On May 12, 2025, the UK government published its Immigration White Paper: Restoring Control over the Immigration System (the ‘White Paper’). This outlined a number of significant changes to the UK immigration system, whereby some of the proposals have already been implemented, for example, an increase in the Immigration Skills Charge by 32%, and increased English language requirements for Skilled Workers (moving from B1 level to B2).
The White Paper also detailed a significant shift in the UK’s approach to settlement (also commonly referred to as ‘Indefinite Leave to Remain’, and ‘permanent residence’), outlining that for the first time, settlement will be formally incorporated into the Points-Based System. Under the current immigration system, most migrants on work and family routes can apply for settlement after five years of continuous lawful residence, and subject to meeting eligibility criteria. The White Paper proposes that for the majority of migrants, the qualifying period for settlement will be increased to ten years. Whilst the baseline will set at ten-years, the White Paper confirmed that certain visa categories will retain accelerated pathways to settlement.
The proposal further outlines the development of a concept of “earned settlement” which will place greater emphasis on long-term contribution, integration, and civil participation as eligibility criteria under which settlement can be obtained. Particularly contentious for the UK government is whether any proposed changes would apply retrospectively, and whether any transitional arrangements would be put in place for individuals who entered the UK on the understanding that they would obtain settlement under an established five-year route (subject to meeting eligibility criteria).
Current position: Settlement consultation
Given the seismic shift in the eligibility criteria for settlement, the UK government opened a consultation in November 2025 to obtain feedback from interested parties on the proposed changes. The consultation on earned settlement closed on February 12, 2026. Announcements regarding any proposed changes are expected in March 2026 when the Statement of Changes is expected to be laid before Parliament. Implementation dates are expected to be staggered starting in April 2026. These dates remain subject to change and amendment.
No changes to the Immigration Rules have yet been implemented. Although existing settlement routes and qualifying periods continue to apply until any new rules are put into effect, the government has confirmed that, in principle at least, it intends to proceed with reforms to settlement based on the earned settlement model. On February 2, 2026, during the Westminster Hall debate, Mike Tapp, the Minister for Migration and Citizenship, confirmed that the government intends to proceed with the earned settlement model including plans to double the standard qualifying period from five to ten years. He did, however, clarify that aspects such as retrospectivity and transitional arrangements remain under review. No assurances were however, provided during the debate as to the position of individuals who are already partway through a settlement route, or those close to eligibility.
As of 2 February, approximately 130,000 responses had been submitted in response to the consultation reflecting the significance, sensitivity and engagement with the proposed reforms.
What comes next?
Although the government has confirmed the direction of travel regarding the earned settlement proposals, it is important to note that the proposals are at the policy stage, meaning nothing has been transposed into the Immigration Rules. Questions around the practicalities, transitional arrangements, and commencement and implementation dates remain undetermined. Whereas this leads to uncertainty for both employers and individuals—for example, with respect to business planning, talent retention and recruitment, budgeting, and career and personal planning—decisions and forward planning should not be based on speculation. It is recommended that employers:
- Review workforce and sponsorship planning and undertake scenario based financial modelling.
- Consider operational risks relating to retention and recruitment strategies in light of the proposed changes.
- Consider planning communication strategies to update affected employees and stakeholders when further announcements are made. Where appropriate, these should be approached from an immigration, business, and employee relations lens to ensure queries are addressed from an equitable, consistent, and technically accurate standpoint.
It is recommended that employers and affected individuals consult with UK specialist immigration counsel once formal announcements are made by the government.
In the interim, if you have any questions or would like to discuss further, please reach out to your Account Manager or email us at [email protected].
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
