UK Earned Settlement 2026: 10-Year ILR Rules for Migrants Already in the UK

Reviewed by: Paul Gulbenkian , Senior Consultant & Former Tribunal Judge

Last updated: November 5, 2026

In Brief

The government has published its final policy framework for Earned Settlement, but the detailed Immigration Rules and technical guidance needed for implementation are still to follow. The starting point is a 10-year route to settlement, with shorter or longer pathways depending on contribution, integration, compliance and the immigration route concerned.

Crucially, the changes are expected to affect many migrants who are already living and working in the UK but have not yet obtained settlement. The government has confirmed that settlement requirements are generally determined by the Immigration Rules in force when a settlement application is decided, rather than the rules that applied when the person originally arrived in the UK.

For people planning Indefinite Leave to Remain (ILR), the practical effect will depend on their immigration route, the future Immigration Rules and any applicable transitional provisions. The Home Office Earned Settlement response confirms that further technical and operational detail will be published before implementation.

On the 2nd of November 2026 the government announced the results of its consultation on the Earned Settlement proposals introduced in its white paper released in May 2025. This sets out its intended plan for how Earned Settlement will look in practice, though the detailed changes have not yet been implemented through the Immigration Rules.

The government’s position is that the right to settle, currently seen as automatic after a set residency period, does not reflect a lasting commitment to the UK. The government believes that settlement should be earned through contribution, integration, and a respect for the UK’s law and British values. It has stated that the current openness of the UK with regards to migration will only endure if the public can see that the system is appropriately controlled. It is worth noting that only 18% of respondents to the consultation were British nationals and the government accepts that the findings may not represent the opinions of the general public as a whole.

The essential starting point is that the government intends the Earned Settlement framework to apply broadly across settlement routes, including routes that were not subject to the November 2025 consultation such as family and ancestry routes. The framework sets minimum mandatory requirements for settlement. These are that applicants must:

Be of good character.
Have no government debt, with asylum support also having been repaid, subject to certain exceptions for those making significant progress on an agreed government repayment plan.
Demonstrate strong English language abilities, with a lower requirement for certain refugees.
Pass the Life in the UK Test, with an indication that a revised test may be introduced for certain groups of refugees.
Demonstrate a sustained contribution to the UK.

Under the announced Earned Settlement framework, the base timeline to settlement would be 10 years. This is the starting point, though certain exceptions and provisions can reduce this period. The government refers to four key elements that will affect when a person can settle.

Will Earned Settlement apply to people already in the UK?

Yes, potentially. One of the most significant aspects of the government's Earned Settlement policy is that the new framework is expected to affect many migrants who are already living and working in the UK but have not yet obtained Indefinite Leave to Remain.

The government has confirmed that settlement requirements are generally determined by the Immigration Rules in force when a settlement application is decided, rather than by the rules that applied when a person originally entered the UK.

This means that someone who entered the UK expecting to qualify for settlement after five years could potentially become subject to a longer qualifying period if the Earned Settlement rules come into force before they obtain ILR.

The government estimates that more than 500,000 people could wait longer than five years for settlement as a result of the reforms.

This is sometimes described as the reforms having a retrospective or retroactive effect. However, the government's position is that the settlement rules applicable at the point of decision have historically determined whether an applicant qualifies. The practical consequence is that many migrants already progressing towards settlement could nevertheless be affected by the new framework.

However, the position will not be the same for everyone. The government has announced targeted transitional protections for certain groups already in the UK, including qualifying care workers and certain workers in healthcare and education. Existing settled status will also not be removed from people who have already obtained it.

Further Immigration Rules and technical guidance are still required before the new system is implemented. Anyone already progressing towards settlement should therefore check how the future rules and any transitional provisions may apply to their individual immigration route.

If you are already in the UK and expected to qualify for ILR after five years, speak to OTS Solicitors about your current settlement position and how the announced changes could affect your route.

Character

The government has confirmed from the outset that the suitability requirements that are already in place will continue to apply. However, any adult applicant with a criminal record in the UK will be refused settlement. For clarity, the government specified that custodial or suspended sentences, out of court disposals (absolute or conditional discharge), conditional cautions, court-imposed fines, community sentences, detention, training orders and civil orders following a conviction will all count on a person’s criminal record and the indication is that these will all prevent an applicant from settling.

Overseas convictions will also count if they are for an offence that is also an offence in the UK. However, for those under 18, criminality will only amount to a discretionary refusal.

Additionally, character will also include that an applicant has no outstanding government debt, which includes NHS debt, tax debt, unpaid tax and NI, litigation debt, and other relevant government debt.

