The Home Office is going to apply the changes to most existing visa holders unless they are exempt. The reforms mean some individuals may be able to settle earlier than the current five years, some will remain at five years and others may face longer routes to settlement and additional visa costs. Implementation is planned during 2027, but detailed Immigration Rules and guidance are still awaited, as well as the official timeline.
1. What has been announced?
Mandatory requirements
Character - applicants should have no UK criminal convictions and no government debt. If you have breached the Immigration Rules as an adult, then you can only qualify for settlement after 20 years. Separate rules apply to entry via small boats.
Contribution - applicants must have earned enough to have contributed income tax for three years. This means you must have earned £12,571 a year for three years. Exemptions will apply to children, people aged 65 and over and those unable to meet the requirement because of a physical or mental condition. Dependent partners can combine their income with the main applicant and use household income to meet this requirement. This will be £25,142, twice the individual minimum income requirement.
Integration - applicants must have passed a secure English language test in speaking and listening to B2 level (the previous level was B1). Applicants will also need to pass the Life in the UK Test, with the existing exemptions.
Individuals who can settle at the same period or earlier: A five-year settlement route is intended to remain available to individuals who meet the mandatory requirements and are partners, children or parents of British citizens, as well as eligible individuals who have earned more than £50,271 in three of the last five years. Eligible workers in specified health and education occupations (for instance, doctors, nurses and teachers) will be able to qualify for settlement after five years. One-off transitional arrangements will apply to specified public service workers who were already in the UK before publication of the Immigration White Paper but whose occupations do not qualify for this permanent five-year pathway.
For those who earn over £125,141 (for at least three years) or qualify through the Highest Talent Group, it may be possible to settle after three years. The precise eligibility and evidence requirements will be set out in the Rules when they are published.
Longer routes for other workers: Those who earn under £50,271 in three of the last five years fall within the new ten-year baseline, unless another reduction applies. Individuals who have accessed public funds and continue to do so will only qualify on the 20-year route, as will individuals who have breached the Immigration Rules. This could mean additional visa extensions.
Dependent partners and children: Dependants will need to meet the same qualifying period as the sponsored worker. The new mandatory criteria will require applicants to have been earning at least £12,571 for three years before applying, and this will apply to dependent partners as well. However, where the sponsored worker is earning above £25,142, they will be able to use this income to meet their partner's earnings requirement if they are not working.
Which visa routes will no longer qualify: The changes mean that the ten-year long residence route to settlement will no longer apply and time spent on certain visa routes will not be able to be used towards the qualifying period. This includes time spent on:
Visit
Student
Global Business Mobility
Temporary Worker routes
Youth Mobility
Seasonal Worker
Overseas Domestic Worker
Graduate and High Potential Individual
Ukraine Scheme routes, including the Homes for Ukraine Sponsorship Scheme, the Ukraine Family Scheme, the Ukraine Extension Scheme and the Ukraine Permission Extension Scheme
Leave Outside the Rules (although this group is still being considered)
Combining time on different routes: Time spent on protection or human rights routes will not be able to be combined with time spent on work or family routes to meet the qualifying residence period. Where someone moves between these routes, the qualifying period for the new settlement pathway will start when they move onto it.
Refugees: The normal period for settlement for refugees will be 20 years. However, if you entered the UK without a visa, a further ten years will be added, making the qualifying period 30 years. The government has announced that it will introduce a protection work and study route which individuals who are working and studying can move to in order to qualify for settlement earlier. The details of this are to be outlined in the Rules. Refugees who enter on a designated safe and legal route, such as the UK Resettlement Scheme and specified resettlement and sponsorship routes, will be eligible after five years and will be required to meet the English language requirement at A2 instead. They will also be exempt from the requirement not to have accessed public funds in the five years.
Asylum support: Where an individual has received asylum support and is required to repay those costs, they will also need to demonstrate that they have either repaid the amount or are complying with an agreed repayment plan.
What this means for you
Unfortunately, the changes will mean individuals have different paths to indefinite leave depending on their income, immigration history and whether they have accessed public funds. Some individuals may settle after three years, some may retain a five-year route, while others may need much longer.
2. Steps to take now
If you think you are eligible to apply now or are nearing eligibility, get legal advice as soon as possible. If you are eligible to submit an application, apply now before the changes come into effect if you are likely to be impacted by them.
How we can help
Our immigration team advises individuals on applications for visas, settlement and British nationality. Please get in touch to discuss your circumstances if you would like advice.
This factsheet provides general information, not advice on any individual's eligibility. The final Rules and guidance should be checked before decisions are made.
