The Government has announced significant changes to the way migrants can qualify for permanent settlement in the UK. Under its proposed new Earned Settlement system, most migrants will need to live in the UK for ten years, rather than five, before they can apply for Indefinite Leave to Remain (ILR).
The changes could affect hundreds of thousands of people, including those already living and working in the UK who may have been planning to apply for permanent settlement.
But what exactly is changing, who could be affected and what does this mean for your future in the UK?
What Is The New Earned Settlement System?
Currently, many migrants can apply for Indefinite Leave to Remain (ILR), also known as settlement, after five years of lawful residence in the UK, provided they meet the requirements of their immigration route.
ILR allows someone to live and work in the UK permanently, without time restrictions on their immigration status.
Under the Government’s new Earned Settlement system, the standard qualifying period will increase to ten years for most migrants. However, the time someone must wait could be shorter or longer depending on their earnings, occupation, contribution to society and immigration history.
The Government’s intention is to reward people who make a positive contribution to the UK while introducing tougher requirements for permanent settlement.
Read the Government’s Earned Settlement announcement.
How Long Will You Need To Live In The UK Before Applying For Settlement?
The proposed qualifying periods will vary depending on an individual’s circumstances.
| Category | Proposed qualifying period |
| Highest earners (earning at least £125,141) | 3 years |
| Higher earners (earning at least £50,271) | 5 years |
| Eligible public service workers, including certain doctors, nurses and teachers | 5 years |
| Most other migrants meeting the minimum contribution requirements | 10 years |
| People with specified immigration breaches or certain public funds history | 20 years |
To qualify through the standard ten-year route, applicants will generally need to demonstrate earnings of at least £12,571 for five of the previous seven years. There are also exemptions for certain groups.
These are the Government’s proposed pathways, and individual eligibility will depend on the detailed requirements.
The full qualifying periods and contribution thresholds are set out in the Government’s Earned Settlement response.
What New Requirements Will Applicants Need To Meet?
Alongside the longer qualifying periods, the Government has announced additional requirements for settlement applicants. These include:
- Good character: Applicants will face stricter criminality requirements. Under the new framework, an adult applicant with a criminal record in the UK will generally be refused settlement.
- Higher English language ability: Applicants will need to demonstrate English language ability at B2 level, equivalent to upper-intermediate proficiency.
- No outstanding Government debts: This includes certain unpaid NHS bills, tax, National Insurance contributions and debts owed to the Home Office.
- The Life in the UK test: Applicants will need to demonstrate knowledge of life in the UK by passing the test.
- Sustained economic contribution: Applicants will generally need to demonstrate earnings above the minimum threshold for the required period.
These requirements are intended to demonstrate good character, integration into British society and financial contribution to the UK.
Further details are available in the Government’s policy response.
Who Else Could Be Affected By The Changes?
The new framework includes specific provisions for several groups.
Care workers: The Government has announced transitional arrangements for certain care workers already living and working in the UK. Those who entered the route before the publication of the Immigration White Paper in May 2025 may retain their existing five-year settlement pathway, provided they meet the relevant requirements. Other care workers may fall under the new ten-year route.
Refugees: Those arriving through designated safe and legal routes will generally be able to apply for settlement after five years. Other refugees could face a 20-year qualifying period, potentially reduced to ten years if they move into sustained work, education or training.
People who entered the UK illegally: Those who entered through illegal routes, including small boat crossings, could face an additional ten-year waiting period. For some refugees, this could mean waiting up to 30 years.
These proposals form part of the Government’s wider approach to rewarding contribution and encouraging people to use approved immigration routes.
Will The Changes Affect People Already Living In The UK?
This is likely to be one of the biggest concerns for people who are already working towards settlement under the existing five-year system.
The Government has confirmed that, unless specific transitional arrangements apply, applications will generally be assessed under the Immigration Rules in force when a decision is made. This means that simply having arrived in the UK under the previous rules does not guarantee that you can still qualify under the original five-year pathway.
However, certain groups will retain existing settlement arrangements, including:
- People who already hold settled status.
- Eligible family members of British citizens.
- Hong Kong British Nationals (Overseas).
- Members of the armed forces.
There are also specific transitional provisions for certain existing care workers and public service workers.
If you are approaching the point where you can apply for ILR, it is particularly important to understand how the changes could affect your individual circumstances.
The Government explains these transitional arrangements in Chapter 8 of its Earned Settlement policy response.
When Will The New Immigration Rules Come Into Effect?
Although the Government announced its Earned Settlement framework on 2 November 2026, the changes will not all take effect immediately.
Further changes to the Immigration Rules and supporting guidance will be needed to put the framework into practice. The Government has confirmed that further technical details will be published ahead of implementation.
This means anyone planning to apply for settlement should keep up to date with developments and avoid assuming that the proposed rules are already in force.
You can follow updates through the official UK Immigration Rules.
What Should You Do If You Are Planning To Apply For ILR?
If you are living in the UK on a visa and planning to apply for settlement, the proposed changes could have a significant impact on your plans.
Your immigration route, occupation, earnings, immigration history and length of residence could all influence when you become eligible.
An immigration solicitor can help you understand which rules apply to your circumstances, whether you could be affected by the changes and what steps you may need to take.
How Can Talbots Law Help?
Changes to immigration law can be difficult to navigate, particularly when they affect your ability to continue living and working in the UK.
If you are concerned about how the new settlement rules could affect you or your family, Talbots Law can help you understand your immigration position and the options available.
Contact our team today to arrange a meeting with one of our immigration experts. Call us on 0800 118 1500 or complete the form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Nisha Leel, Director & Head of Immigration.