2025 21 NOV
On 20 November 2025, the Secretary of State for the Home Department (UK) presented to Parliament: A Fairer Pathway to Settlement - A statement and accompanying consultation on earned settlement.
The Home Office says the UK legal migration system is undergoing the biggest overhaul in fifty years, aimed at rewarding individuals who contribute positively, follow rules and regulations, speak strong English, and avoid benefits.
Earlier this year, the UK government unveiled a White Paper proposing it would double the qualifying period for migrants to be eligible for permanent settlement (also known as ILR (Indefinite Leave to Remain)) in the UK from the current 5-year period to 10 years. However, it also proposed that migrants who make a strong contribution to the UK's economy and society will be granted settlement quickly than the current qualifying period.
Migrants will no longer be granted settlement automatically after a fixed period. Instead, they will need to earn it by demonstrating sustained good conduct, contribution, higher English standard, and integration.
Currently, migrants on most immigration routes are allowed to settle, typically after 5 years of continuous residence in the UK. The settlement allows them to access public funds and benefits. This includes those who arrived in the country on work routes, including Skilled Worker visas and Health and Care Worker visas, as well as family and humanitarian routes.
As per the proposed new regulations by the Home Office, those earning more than £125,000 ($163,000) would be allowed to apply to settle permanently in the UK straight after 3 years.
Migrants earning salaries between £50,270 and £125,000 would have to wait for 5 years, which is in line with the current provisions, while lower earners would have their qualifying period doubled to 10 years.
Low-wage migrants, as many as 616,000 and their dependents who arrived in the UK in the 2022-2024 period on a UK health and social care visa, would be subjected to a baseline of 15 years rather than a baseline of 10 years. The Senior Care and Care Worker route to new entrants was closed earlier this year following widespread abuse. However, doctors and nurses working in the NHS (National Health Service) will still qualify for ILR after 5 years.
Migrants reliant on benefits?wishing to settle would be required to wait for 20 years. Also, a migrant would be eligible for benefits and social housing only after they obtain British Citizenship, rather than the current rule of upon being granted settlement.
Recognised refugees in the UK who came here legally will now be subject to a 20-year period.??
Illegal entrants as well as visa overstayers would have to wait up to 30 years (a penalty of 20 years on top of their 10-year baseline) to settle.
Other key proposals include criminality. Those who wish to settle in the UK should have a clean criminal record. After thorough consideration, the precise threshold at which this is applied will be decided, building on rules announced earlier this year to reduce the deportation threshold.
• Settlement will continue to be possible after continuous residence of 5 years for the immediate family members of UK citizens, partners and dependants of British citizens, and BNOs (British Nationals Overseas) from Hong Kong.
• 5-year pathway to settlement for skilled frontline public service workers
• Migrants on Innovator Founder Visa or Global Talent Visa in the UK for at least 3 years could only have to wait 3 years for settlement, which is a 7-year reduction on the 10-year baseline.
• Migrants making NI (National Insurance) contributions will have to wait for 10 years, but those paying higher and additional rate taxes will benefit from reduced periods in recognition of their contribution.
• Those having competency in English at the C1 level under the CEFR (Common European Framework of Reference for Languages) would have to wait 9 years to settle, which is a reduction of 1 year from the 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, which is a 1-year reduction on the 10-year baseline.
• Those who have volunteered extensively in their local communities would have to wait 5-7 years, which is a reduction of 3-5 years from the baseline of 10 years.
The changes are estimated to apply to almost 2 million migrants who arrived in the UK from 2021, subject to 12 weeks of consultation on transitional arrangements for borderline cases.
Those with EUSS - Settled status under the EUSS (EU Settlement Scheme).
Those granted a settlement under the Windrush Scheme
Individuals with existing settled status.
Reductions for partners and dependants of British citizens and for BNOs (British National Overseas).
The issue of providing children in care and care leavers a clear pathway to settlement is also out of scope of this consultation.
The consultation asks for views on whether other groups, such as children who grew up in the UK and victims of domestic abuse, should also be exempt.
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