Table Of Contents
- What is Earned Settlement
- How is the new Earned Settlement System supposed to work
- What rules have changed
- What is the update on the new rules coming into force
- Summary
The UK Government is reforming the policy on how migrant people qualify for settlement through an Earned Settlement model. These reforms were announced in March 2025 and were originally expected to come into effect in the first half of 2026. This has understandably caused much concern among migrants already in the UK, such as Skilled Worker visa holders, Health and Care Worker visa holders, Family members and dependants, Employers and sponsor licence holders, International graduates, Existing migrants approaching ILR, and Prospective migrants.
However, as of July 2026, the proposed changes to settlement are not yet in effect.
What is Earned Settlement?
Earned Settlement is part of the proposed reforms to the UK’s immigration policies to the settlement system. Until this model comes into place, most migrants can apply for settlement after they have completed five years of continuous residence in the UK.
However, the new proposed reform would fundamentally change this rule. Now, settlement will no longer be an automatic status but a “privilege” that one must be able to earn through demonstrable contribution to the UK.
The baseline qualifying period for settlement in the UK will be increased to 10 years, up from the standard five-year route. This 10-year qualifying period may increase or decrease depending on your:
• Income
• English language ability
• Criminal record
• Use of public funds
• Immigration history
It is important to note that the UK government has indicated that these changes to settlement policy will apply retrospectively to anyone on a route to settlement but who has not yet obtained it. This means settlement changes will affect not only future migrants but also people who started their visa route under the previous rules, who are already living and working in the UK on a route to settlement (ILR), provided they have not yet been granted settlement.
This proposal of the government has raised lots of concerns and criticism. Critics argue that applying new settlement requirements to people and their dependants who have already committed to living and working in the UK under earlier rules is unfair because they made significant personal and financial decisions based on the rules that existed when they arrived.
How is the new Earned Settlement System supposed to work?
The proposed 10-year baseline will work depending on the following:
• People earning more than £125,000 ($163,000) would be allowed to apply for settlement in the UK straight after 3 years.
• Migrants with income between £50,270 and £125,000 would have to wait for 5 years, which is in line with the current ILR provisions, while those earning lower than this would have their qualifying period doubled to 10 years.
• Low-wage migrants and their dependents who arrived in the UK between 2022 and 2024 on a UK health and social care visa would be subjected to a baseline qualifying period of 15 years rather than 10 years. The Care and Senior Care Worker route to new entrants was closed in 2025 following widespread abuse. However, doctors and nurses already working in the NHS (National Health Service) will still qualify for settlement after 5 years.
• Migrants reliant on public funds/benefits would be required to wait for 20 years if they wish to settle in the UK.
• Recognised refugees in the UK who entered the country legally will now be subject to a 20-year qualifying period.
• Illegal entrants as well as visa overstayers would have to wait up to 30 years to settle.
Reductions in the proposed 10-year qualifying period for contribution
• The immediate family members of UK citizens, partners and dependants of British citizens, and BNOs (British Nationals Overseas) from Hong Kong will continue to be able to apply for settlement after continuous residence of 5 years for
• 5-year pathway to settlement will remain for skilled frontline public service workers
• Migrants in the UK on the Global Talent Visa or Innovator Founder Visa for at least 3 years could only have to wait 3 years for settlement (a 7-year reduction on the proposed 10-year baseline).
• Migrants paying higher and additional rate taxes will benefit from reduced periods in recognition of their contribution.
• Those having competency in English at CEFR C1 level (advanced level of English) would have to wait 9 years to settle (a reduction of 1 year from the proposed baseline of 10 years).
• Those who had been in receipt of public funds for less than 12 months but meet the CEFR C1 level English consideration would be faced with a total settlement qualifying period of 14 years.
• Migrant who have volunteered extensively in their local communities could be required to wait 5-7 years (a reduction of 3-5 years from the proposed baseline of 10 years).
Only the single largest reduction will apply, and they cannot be combined. For example, people working a public service job, which reduces their qualifying period by five years, but if they also volunteer, which reduces their qualifying period by three years, would only benefit from the five-year reduction.
What rules have changed?
Major changes in relation to the proposed qualifying period for settlement have not yet been implemented. However, some changes are already in effect or will be implemented soon.
From 22 July 2025, the fresh overseas recruitment of social care workers has ended, and the skill level has been increased to RQF level 6 or above from the previous RQF 3-5 level for skilled worker sponsorship.
Also, higher English language ability at CEFR level B2 is required for new skilled workers from 8 January 2026.
From 26 March 2027, people applying for settlement will have to meet the new higher English language requirement of CEFR level B2.
What is the update on the new rules coming into force?
When we are writing this article, no date has been decided for when the new rules will come into force. However, they are likely to come into effect in the Autumn.
A consultation process was held between November 2025 and February 2026 as part of the process of implementing the proposed changes. The consultation on the proposed changes received more than 200,000 responses from legal advice providers, organisations, and individuals. The government is analysing these responses, and the outcome is yet to be published.
However, those working with migrants, academics, and experts in immigration law have heavily criticised the proposals. Hundreds of people have campaigned and lobbied to stop the policy due to the devastating impact it will have on communities. The new settlement policy will prolong insecurity for the UK workforce and the communities.
There is no guarantee that the many responses to the proposed changes in consultation will be reflected in the government’s plans. Much uncertainty persists about the timeline and scope of the changes to settlement or ILR.
Summary
If you are close to completing five years’ continuous residence in the UK or your visa route to apply for settlement, it may be worth making an ILR application before the proposed changes take effect. This is because the new rules are intended to apply retrospectively, meaning they will affect those who are already in the UK on a route to settlement, although the decision is still pending following the consultation
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