doctors, nurses and teachers.
Ten years: the proposed default for many people who do not qualify for an accelerated route.
At least 20 years: proposed for people with immigration breaches.
Up to 30 years: proposed in some refugee cases involving arrival by small boat or another clandestine method, because an additional 10-year period may apply.
These periods are not yet a complete substitute for the Immigration Rules. The exact definitions, calculations, exceptions and evidence will matter.
Mandatory requirements
The announced framework says that settlement applicants would need to satisfy mandatory conditions concerning:
criminality and good character;
a higher level of English language ability;
no outstanding debt owed to the taxpayer;
the Life in the UK Test; and
a sustained record of National Insurance contributions.
The Home Secretary’s statement referred to three years of National Insurance contributions. Further rules will be needed to explain how gaps, low earnings, caring responsibilities, disability and other circumstances will be treated.
Care workers and public-service workers
The government has announced transitional arrangements for certain care workers who arrived during the period of high recruitment. A five-year route is proposed for qualifying care workers who complied with their visa conditions and earned at least £25,000 a year. Some people who do not qualify may be offered a further five-year visa before they can apply for settlement.
A related approach is proposed for certain healthcare and education workers. Eligibility will depend on the detailed rules, including the qualifying occupation, salary, dates and compliance history.
Refugees and protection routes
The announcement proposes different settlement periods for refugees:
five years for refugees admitted through approved safe and legal routes;
20 years for other refugees, potentially reduced to 10 years where they work or study; and
an additional 10-year period for some people who arrived by small boat or another clandestine method.
This is a major proposed change. The detailed rules will need to address recognised refugees already in the UK, humanitarian protection, children, vulnerability, work or study, and the interaction with the UK’s international obligations.
Who is expected to keep the present pathway?
The government has said that people who already hold settled status will not lose it. It has also indicated that the present pathways will remain for:
family members of British citizens;
Hong Kong British Nationals (Overseas);
members of the armed forces;
Windrush and certain legacy routes; and
people protected by the EU Settlement Scheme.
Existing safeguards for victims of domestic abuse and other vulnerable groups are also expected to remain, but the final wording must be checked once published.
Could the changes affect people already in the UK?
Potentially, yes. The government has said that settlement requirements generally apply at the date of application and that the reforms could affect people who are already in the UK but have not yet obtained ILR. However, the consultation response also refers to transitional protections for certain groups.
No one should assume that the new framework either definitely applies or definitely does not apply to them until the detailed Immigration Rules and commencement provisions are published.
What remains unclear?
Important unanswered questions include:
the exact start date;
how previous lawful residence will be counted;
how dependants and children will be treated;
which earnings and occupations qualify for shorter routes;
how absences, maternity leave, illness, disability and caring responsibilities will be treated;
what counts as taxpayer debt or an immigration breach;
the evidence needed for National Insurance contributions; and
the full transitional protection for people already approaching settlement.
What should visa holders do now?
Check whether you qualify under the current rules. Do not delay an eligible application solely because of headlines.
Preserve your records. Keep passports, eVisas, decisions, payslips, P60s, tax records and National Insurance records.
Protect your immigration history. Apply for extensions in time and obtain advice quickly if a problem arises.
Review tax or government debts. Resolve discrepancies and retain proof.
Take individual advice. The proposed outcome may differ according to route, salary, occupation, family circumstances and arrival history.
How Qazi & Co can help
We can review your present immigration route, likely settlement date, residence history and the possible impact of the announced reforms. We can also advise whether an application should be made under the current rules rather than waiting for further changes.
This article provides general information and does not constitute legal advice. The framework is subject to detailed Immigration Rules, guidance and commencement provisions.
Optimized by Seraphinite Accelerator
Earned Settlement 2026: What the Proposed UK ILR Changes Could Mean
Earned Settlement 2026: What the Proposed UK ILR Changes Could Mean
Updated: 3 November 2026
The government announced a new Earned Settlement framework on 2 November 2026. It could substantially change how long many people must live in the UK before qualifying for indefinite leave to remain (ILR).
Important: this is an announced policy framework. The detailed Immigration Rules, commencement dates, evidential requirements and full transitional arrangements have not yet been published. Until new rules take effect, applications continue to be decided under the Immigration Rules in force at the relevant time.
What is the proposed new starting point?
The government proposes to replace the usual five-year route for many migrants with a 10-year default qualifying period. The period could then be shortened or extended according to factors such as earnings, public service, immigration compliance and the route by which a person came to the UK.
Proposed qualifying periods
These periods are not yet a complete substitute for the Immigration Rules. The exact definitions, calculations, exceptions and evidence will matter.
Mandatory requirements
The announced framework says that settlement applicants would need to satisfy mandatory conditions concerning:
The Home Secretary’s statement referred to three years of National Insurance contributions. Further rules will be needed to explain how gaps, low earnings, caring responsibilities, disability and other circumstances will be treated.
Care workers and public-service workers
The government has announced transitional arrangements for certain care workers who arrived during the period of high recruitment. A five-year route is proposed for qualifying care workers who complied with their visa conditions and earned at least £25,000 a year. Some people who do not qualify may be offered a further five-year visa before they can apply for settlement.
A related approach is proposed for certain healthcare and education workers. Eligibility will depend on the detailed rules, including the qualifying occupation, salary, dates and compliance history.
Refugees and protection routes
The announcement proposes different settlement periods for refugees:
This is a major proposed change. The detailed rules will need to address recognised refugees already in the UK, humanitarian protection, children, vulnerability, work or study, and the interaction with the UK’s international obligations.
Who is expected to keep the present pathway?
The government has said that people who already hold settled status will not lose it. It has also indicated that the present pathways will remain for:
Existing safeguards for victims of domestic abuse and other vulnerable groups are also expected to remain, but the final wording must be checked once published.
Could the changes affect people already in the UK?
Potentially, yes. The government has said that settlement requirements generally apply at the date of application and that the reforms could affect people who are already in the UK but have not yet obtained ILR. However, the consultation response also refers to transitional protections for certain groups.
No one should assume that the new framework either definitely applies or definitely does not apply to them until the detailed Immigration Rules and commencement provisions are published.
What remains unclear?
Important unanswered questions include:
What should visa holders do now?
How Qazi & Co can help
We can review your present immigration route, likely settlement date, residence history and the possible impact of the announced reforms. We can also advise whether an application should be made under the current rules rather than waiting for further changes.
Telephone: 020 3161 5450
Email: advice@qazisolicitors.com
This article provides general information and does not constitute legal advice. The framework is subject to detailed Immigration Rules, guidance and commencement provisions.
Official sources
Archives
Categories