Specified immigration breaches as an adult will also put an applicant on a 20-year pathway to settlement, regardless of whether they have higher earnings or other positive contributions as outlined below. Breaches include overstaying a visa, breaching conditions associated with permission, using deception, frustrating immigration controls, and illegal entry.

Contribution

The government will be introducing earnings thresholds tied to a person’s timeline to settlement. These are as follows:

Minimum Earnings Threshold (£12,571) – 10 Years to Settlement.
Medium Earnings Threshold (£50,271) – 5 Years to Settlement.
High Earnings Threshold (£125,141) – 3 Years to Settlement.

Notwithstanding the above, the government has confirmed that earnings will remain linked to income tax thresholds and will move as these move.

Children, people over 65, and those unable to meet earnings requirements due to physical or mental conditions will be excluded.

The government accepts that families often make immigration decisions together, and that certain people in a family may not work, opting instead to take care of children, for instance. As such, couples can meet a joint earnings threshold even if only one partner meets this alone. This is currently set at £25,142 for the minimum threshold and will also move in line with income tax thresholds.

Contribution is not limited to earnings alone. The government also recognises that those with a family connection to a British national, such as a partner or parent, and those with an ancestral connection can also be seen as contributing. Recognising this, certain family routes and the ancestry route will be able to settle after five years, subject to them meeting the minimum standard requirements.

It is important to note that the family connection appears to apply to partners, parents and children of British citizens, rather than family members of settled people.

On the opposite side of contribution, the government has said that applicants who have accessed specified public funds will need to demonstrate five continuous years without accessing them before applying for settlement on the relevant pathway. Those who continue to access specified public funds may instead fall onto a 20-year pathway to settlement. The government has stated that it will revisit the definition of public funds in the future.

Despite being part of the consultation, volunteering will not be used to reduce time to settlement.

There is also an indication that the current provisions for applicants under Appendix FM may be changed or overhauled in the future as a result of these changes, though this has not yet been set out in any detail.

Integration

Under the announced framework, integration would be assessed through meeting an English requirement at level B2 minimum and meeting the Life in the UK Test requirement. It is worth noting that there appears to be an intention to revisit the Life in the UK Test and this may change in the future.

Slightly lower English requirements may apply to certain refugees.

Residence

Under the announced framework, residence by itself would no longer be enough to qualify for settlement. Only certain routes to settlement will count towards settlement and temporary permission will no longer be able to be combined to meet settlement. The 10-year Long Residence route will be closed.

Routes that will count towards settlement include:

Minister of Religion.
Skilled Worker.
Ancestry.
Global Talent.
Scale-up.
Innovator Founder.
International Sportsperson.
Family partner.
Family partner/parent, excluding Article 8 ECHR.
Statelessness.
Core protection work and study.
Core protection.
Safe and legal routes.

All other routes, such as visitor, student, GBM, temporary work, youth mobility, seasonal worker, overseas domestic worker, graduate, high potential individual, the Ukraine schemes and leave outside the rules will not count.

Time with permission under Article 8 or refugee routes cannot be combined with work or family routes and the government will not permit “topping up” of leave to meet a settlement requirement.

Notwithstanding this, the government has said that it will honour existing commitments under certain routes such as Hong Kong BN(O), the Afghan scheme, legacy safe and legal routes, and the Windrush route.

Existing settlement arrangements, subject to the strengthened minimum requirement, will apply to bereaved partners, unaccompanied asylum-seeking children, children in local authority care, children and young adults with insecure immigration status who have grown up in the UK, and victims of domestic abuse.

The government has confirmed that it has moved away from a wholly individualised process for dependants and partners who arrive with main applicants will continue to be able to settle at the same time. Partners who join later will need to complete the same qualifying period as main applicants.

With regards to dependent children, there will be a new threshold relating to children who are 25 or over. These applicants will need to qualify in their own right for settlement and will need to move onto an appropriate route. They will not be able to settle as dependent children.

New provisions for refugees have also been announced. Core protection will lead to settlement after 20 years and entering legally on another route and then claiming asylum will not put a person on a five-year pathway. Illegal entry, on the other hand, will add 10 years to a settlement pathway and there will be a 30-year wait before settlement for refugees who entered illegally who do not move onto a protection work and study route.

What transitional protections have been announced?

There are no blanket transitional protections for everyone currently progressing towards settlement. However, the government has announced specific arrangements for certain groups.

