Earned Settlement 2026: Will Existing Migrants Wait 10 Years?

Key takeaways

• Ten-year settlement: Ten years will become the starting point for settlement for many migrants.
• Faster settlement: Three and five-year pathways will be available where specified contribution requirements are met.
• Existing migrants: The Government has not announced general grandfathering for everyone already progressing towards settlement.
• Targeted transitional arrangements: Specific protection has been announced for certain care workers and existing health and education workers.
• Children and families: The Government has moved away from requiring every dependant to earn settlement completely independently and has introduced provisions intended to support family unity.
• Stricter requirements: The new framework introduces minimum requirements relating to character and suitability, Government debt, B2 English, the Life in the UK Test and sustained contribution.
• Long Residence: The Government intends to close the separate Long Residence route, with time on temporary routes such as Student and Graduate no longer counting simply because an individual subsequently completes ten years of lawful residence.
• Not yet in force: The framework must still be implemented through the Immigration Rules. The Government has said that further technical and operational detail will be published before implementation. 

What is Earned Settlement?

Earned Settlement represents a fundamental shift in how migrants will qualify for permanent residence in the UK.

Under the existing system, many migrants on qualifying immigration routes can apply for ILR after completing five years of lawful residence, provided they satisfy the applicable route-specific requirements.

The central principle behind Earned Settlement is that permanent residence should increasingly depend upon an individual’s contribution, integration, character and circumstances rather than principally upon the amount of time spent lawfully in the UK.

The Government’s framework is based around four key principles:

• Character: rewarding those who comply with the rules, while imposing longer pathways or preventing settlement where specified requirements are not met.
• Contribution: recognising sustained and measurable contributions to the UK.
• Integration: requiring meaningful engagement with British society.
• Residence: recognising lawful, continuous residence on qualifying routes, while making clear that residence alone will not be sufficient.

How long will settlement take under the new system?

The final Government response sets out four principal pathways.

3 years

For applicants relying on exceptional economic contribution, the framework requires earnings of £125,141 for three years, which may be assessed by reference to three of the four years immediately before settlement.

The three-year pathway will also potentially encompass a Highest Talent Group, although the Government expressly states that this remains subject to review pending the relevant Migration Advisory Committee report.

5 years

For applicants relying upon higher earnings, the Government requires earnings of £50,271 in three of the five years immediately before settlement.

The five-year pathway will also include those who have worked in an eligible public service occupation for five years and people with a recognised British connection, subject to the applicable requirements.

10 years

Ten years will become the starting point for people who do not qualify for an accelerated pathway.

For applicants relying upon individual economic contribution under this pathway, the Government’s final summary requires earnings of at least £12,571 in five of the previous seven years, together with the mandatory settlement requirements.

20 years

The Government’s framework also provides a 20-year pathway where immigration non-compliance or access to public funds prevents an individual from qualifying through an earlier pathway.

These are now elements of the Government’s final policy framework rather than options on which it is still consulting.

They are not, however, yet the Immigration Rules governing settlement applications.

Will existing migrants be protected from the new settlement rules?

For people already living and working in the UK, this is one of the most important aspects of the reforms.

Many Skilled Workers entered the UK expecting to qualify for settlement after five years.

The Government has not announced general protection preserving the existing settlement rules for everyone already in the UK.

The final Government response states that:

“unless transitional provisions are made, applications are ordinarily considered under the Immigration Rules in force at the date of settlement decision.”

It then makes clear that the targeted transitional arrangements announced for particular existing cohorts:

“do not create a wider exemption for everyone already living in the UK.”

The practical consequence is significant.

A Skilled Worker who entered the UK expecting to qualify for settlement after five years should not assume that completing those five years guarantees that their application will be determined under the settlement rules in place when they first arrived.

However, it would also be premature to conclude that every existing Skilled Worker will necessarily have to wait ten years.

Some individuals may qualify for an accelerated pathway, remain within a preserved route or benefit from a specific transitional arrangement.

The key distinction is therefore that the Government has provided targeted protection for specified groups rather than general grandfathering for everyone already on a route to settlement.

Which existing settlement pathways will be preserved?

A number of routes will remain outside the main Earned Settlement framework because of existing Government commitments or separate statutory or legacy arrangements.

The final Government response identifies preserved arrangements including Hong Kong BN(O), specified Afghan schemes and other particular legacy categories.

The Government has also said that family members of British citizens and members of the Armed Forces will retain their current pathways, and settled status will not be removed from people who already hold it.

