In short, the standard qualifying period for settlement will double from five to ten years and can be reduced or extended based on an applicant’s character, their economic contribution, integration, and residence. Implementation will begin in December 2026 and will be phased in throughout 2027. With transitional protection limited to a narrow group, employers, individuals, and their families should review their position now.
In addition to the extended baseline, those with immigration breaches, public funds use, or that have sought asylum outside established safe and legal routes could see their pathway extended to between 20 and 30 years. Those with any criminal history could be prevented from settling altogether.
Under Earned Settlement, the mandatory requirements are:
A criminal record of any kind (including absolute discharges) and specified debts will prevent settlement altogether. This represents a significant departure from the current Rules in which a mandatory refusal only applies for custodial and suspended sentences of 12 months or more.
Immigration breaches will extend the pathway to 20 years, regardless of whether the individual is a high earner or has other contributions. The Immigration Rules will set out the detail, but qualifying breaches will include:
This applies to adults only, recognising that children often have no control over their immigration status.
This is the key change. It is sustained economic contribution, measured by taxable income, that will now largely determine how quickly someone can settle. These thresholds will remain linked to income tax and National Insurance thresholds, so they will move over time.
Children, those aged 65 and over, and those with a relevant physical or mental condition are exempt.
The Government recognises that earnings do not always follow a steady path. Income will therefore be assessed over an extended period, and applicants can rely on the years in which they met the threshold (see the right-hand column below). This is a welcome addition as it means people who take time out of work, such as for maternity leave, can stay on track for ILR.
| Annual income | Qualifying period | Best years assessment |
| £125,141 or more | 3 years | 3 of the 4 years before settlement |
| £50,271 or more | 5 years | 3 of the 5 years before settlement |
| £12,571 or more | 10 years | 5 of the 7 years before settlement |
Eligible couples may combine their earnings to meet the minimum contribution requirement. The household threshold will be £25,142 (double the individual minimum), which will again move with the National Insurance threshold. One partner can meet it alone, or the couple can combine incomes. Partners on no or low incomes therefore are not unduly kept from settlement.
Integration will be assessed through English language (at least CEFR B2 level) and the Life in the UK test. Compared with earlier proposals:
The Government has also scrapped the earlier proposal for volunteering to reduce the qualifying period.
The Long Residence route will close, removing a key pathway to settlement.
Applicants will no longer be able to combine time on different temporary routes (such as Student, Graduate and Global Business Mobility) to qualify. With transitional provisions limited, many people who have studied, worked, and planned their lives in the UK could now find themselves with a much longer pathway to settlement.
In a footnote, the Government acknowledged that the considerations for Leave Outside the Rules are complex and will require further review, but the outcome remains to be seen.
Given the extended baseline, a key concern throughout the consultation period was the impact on dependants, particularly children. In response, the Government has moved away from a purely individual assessment of Earned Settlement and states that it will prioritise “family unity, shared household contribution and the continuing dependency of children and young adults”.
In simple terms, this means that:
These age thresholds reflect similar policy, such as the “new entrant” provisions, which typically stop once an individual reaches 26 years old.
Earned Settlement will apply retrospectively. This was one of the most criticised parts of the proposals during the consultation, and it is going ahead. Transitional arrangements are very limited and fall into three categories.
1. Public service workers
Public service workers such as teachers, nurses and doctors will have a five-year qualifying period. The eligible occupation codes are listed at Annex C of the Government’s response to the consultation.
2. Public service workers paid on a National Pay Scale below RQF level 6
Public service workers paid on a National Pay Scale and work in healthcare or education below RQF level 6 (e.g., Teaching Assistants) will remain on a five-year route. The caveat here is that they must have first arrived in the UK before the Immigration White Paper was published in May 2025.
3. Care workers
Care workers in roles below RQF level 6 will no longer face the fifteen-year route that was originally proposed. Care workers who were in the UK before the May 2025 Immigration White Paper can settle after five years if they earn £25,000 and meet the sponsorship and employment requirements.
There is also a second chance for care workers who have been exploited. Anyone who does not meet the requirements can apply for a second five-year Health and Care Worker visa to do genuine work in the sector and then try again.
From 1 February 2027, a care worker who loses their job because their sponsor’s licence has been revoked will have 120 days to get a new offer of employment. After that, they will have a further 60 days to sort out their visa and employment status.
Those already in the UK under the transitional arrangements following the significant overhaul of the Rules in April 2024 will not benefit from a reduced pathway to settlement. Instead, the Government will extend to 2035 the existing arrangement that allows this cohort to benefit from reduced salary thresholds, so they can continue extending to the full ten years.
The following routes sit outside Earned Settlement:
Earned Settlement also acknowledges that those with a “British connection” should benefit from that connection. Eligible applicants such as partners, parents of British citizens and those on the UK ancestry route will therefore remain on a five-year pathway to settlement.
While these changes will take effect only once new Immigration Rules are published, implementation is planned for December 2026 and throughout 2027. Given how narrow the transitional provisions are, individuals and employers should act now: checking where individuals sit in the new framework, reviewing earnings history against the thresholds, and identifying any debts, breaches or public funds use that could impact eligibility.
Our immigration team can help individuals and businesses understand how Earned Settlement affects them and plan accordingly.
