On 2 November 2026, the Home Secretary (UK), Shabana Mahmood, presented to Parliament the outcome of the earned settlement consultation and the final policy, and published an accompanying document, “A Fairer Pathway to Settlement - Government Response to the Consultation”. The changes announced in this document are largely in line with those set out in the November 2025 consultation. The consultation process began on 20 November 2025 and ended on 12 February 2026 and gathered responses from more than 200,000 people.

Importantly, the Government has not specified a definite commencement date for the main Earned Settlement reforms in this document.

What is Fairer Pathway to settlement or Earned Settlement?

UK government wants to stop the current almost automatic path to settlement in the UK. As of today, continuous residence in the UK (usually for 5 years) is the primary criterion for ILR or settlement. The new earned settlement model is intended to change this scenario. Now, migrant will no longer be granted settlement almost automatically, and the default qualifying residence period for settlement will also increase to 10 years. One must be able to earn settlement through demonstrable contribution to the UK through higher income, increased English language ability, a clean criminal record, no debt owed to the taxpayer, and a record of sustained NI (National Insurance) contributions.

What will change?

The new default qualifying residence period for settlement will be 10 years (rather than the current 5 years). However, depending on income one would be able to settle sooner or later than this period.

One must meet the following 4 non-negotiable conditions first to be eligible for settlement:

• a spotless criminal record, including custodial or suspended sentences, out-of-court disposals, and civil orders where there has been a conviction (up from the current threshold of a 12-month suspended sentence) 

• English spoken to at least CEFR B2 level (or equivalent to A-Level English as a foreign language) 

• no outstanding government debt   

• a record of sustained National Insurance contributions 

What will be the timeline to settlement under Earned Settlement? 

Under the new pathway to settlement, one must meet an annual income threshold for at least 3 years (aligned to the basic rate of income tax). 

The highest earners with an annual income of at least £125,141 (aligned to the additional rate of income tax), will be able to settle in the UK within 3 years. Those earning at least £50,271 (aligned to the higher rate of income tax), and some qualifying public service workers – like doctors, nurses and teachers will be able to settle after 5 years. 

Others making a sustained contribution of £12,571 will be able to settle at a new default of 10 years. 

Those with immigration rule breaches will only be able to settle after at least 20 years.

What will change to character, contribution, integration, and residence requirements?

A Fairer Pathway to Settlement, published in November 2026, draws the final framework post-consultation on earned settlement. With an aim to strengthen settlement rules, the changes to character, contribution, integration, and residence requirements for ILR will soon come into effect. 

1. Character

Under the current rules, one must be refused settlement if they have received a custodial or suspended sentence of at least 12 months. Repeat offenders who show a disregard for the law and those with offences that have caused serious harm must also be refused settlement. 

Discretion applies where an ILR applicant has got a custodial/suspended sentence of less than 12 months, a non-custodial sentence or a recorded out-of-court disposal (for example absolute and conditional discharges, conditional cautions, and court-imposed fines).

What changes?

Under Earned Settlement, any adult ILR applicant with a criminal record in the UK will have their settlement refused. Settlement will also be refused for applicants with overseas convictions where the underlying conduct would constitute a criminal offence in the UK. However, discretion will still apply to take account of differences between the legal systems of the UK and the country where the offence was committed, including where the conduct is a criminal offence overseas but would not constitute an offence in the UK.

Discretion will also remain where the applicant committed an offence when they were under 18, taking into account the circumstances and seriousness of the case.

1. No government debt

Under the current rules, ILR applications can be affected by certain debts owed to the state, but refusal is discretionary (may) and applies in certain relevant conditions.

What changes?

Under Earned Settlement, applicants must not have outstanding Government debt (including NHS debt, tax debt, unpaid tax, National Insurance contributions, and litigation debt owed to the Home Office) before they can settle. This will 

2. Immigration breaches

Under the current rules, an applicant with a previous immigration breach may still qualify once they have subsequently resided lawfully in the UK for the required period and meet the relevant requirements. 

What changes?

Under Earned Settlement, an adult who committed specified immigration breaches committed will be place on a 20-year pathway to settlement, regardless of higher earnings or making other positive contributions.

2. Contribution

Under the current rules, individual routes may have their own salary requirements for settlement.

What changes

Under earned settlement, ILR applicants must earn at least £12,571 a year for at least 3 years or minimum according to the applicable route or occupation. 

1. British connection

Under the current rules, an applicant may demonstrate a strong connection to the UK through their existing settlement arrangements when applying for settlement on specified family and ancestry routes. This includes partners and parents of British citizens, those on the UK Ancestry route, and other specified cohorts.

What changes?

Under Earned Settlement, applicants will continue to qualify for a 5-year pathway to settlement where they have recognised British connections.

2. Public funds

Under Earned Settlement, applicants will be expected not to have accessed specified public funds during the 5 years immediately before their ILR application when seeking to qualify through the 3-, 5-, or 10 -year settlement route. Those who continue to access public funds will have to complete 20 years on a qualifying route in the UK before they become eligible for settlement.

3. Integration

Under the current rules, applicants are required to meet the English language requirement at B1 level (equivalent to GCSE in a foreign language), unless exempt.

What changes?

Under the current rules, applicants will have to meet the English language requirement at B2 level (equivalent to GCSE in a foreign language), subject to existing exemptions. 

Knowledge of Life in the UK

Under Earned Settlement, the applicants will need to meet the Life in the UK test requirement with the existing exemptions, as is the case under existing rules.

4. Residence

The Long Residence route will close under the Earned Settlement. Applicants with time spent on temporary routes such as a visit visa or Student visa will no longer be able to count that time towards settlement simply because they subsequently reach 10 years of lawful residence. 