However, retaining an existing pathway does not necessarily mean that every existing requirement will remain unchanged. The Government response indicates that strengthened general settlement requirements, including criminality and the B2 English standard, may still apply unless an existing exemption or safeguard applies.

These preserved pathways should be distinguished from the separate one-off transitional arrangements for certain workers already in the UK. 

What transitional arrangements have been announced for care workers?

The Government has introduced a targeted, one-off transitional arrangement for care workers who entered or switched into the care route before publication of the Immigration White Paper in May 2025.

Those workers will retain the existing five-year qualifying period where they satisfy:

• the applicable £25,000 annual salary requirement;
• the relevant sponsorship requirements;
• the relevant employment requirements; and
• the strengthened minimum requirements applying generally under Earned Settlement, including criminality and English language, unless an exemption applies.

Those who do not satisfy the requirements will not qualify for settlement simply because they have completed five years in the UK.

The Government has nevertheless announced a further opportunity for workers within the protected cohort who have not qualified after five years to meet the relevant requirements through continued genuine sponsored employment. Completion of a further period of residence will not, by itself, guarantee settlement.

Workers who entered or switched into the care route after publication of the May 2025 White Paper do not benefit from this transitional arrangement and will instead fall within the new framework. The Government gives an example in which such a worker qualifies through the standard ten-year pathway if the relevant requirements are met.

Will healthcare and education workers still qualify for settlement after five years?

Some will, but an important distinction needs to be made.

The Government’s new framework includes a permanent five-year public-service pathway for qualifying public-sector workers in eligible health and education occupations. The final summary requires five years’ work in an eligible public service occupation where that is the basis for accelerated settlement.

The Home Office has identified doctors, nurses and teachers as examples.

Separately, the Government has announced a one-off transitional arrangement for specified existing workers in essential health and education roles below RQF level 6 who were already in the UK before publication of the May 2025 White Paper.

These two provisions should not be confused.

The first is intended to form part of the permanent Earned Settlement system. The second is a targeted transitional measure for an existing cohort.

How will salary affect settlement under Earned Settlement?

The Government intends earnings to operate as an important measure of contribution.

Importantly, it has adopted a “best years” approach, meaning applicants will not necessarily have to satisfy the relevant earnings threshold throughout every year of the qualifying period. This is intended to provide flexibility for periods of lower earnings.

Three-year settlement for the highest earners

Applicants relying on exceptional economic contribution must meet the £125,141 threshold for three years, or three of the four years immediately before settlement.

Five-year settlement for higher earners

Applicants relying on the higher-earner pathway must meet the £50,271 threshold in three of the five years immediately before settlement.

Five-year settlement for some public service workers

Economic contribution is not the only route to accelerated settlement.

The five-year pathway also recognises qualifying public service, with the Government’s summary requiring five years in an eligible public service occupation where an applicant relies on that basis.

Ten-year settlement as the default

For those who do not qualify through an accelerated pathway, ten years will become the starting point for settlement.

For applicants relying on individual earnings, the final framework requires earnings of at least £12,571 in five of the previous seven years, together with the mandatory requirements.

A longer settlement period does not necessarily mean that the person must leave the UK when their existing visa expires. The Home Office has said that people will have an opportunity to obtain further visas enabling them to work towards settlement.

For sponsored workers and their employers, however, a longer period in temporary immigration status could have significant financial and practical consequences.

What about couples and family income?

The Government has substantially modified its original approach to dependants following the consultation.

Eligible couples will be able to combine their earnings for the minimum economic contribution requirement.

The initial household threshold will be £25,142, twice the individual £12,571 minimum. One partner may meet that threshold alone or both eligible partners may combine their earnings.

The Government says that the household threshold will remain at twice the individual rate and therefore change in line with future changes to the relevant National Insurance threshold.

The Government has expressly designed this provision to recognise circumstances in which one partner may work fewer hours because of caring responsibilities while the household as a whole continues to make an economic contribution.

What is the position for partners?

The Government has moved away from the wholly individualised model for dependants considered during the consultation.

A partner who arrives with the principal applicant will continue to be able to settle at the same time, provided the relevant requirements are satisfied. A partner joining later will need to complete the same qualifying residence period before settling.

This represents an important change from the original consultation proposals and reflects the Government’s stated intention to place greater emphasis on family unity and shared household contribution.

What is the position for children?

The Government’s final response provides important protections for children and young adults.

Children under 18

Under Earned Settlement, children under 18 will continue to be able to settle with their parents.

Crucially, children under 18 will be exempt from:

• the income requirement;
• the Government debt requirement;
• the English-language requirement; and
• the Life in the UK Test.

