UK Immigration – Earned Settlement Framework: What We Know

Executive Summary

On 2 November 2026, the UK Government published its response to the Earned Settlement consultation that was launched in late 2025. Home Secretary, Shabana Mahmood outlined the Government’s proposed approach to Parliament, with a clear statement that “Settlement should not be automatic. It should be earned” ⁽¹⁾. Forming the premise upon which the Government has formulated its Earned Settlement framework, two key principles will underpin the framework: firstly, everyone will need to meet a minimum set of requirements; and secondly, the time it takes to qualify for settlement will reflect an individual’s contribution, integration and compliance ⁽²⁾.

The starting point is the proposed extension of the standard baseline qualifying period for Indefinite Leave to Remain (ILR) from 5 to 10 years. However, the qualifying period can be reduced or increased depending on factors such as earnings, contribution, integration, conduct and immigration history. For example, minimum mandatory requirements including the following will need to be met: demonstration of good character and suitability; no outstanding Government debt; demonstration of strong English language ability; passing the Life in the UK test; and evidencing a sustained contribution to the UK. A higher salary does not negate the need to meet these requirements. Other noteworthy points include the following:

• the proposed 15-year wait for lower paid roles has been removed;
• eligible care workers may rely on specific transitional arrangements that have been outlined, albeit the transitional arrangements are targeted, one-off and narrow;
• the existing 10-year long residence route is set to close with time spent under temporary routes such as student and Graduate never counting towards the qualifying residence period;
• the 5-year route to settlement remains for qualifying British family and ancestry routes; and
• eligible dependant family members will generally be able to apply for settlement together (subject to meeting eligibility criteria).

It is important to note that the Government has only confirmed its intended policy, and a commencement date has not been confirmed. This means that while the announcement allows for some preliminary impact analysis, the granular detail required for definitive decision making remains outstanding, pending the publication of full guidance. Until the comprehensive Earned Settlement framework is implemented through a Statement of Changes to the Immigration Rules, the current Immigration Rules continue to apply.

Key changes

The Government’s policy direction has been confirmed in the Earned Settlement framework. Although existing settlement routes and qualifying periods continue to apply until any new rules come into effect, the Government has confirmed that in principle at least, it intends to proceed with reforms to settlement based on the Earned Settlement framework. What we know so far:

• The standard qualifying baseline period is increasing to 10 years for individuals meeting the minimum earnings threshold of £12,571 per annum in 5 of the 7 years immediately before applying. Faster or slower paths will be available depending on 4 key principles: suitability, economic contribution, integration and residence
• Suitability requirements will be strengthened with stricter and higher thresholds applying to criminality, Government debt (eg NHS or tax debt including unpaid tax), and immigration compliance
• English language requirement of level B2 of the Common European Framework (upper intermediate) together with completion of the Life in the UK test will be required
• High earners defined as those earning £125,141 or above per annum in 3 of the 4 years immediately before applying may qualify for settlement after 3 years
• Individuals earning £50,271 or above per annum can qualify for settlement after 5 years
• Individuals earning less than £50,271 per annum in 3 of the 5 years immediately before applying will generally default to the 10-year pathway to settlement
• Eligible care workers may be able to rely on targeted, one-off transitional arrangements. Specifically, care workers who entered or switched immigration routes before publication of the Immigration White Paper in May 2025, and who earn at least £25,000 annually may be eligible for settlement after 5 years. No other transitional measures have been announced for individuals already in the UK
• Eligible health and education workers on national pay scales may qualify for settlement after 5 years
• Individuals under qualifying British family and ancestry routes may qualify for settlement after 5 years
• If specified immigration breaches have been committed an individual’s qualifying period may increase to 20 years
• The existing 10-year long residence route is set to close
• Dependant family members may generally apply to settle together as long as they meet the qualifying criteria. Eligible couples may combine earnings through a household income threshold of £25,142 per annum, while children under 18 may continue to settle with their parents
• Specific requirements have also been outlined with regards to refugees, and vulnerable groups

It is important to note all the eligibility criteria pertaining to the corresponding settlement pathway must be satisfied at the point of application.

Recommended Actions

The Earned Settlement framework provides greater clarity for employers and individuals on pathways to settlement. Questions around the practicalities, transitional arrangements, commencement and implementation dates remain, and should be addressed in further guidance issued by the Government. The key changes, for now, provide a solid starting point for proactive planning, whether you are an individual looking to understand how the proposals could affect your settlement journey, or a business seeking to futureproof your workforce and support your employees. Some key actions that we recommend include:

• Review employees on the pathway to settlement to determine who may be subject to the standard 10-year qualifying period, accelerated or prolonged pathway to settlement.
• Review workforce and sponsorship planning and undertake scenario based financial modelling.
• Operational risks relating to retention and recruitment strategies should be considered in light of the proposed changes.
• Communication strategies should be carefully considered and personalised definitive guidance and advice should be avoided until the detailed Immigration Rules and guidance have been published and reviewed.

It is recommended that employers and affected individuals consult with UK specialist immigration counsel once further 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].

Footnotes

[1] https://www.gov.uk/government/speeches/home-secretary-earned-settlement-statement
[2] A Fairer Pathway to Settlement: Government response to the consultation

This immigration update is for informational purposes only and 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 scenario.