The following routes will count towards settlement: 

• longer-term work, talent and family routes, referred to as core permission 

• specified talent and innovation routes, referred to as the high talent group

• Family and Private Life 

• Core Protection Work and Study 

• Core Protection; and 

• Safe and Legal routes

• The following routes will not count towards settlement:

• Visit visa

• Student visa

• Global Business Mobility (GBM) route 

• Temporary Worker Routes 

• Youth Mobility 

• Seasonal Worker visa 

• Overseas Domestic Worker 

• Graduate visa and High Potential Individual visa

• Ukraine Scheme routes

• LOTR (Leave Outside the Rules)

Combining time on different routes

Under earned settlement, applicants will not be able to combine time spent on protection or human-rights routes (for example, refugee or Article 8 routes) with time spent on work or family routes to meet the qualifying residence period. Where an applicant moves between these routes, the qualifying period starts when they move onto it.

Existing Government commitments 

The following routes are out of the earned settlement framework. 

• Hong Kong BN(O): allows settlement after 5 years
• Afghan Schemes: allows immediate settlement
• Legacy Safe and Legal Routes: allows settlement after 5 years
• Windrush: no qualifying period required.

Particular vulnerability

The following groups will remain on their existing settlement arrangements provided they meet the new strengthened minimum standards that will apply generally to settlement under earned settlement (where appropriate), including English language and criminality requirements. The existing exemptions and appropriate safeguards will continue to apply.

• 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

• Victims of Domestic Abuse

5. Refugees

Refugees arriving the UK legally on Home Office-approved routes including the UK Resettlement Scheme and specified resettlement and sponsorship routes will be able to settle after 5 years. 

Others will be able to settle after 20 years. However, those who work or study will have reduced 10 years pathway to settlement. 

Anyone who arrived illegally by small boat, or another clandestine means of entry, could wait up to 10 more years meaning 30 years for settlement unless the individual is protected by Article 31 of the Refugee Convention.

Refugees who arrived through designated Safe and Legal Routes will not be required to not have accessed public funds during the 5 years before settlement. 

If one is admitted through the UK Resettlement Scheme, they will also be required to demonstrate English at CEFR level A2 (basic) rather than CEFR level B2 (equivalent of A level in a foreign language).

If a refugee is on Core Protection and Protection Work and Study, they will need to demonstrate English at CEFR B2 level (the equivalent of A level in a foreign language) before settlement.

Others arriving through designated Safe and Legal Routes will continue to have English language requirements at CEFR B2 level.

What are the transitional arrangements?

The Government in its November 2025 Earned Settlement consultation proposed that the new settlement requirements should apply to people already living in the UK who had not yet obtained ILR. However, after consultation process is over, the government takes into account the concerns of those already in the UK before the May 2025 White Paper publication.

Therefore, the following transitional arrangements will apply.

• Workers in occupations below RQF 6 will no longer face the 15-year pathway proposed in the consultation. They will instead qualify through the 10-year pathway provided they meet the strengthened minimum requirements. They will also have the opportunity to qualify for settlement sooner if they demonstrate the contribution at the required level to be eligible for an accelerated pathway. Existing exemptions and appropriate safeguards will continue to apply.

• Care workers who entered, or switched into, the route before the Immigration White Paper was published on 12 May 2025 will be able to settle after the existing 5-year qualifying period, where they meet the employment, salary threshold of £25,000 a year, and sponsorship requirements. They will also need to meet the strengthened minimum requirements that will apply under Earned Settlement, including on criminality and English language, unless an exemption applies.

• From 1 February 2027, care workers who lose their jobs because their sponsor’s licence has been revoked will be given up to 120 days to secure a new job offer. They will then have a further 60 days to regularise their visa and employment status. If they fail to obtain a job offer within 120 days or resolve their immigration and employment status within the total 180-day period, their visa will be curtailed, and they will be required to leave the UK.

• Workers in healthcare and education occupations below RQF 6 that are on a national pay scale will retain a 5-year route to settlement if they came to the UK before the Immigration White Paper publication in May 2025 and meet the requirements of their visa. Those who arrive in the UK after publication of the Immigration White Paper will qualify for settlement through the standard 10-year pathway. They will be able to qualify sooner if they subsequently fulfil an accelerated pathway’s requirements.

Skilled Workers Pre-April 2024 cohort 

In April 2024, the previous Government significantly increased the minimum salary requirements for Skilled Worker visa applicants. However, transitional arrangements (originally due to end in 2030) allow workers already on the route to extend their stay under the previous salary thresholds. 

Now, the qualifying period for settlement that will apply to workers in roles below RQF 6 who are not subject to other exemptions will be 10 years. But the government will extend transitional protection for workers in this cohort until 2035, rather than 2030, so they can continue extending their visas under the previous salary requirements.

How can Visa and Migration Ltd. Help?

We are an experienced immigration agency in London. We understand immigration rules inside out. So, we can help you understand how the Earned Settlement policy, announced on 2 November 2026, may affect your future ILR application. Our immigration advisers can review: 

• your current visa category, 

• immigration history, 

• employment, 

• earnings, and 

• eligibility 

for any transitional arrangements or settlement exemptions. 

We can assess your likely settlement timeline, explain the new contribution and other eligibility requirements, and identify potential issues involving dependants, immigration compliance, or government debts. 

We can also advise you on extending your existing visa if you are not yet eligible for settlement and help you prepare the necessary supporting documents. We can keep you informed about further changes to the Immigration Rules and implementation guidance.

To understand Earned Settlement rules and its impact on your future immigration status in the UK, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com