They will, however, remain subject to the relevant suitability and criminality requirements.

The Government has also confirmed that children who have spent seven years or the majority of their life in the UK will remain on their existing settlement arrangements.

Young adult dependants aged 18 to 24

Special arrangements will also apply to young adults.

Young adults aged 18 to 24 who retain child-dependant status will continue to be able to settle alongside their family. They will be required to meet the adult mandatory requirements but will not have to satisfy the individual income/earnings requirement.

This is important because it means turning 18 will not, by itself, necessarily require an existing child dependant to establish an entirely independent economic pathway to settlement.

Children and young adults who have grown up in the UK

The Government has also preserved existing arrangements for certain children and young adults whose particular circumstances justify separate treatment.

The final response states that:

• unaccompanied asylum-seeking children will retain their existing five-year settlement arrangements;
• children in local authority care will retain their existing bespoke settlement arrangements; and
• children and young adults with insecure immigration status who have grown up in the UK will retain their existing five-year settlement arrangements.

The overall approach is therefore materially more protective of children and family unity than the original consultation model.

What new requirements will migrants need to meet for settlement?

Residence and earnings will not be sufficient on their own.

The final Government response identifies minimum requirements relating to:

1. character and suitability;
2. no outstanding Government debt;
3. strong English language ability;
4. the Life in the UK Test; and
5. sustained contribution to the UK.

These requirements cannot simply be offset through higher earnings, public service or other positive contributions.

Criminality

The Home Office has described the policy in shorthand as requiring a “spotless criminal record”.

The detailed Government response states that any adult applicant with a criminal record in the UK will be refused settlement. It describes the types of records covered and also provides for overseas convictions where the underlying conduct would constitute an offence in the UK.

The response nevertheless retains discretion in specified circumstances, including in relation to conduct committed while the applicant was under 18.

English language

Under Earned Settlement, B2 on the Common European Framework of Reference will be the standard English-language requirement for settlement, subject to existing exemptions. The Government describes B2 as equivalent to A-level in a foreign language.

The Government has also decided that C1 English will not provide a further reduction to the qualifying period.

Life in the UK Test

The Life in the UK Test will continue as a mandatory settlement requirement, subject to existing exemptions.

The Government is also reviewing the test to ensure that it better reflects life in modern Britain.

Sustained contribution

Applicants must demonstrate sustained contribution to the UK. Where economic contribution is relied upon, the earnings requirements and “best years” approach described above will apply according to the relevant pathway.

Government debt

Applicants will be required to have no outstanding Government debt.

The Government says relevant debt will include NHS debt, tax debt, including unpaid tax and National Insurance contributions, and litigation debt owed to the Home Office.

The implementing Immigration Rules will ultimately establish the precise operation of these requirements.

Could immigration breaches or access to public funds delay settlement?

Yes

Immigration breaches

The Government’s framework provides that specified immigration breaches committed as an adult will place an applicant on a 20-year pathway, regardless of higher earnings or other positive contributions.

The Government says qualifying breaches will include:

• overstaying;
• breaching a condition attached to immigration permission;
• using deception in an application; and
• taking action to frustrate immigration controls.

The Government response makes clear that this aspect of the policy applies to people who were 18 or over when they entered illegally or committed the relevant qualifying breach.

The precise legal definitions will be contained in the Immigration Rules.

Previous access to public funds

Access to specified public funds can also affect the pathway available.

Applicants seeking to qualify through the ordinary three, five or ten-year pathways must not have accessed specified public funds during the preceding five years, subject to applicable exemptions.

The Government gives the example of an applicant who has accessed specified public funds within those five years and is not exempt. The person must either:

• complete a continuous five-year period on a qualifying route without accessing specified public funds; or
• wait until completing 20 years on a qualifying route,

while satisfying the other requirements for settlement.

The Immigration Rules will determine the detailed operation of the exemptions and relevant public funds.

What will happen to the Long Residence route?

The Government has also announced an important change to Long Residence.

Under the Earned Settlement framework, the separate Long Residence route will close. Lawful residence on temporary immigration routes will no longer count towards settlement simply because an individual eventually reaches ten years of lawful residence.

The Government specifically identifies temporary routes such as Student and Graduate as examples of routes which will no longer build towards settlement in this way.

Instead, only time spent on specified routes intended to support longer-term residence will count towards Earned Settlement.

This could be particularly significant for individuals currently expecting to rely on combinations of immigration categories to reach ten years’ lawful residence.

The detailed Immigration Rules and any applicable transitional provisions will therefore be particularly important for anyone currently planning around Long Residence.

