The Government has confirmed plans for a fundamental restructuring of the UK settlement system. Instead of most migrants becoming eligible for Indefinite Leave to Remain (ILR) after 5 years, the time taken to qualify will depend more closely on their earnings, occupation, conduct, integration, and immigration history.
The proposals are contained in the Government’s response to the earned settlement consultation, “A Fairer Pathway to Settlement”, published on 2 November 2026. It sets out the final policy framework, but further guidance and changes to the Immigration Rules will be required before the new system is implemented.
What is earned settlement?
Settlement allows a person to live in the UK permanently and can provide a route to British citizenship. Under the current system, most migrants on routes leading to settlement can apply after 5 years, subject to meeting the relevant requirements.
The proposed 15-year route for medium-skilled workers has been dropped. Under the new framework, the standard qualifying period will increase to 10 years, with shorter or longer pathways depending on an applicant’s circumstances.
The framework will consider four areas: character, contribution, integration, and residence. Applicants will also need to satisfy mandatory requirements covering good character and suitability, government debt, English-language ability, the Life in the UK test, and sustained contribution, subject to applicable exemptions and safeguards.
How long will settlement take?
The new system will move away from a largely uniform five-year pathway. Many migrants already in the UK will face a 10-year route despite originally expecting to settle after 5 years.
Standard 10-year pathway: For applicants who have earned at least £12,571 in 5 of the previous 7 years before applying, alongside satisfying the other mandatory requirements.
Accelerated 3-year pathway: For applicants who have earned at least £125,141 in 3 of the 4 years immediately before applying. This encompasses a “Highest Talent Group”, subject to further review.
Accelerated 5-year pathway: For applicants who have earned at least £50,271 in 3 of the 5 years before applying. It will also apply to eligible workers in specified health and education occupations paid according to national pay scales, including qualifying doctors, nurses, and teachers. (Confirmation is needed quickly to confirm that the 5-year concession will apply to independent school teachers as well as those in the public sector.)
The earnings thresholds will be linked to income-tax thresholds and could therefore change.
Care workers: The Government has made a targeted concession for care workers who entered or switched into the route before publication of the Immigration White Paper in May 2025. They will retain a 5-year qualifying period where they satisfy the applicable £25,000 salary requirement and other relevant conditions. Those who cannot qualify after 5 years will be able to apply for a further 5-year Health and Care visa, restricted to genuine work in the sector, giving them another opportunity to meet the settlement requirements.
A separate 5-year arrangement will apply to specified healthcare and education workers below RQF level 6 who arrived before the White Paper and work in occupations covered by national pay scales.
A longer 20-year pathway will apply in certain circumstances involving immigration non-compliance or access to public funds.
This “best years” approach is intended to accommodate periods of lower earnings caused by circumstances such as maternity or parental leave, caring responsibilities or ill health. Children, people aged 65 or over, and certain people unable to meet the earnings requirement because of a physical or mental condition will be exempt from the minimum earnings test.
What will the changes mean for families?
Eligible couples will be able to combine earnings to meet a household threshold of £25,142. Joint finances and a proposed “best years” earnings assessment should offer greater flexibility.
Where a partner arrives with the principal applicant, they will generally be able to settle at the same time provided both meet the relevant requirements. A partner arriving later will normally have to complete their qualifying residence period from their own arrival.
Children under 18 will continue to be able to settle with their parents and will be exempt from the income, government-debt, English-language, and Life in the UK requirements.
What other factors could affect settlement?
The framework places greater emphasis on conduct and compliance.
An adult applicant with a UK criminal record will be refused settlement under the proposed approach. Specified immigration breaches committed as an adult, including overstaying, breaching immigration conditions, and using deception in an application, will generally place someone on the 20-year pathway. Applicants must also clear specified government debts.
Applicants seeking settlement after 3, 5, or 10 years will generally be expected not to have accessed specified public funds during the preceding 5 years. Someone who continues to access them may instead face a 20-year qualifying period.
The standard English-language requirement will also rise from B1 to B2. Most applicants will continue to have to pass the Life in the UK test.
Which periods of residence will count?
The Government also plans to close the separate Long Residence route.
Time spent on temporary routes, including Student, Graduate, High Potential Individual, Global Business Mobility, Youth Mobility, and Temporary Worker routes, will not count towards settlement under the new framework. Time on protection or human-rights routes will not be combined with time on work or family routes.
Separate commitments will continue for certain groups, including those covered by the EU Settlement Scheme, Hong Kong BN(O) visa holders, Afghan schemes, Windrush cases, and members of HM Armed Forces.
What should employers do now?
The potential impact on recruitment, retention, and sponsorship costs should not be underestimated. The settlement timetable will no longer be determined simply by completing a fixed period on a sponsored visa. Salary history, occupation, immigration route, and arrival date may all affect when an employee can settle.
Employers should:
- Audit sponsored workers’ visa expiry dates, salaries and anticipated settlement dates.
- Identify employees approaching 5 years who may qualify under existing rules.
- Review potential additional sponsorship costs and workforce retention risks.
- Avoid making assurances until the final rules are published.
What should visa holders do?
People have built careers, established families, and made long-term commitments based on an expected 5-year route to settlement. Whilst the position could have been far worse, changing the rules partway through that journey still raises serious questions about fairness and certainty.
Visa holders should:
- Apply now if eligible.
- Check their settlement timeline, occupation code, and earnings.
- Keep employment, tax, and immigration records up to date.
- Review how the proposals may affect their dependants.
- Seek advice before switching roles, employers, or visa categories.
What happens next?
The proposals do not themselves bring the new settlement system into force. The final Immigration Rules and transitional provisions will be critical. Until those details are available, migrants and employers should be cautious about relying on the headline qualifying periods alone. An individual’s route, earnings, occupation, arrival date, family circumstances, and transitional protections could all affect when they can settle.
The Government has indicated that the new system will come into force in 2027. We will provide further updates when the timetable is confirmed.
For advice on what the changes mean for your circumstances and the steps you may need to take, please contact Nichola Carter Thomas.
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This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.