They introduced the concept of earned settlement firstly through an immigration white paper, Restoring Control Over the Immigration System, in May 2025 and expanded on this in a statement and accompanying consultation on earned settlement in November 2025, which we covered in an earlier article.
This article looks at some of the proposed changes and the current position.
1. Changes for Indefinite Leave to Remain
The proposed changes introduce base requirements that all applicants will need to meet, along with amending the qualifying period for Indefinite Leave to Remain.
2. Base requirements
The proposals introduce three minimum requirements which all applicants will need to meet as follows:
I. Suitability: the applicant must meet the requirements of Part Suitability of the Immigration Rules and should not have a criminal conviction, and should not have any current NHS, tax or other government debt.
II. Integration: the applicant must be able to evidence that they meet English language requirements, which will be at B2 level under the Common European Framework of Reference for Languages. This increases the current level for many routes from B1 to B2. The applicant must be able to evidence that they have passed the Life in the UK test.
III. Contribution: the applicant has contributed by having annual earnings above £12,570 for a minimum of 3 to 5 years (subject to consultation), in line with the current thresholds for paying income tax and National Insurance Contributions (NICs), or an alternative amount of income.
3. Changes to the Qualifying Period
Previously, the usual route to settlement was 5 years for most visa categories. The current plans, if implemented, would increase the baseline from 5 to 10 years for most people, with certain factors either increasing or decreasing this. For those who are recognised as refugees, the starting point will be a 20-year qualifying period except for those resettled through the UNHCR.
4. Factors that could increase or decrease the qualifying period
According to the available materials, there will be factors which adjust the settlement period up or down. They have introduced two tables of attributes, one which reduces the time required to be eligible and one which increases it. The current plan is that only one from the same table will apply, the one that causes the largest change. However, if one applies from each table, then both will be applied to result in the average change.
The tables are:
Table 2: Considerations that will reduce the baseline qualifying period. Note: only one of the listed considerations (i.e. the one that causes the largest reduction) would be applied in the case of any single application, and additional years will take precedence over any reduction to the baseline.
Pillar | Attribute | Adjustment to baseline qualifying periods |
Integration | Applicant has competency in English language at C1 level under the Common European Framework of Reference for Languages | Minus 1 year |
Contribution | Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement | Minus 7 years |
Contribution | Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement | Minus 5 years |
Contribution | Applicant has been employed in a specified public service occupation for 5 years | Minus 5 years |
Contribution | Applicant has worked in the community (volunteering, etc.) | Minus 3 to 5 years |
Entry and residence | Applicant holds permission as the parent, partner or child of a British citizen and meets core family requirements. Not subject to consultation | Minus 5 years. Not subject to consultation |
Entry and residence | Applicant holds permission granted under the British National (Overseas) route. Not subject to consultation | Minus 5 years. Not subject to consultation |
Entry and residence | Applicant has 3 years' continuous residence as the holder of permission as a Global Talent worker or Innovator Founder | Minus 7 years |
Entry and residence | Acknowledgement of specific and vulnerable groups having a reduction | Subject to consultation |
Table 3: Considerations that will increase the baseline qualifying period. Note: only one of the listed considerations (i.e. the one that causes the largest increase) would be applied in the case of any single application. This will take precedence over any reduction to the baseline.
Pillar | Attribute | Adjustment to baseline qualifying periods |
Contribution | Applicant has been in receipt of public funds for less than 12 months during route to settlement | Plus 5 years |
Contribution | Applicant has been in receipt of public funds for more than 12 months during route to settlement | Plus 10 years |
Entry and residence | Applicant arrived in the UK illegally, e.g. via small boat/clandestine entry | Plus up to 20 years |
Entry and residence | Applicant entered the UK on a visit visa | Plus up to 20 years |
Entry and residence | Applicant has overstayed permission for 6 months or more | Plus up to 20 years |
There may be some categories which are not impacted. For example, a skilled worker working in a highly skilled role earning above the £50,270 threshold would be eligible for ILR after 5 years, which is currently the case. The negative attributes in Table 3 are also less likely to apply to those in the skilled worker category. However, the rules will disproportionately impact those in other categories, such as those in medium-skilled roles or those who are here on human rights grounds or refugee status, and who are more likely to have the attributes in Table 3 apply.
5. Dependants and transitional arrangements
There are also a number of question marks around the plans and how they will apply to dependants. The current proposals indicate that the changes will apply to adult dependants but do not confirm the impact on child dependants and whether they will need to wait for both parents to be settled or can settle alongside the main visa holder.
For applicants who are unable to meet the base requirements, as they have not earned £12,570 for a minimum of 3 to 5 years, they will be unable to apply for settlement at all. This is likely to disproportionately impact those with caregiving responsibilities.
It is also unclear if the changes will apply to those who already hold visas or only to those who are granted their visas after the changes come into force. The proposal suggests that they may apply to existing visa holders, and the consultation sought views on this. We therefore await further announcements.
6. The current position
Although there has been a lot of media coverage since the proposals were first mentioned in September 2025, there are still many unanswered questions and a great deal of speculation.
Some press reports have indicated that the Home Office may move away from applying the changes to particular sectors or workers already in the UK, but until the formal changes are published, we cannot say if this is correct or not.
Whilst the changes were initially announced in November 2025, we do not yet have confirmation as to whether they will come into force and, if so, when. The Government has suggested that it will make a further announcement in the autumn of 2026.
We will keep up to date with the changes as they come through and, if you have questions on the developments, please feel free to contact our expert team of immigration advisers.