What changes have been announced for refugees?

The Government has separately set out a substantially different settlement framework for refugees.

Under the final response:

• refugees admitted through designated Safe and Legal Routes will qualify after five years;
• individuals on Core Protection will normally face a 20-year pathway;
• refugees moving into sustained work, education or training through Protection Work and Study may qualify after ten years on that route; and
• illegal entry will ordinarily add a further ten years, subject to the protection afforded by Article 31 of the Refugee Convention where its conditions are met.

For refugees qualifying through work on Protection Work and Study, the Government provides a distinct contribution requirement of at least £12,571 in three qualifying years.

Importantly, the ten-year qualifying period on Protection Work and Study begins when the individual moves onto that route. Previous time on Core Protection does not ordinarily count towards that ten-year period.

There is, however, a specific provision for refugees outside the designated safe and legal routes who claimed asylum before 2 March 2026: the Government says they will move to Core Protection and time already spent with refugee status will count towards settlement.

These provisions will likewise require implementation through the Immigration Rules.

Are the Earned Settlement changes in force now?

No. This remains a critical distinction.

The Government has moved beyond consulting on whether Earned Settlement should be introduced. Its November 2026 response describes the framework as the Government’s final approach.

The ten-year starting point, earnings pathways and other features discussed in this article should therefore no longer be characterised simply as consultation options.

However, publication of the policy framework does not itself amend the Immigration Rules.

The Government states that before implementation it will publish further guidance setting out additional technical and operational detail.

Until the implementing changes take effect, settlement applications remain subject to the Immigration Rules in force at the relevant time.

Further detail will therefore remain important in areas including:

• commencement provisions;
• transitional arrangements;
• evidential requirements for earnings;
• the treatment of existing periods of qualifying residence;
• household and dependant provisions;
• public-funds exemptions;
• application of the new criminality and immigration-breach provisions; and
• transition from existing routes into the new framework.

What does this mean for migrants already in the UK?

The most important message is:

Do not assume that the settlement timetable you expected when you came to the UK is automatically protected.

The Government has created protections for particular groups, but expressly says its targeted transitional arrangements do not create a wider exemption for everyone already living in the UK.

This is particularly relevant to:

• Skilled Workers currently expecting settlement after five years;
• workers whose earnings place them within or close to one of the new thresholds;
• individuals approaching their expected ILR date;
• care workers;
• health and education workers;
• families with partners or children approaching settlement;
• individuals relying on Long Residence; and
• anyone whose immigration history or access to specified public funds may affect the pathway available.

At the same time, do not assume that every person currently expecting settlement after five years must now wait ten years.

Individual outcomes will depend on the implementing Immigration Rules, the person’s route and circumstances, contribution, family position and whether an accelerated pathway, preserved arrangement or targeted transitional provision applies.

What do these changes mean for employers?

The reforms could have significant implications for workforce planning.

Where sponsored employees who previously expected ILR after five years have to remain within the immigration system for longer, employers may need to reconsider:

• future sponsorship requirements;
• immigration and sponsorship costs;
• employee retention;
• workforce planning; and
• immigration support programmes.

Different employees may also experience very different outcomes. Some higher earners could potentially qualify sooner, qualifying public service workers may access five-year settlement, while others may move towards the ten-year pathway.

Employers should therefore be cautious about communicating revised settlement dates as though they are already legally fixed.

Our view

Earned Settlement represents a fundamental change in the Government’s approach to permanent residence.

The final framework provides considerably more clarity than the original consultation.

For those relying on earnings, the intended structure is:

• £125,141 for three years, potentially assessed across three of the previous four years, for the three-year pathway;
• £50,271 in three of the previous five years for the five-year pathway; and
• £12,571 in five of the previous seven years for the standard ten-year pathway.

There are separate routes recognising eligible public service, specified British connections, family circumstances and particular vulnerable or protected groups. The final policy is also considerably more protective of family unity and children than the original consultation model.

But for migrants already living and working in the UK, perhaps the most consequential point remains the Government’s decision not to provide general grandfathering of the existing settlement rules.

There are important preserved pathways and targeted transitional arrangements, but these are protections for defined groups. They do not amount to a general guarantee that everyone already working towards five-year settlement will continue to be assessed under the settlement requirements in place when they first arrived.

The practical message for migrants currently planning around a five-year route is therefore:

Do not assume that your existing anticipated settlement date is protected, but equally do not assume that it has already changed.

The Government’s policy is now substantially clearer. The Immigration Rules implementing the reforms will determine precisely how and when the new framework takes legal effect and how it applies to individual cases.