Care workers who joined the route before the government published the Immigration White Paper in May 2025 will have specific transitional arrangements. Those who met their visa conditions and earned at least £25,000 a year while working in the social care sector will be able to remain on the existing five-year route to settlement, subject to the strengthened minimum requirements.

The government has also said it will support care workers to find a new employer where, through no fault of their own, their sponsor has had its licence revoked.

A similar transitional approach will apply to certain public service workers in healthcare and education who arrived during the relevant period.

Existing settled status will not be removed from people who have already obtained it. Certain groups, including Hong Kong British Nationals (Overseas), members of the armed forces and those with qualifying British connections, will also retain existing settlement pathways under the announced framework.

Frequently Asked Questions about Earned Settlement

Is the new 10-year Earned Settlement rule already in force?

No. The government has announced its final Earned Settlement policy framework, but the detailed Immigration Rules and operational arrangements needed to implement the new system have not yet been brought into force. Until the rules change, applicants must continue to consider the settlement requirements that currently apply to their immigration route.

Will Earned Settlement apply to migrants who are already in the UK?

Potentially, yes. The government has confirmed that settlement requirements will generally be determined by the Immigration Rules in force when a person applies for settlement. This means that many migrants already living in the UK could be affected by the new framework if they have not obtained settlement before the relevant changes take effect.

Will Skilled Worker visa holders still qualify for ILR after five years?

Not necessarily. Under the announced framework, the default settlement period would increase to 10 years, although some applicants could qualify after five years or three years depending on factors such as earnings, occupation and contribution. Transitional protections may also apply to certain groups.

If you currently hold a Skilled Worker visa and are approaching settlement eligibility, it is important to assess your position under the rules currently in force as well as the potential implications of the announced changes.

Could someone who expected ILR after five years now have to wait 10 years?

Yes, potentially. The government estimates that more than 500,000 people could wait longer than five years for settlement under the reforms. Whether an individual is affected will depend on their immigration route, circumstances, the final Immigration Rules and any transitional provisions that apply to them.

Who could qualify for settlement in less than 10 years?

Under the announced framework, some applicants would be able to qualify sooner than the 10-year baseline. This includes certain higher earners, people in specified public service roles and applicants on particular high-talent routes. Some qualifying family members of British citizens and other protected groups would also retain shorter settlement pathways.

The precise requirements will need to be checked against the Immigration Rules once the new framework is implemented.

Could immigration breaches increase the time needed for settlement?

Yes. Under the announced Earned Settlement framework, specified immigration breaches could substantially increase the qualifying period for settlement. The government has indicated that some applicants with immigration breaches could face a 20-year pathway, while separate provisions are proposed for people who entered the UK illegally.

Will claiming benefits affect an Earned Settlement application?

Potentially. The government has said that applicants seeking settlement on the relevant shorter pathways who have accessed specified public funds may need to demonstrate a continuous five-year period without relying on those funds before applying. Those who continue to access specified public funds may instead fall onto a longer settlement pathway.

The detailed definition and operation of these requirements will need to be confirmed in the Immigration Rules and accompanying guidance.

Are there transitional protections for people already on a five-year route?

There are targeted transitional protections, but the government has not announced blanket protection for everyone currently expecting to settle after five years. Specific arrangements have been announced for qualifying care workers and certain healthcare and education workers who arrived during the relevant period.

Other migrants should not assume that the settlement timetable they expected when they entered the UK will automatically remain unchanged.

Can someone who already has ILR lose it because of Earned Settlement?

No. The government has confirmed that settled status will not be removed from people who already hold it as a consequence of these Earned Settlement reforms.

What should I do if I am close to qualifying for ILR?

If you are approaching eligibility for Indefinite Leave to Remain, it may be sensible to establish when you qualify under the current Immigration Rules and whether there is any action you can properly take before the Earned Settlement changes are implemented.

The position will depend on your immigration route, qualifying residence, absences, immigration history and other settlement requirements. Applicants should obtain advice based on their individual circumstances rather than assuming that the announced 10-year baseline automatically applies to them now.

Concerned about how Earned Settlement could affect you?

The Earned Settlement framework could materially change when many migrants become eligible for settlement, including people who are already living in the UK and had expected to qualify for ILR after five years.

Until the detailed Immigration Rules are published and brought into force, applicants should distinguish carefully between the law that applies now and the government's announced future framework.

If you are approaching settlement eligibility, it may be sensible to understand your current position before the new rules are implemented rather than assuming that the qualifying period you expected when you entered the UK will necessarily remain unchanged.

To discuss your current settlement position or future Indefinite Leave to Remain options, call OTS Solicitors on 0203 959 9123 or contact our immigration solicitors online.