Key Takeaways
- Earned settlement is a proposed reform, not yet law. The current five-year route to indefinite leave to remain remains fully in force.
- The plan would make ten years the standard qualifying period for settlement, with faster routes for higher earners and longer waits for some.
- The consultation closed in February 2026 and the government has said it intends to proceed, with autumn 2026 a possible target, though no rules have been laid yet.
- As drafted, the changes could affect people already in the UK who have not yet been granted settlement, though transitional arrangements are still being decided.
If you are working towards settlement in the UK, you have probably seen the headlines about a ten-year wait. It is worth being clear from the start. Nothing has changed yet, and the five-year route still applies, but this could change.
Earned settlement is the government’s proposed overhaul of how people qualify for indefinite leave to remain. The idea is to move away from settlement being granted automatically after a fixed period, towards a system where you earn it through contribution, good conduct and integration. The headline is a ten-year baseline, double the current standard.
This guide explains what earned settlement would involve, who it could affect, where things actually stand and what you can sensibly do while the picture is still unclear, so you can plan around the uncertainty rather than panic about a rule that is not yet in force.
And if your plans hinge on the outcome, our UK immigration solicitors offer a free 30-minute consultation to help you think it through.
What is earned settlement?
Settlement, also called indefinite leave to remain or ILR, is the right to live in the UK permanently without immigration restrictions, and it is usually the step before British citizenship. We set out what it gives you in our guide to the benefits of indefinite leave to remain.
At the moment, many people on work and some family routes can apply for settlement after five years of continuous lawful residence. Earned settlement, set out in the May 2025 Immigration White Paper and the November 2025 Command Paper, A Fairer Pathway to Settlement, proposes that settlement would no longer be granted automatically after a fixed period. Instead, you would have to show sustained contribution, compliance with immigration law and integration.
The proposed ten-year baseline
The centrepiece is that the standard qualifying period would double from five years to ten for most migrants. We look at this in more detail in our guide on the new ten-year settlement rule. Importantly, this would be a baseline rather than a fixed term, and the proposals allow it to move in either direction.
What could shorten or lengthen the wait?
Under the model in the consultation, contribution could bring the period down, while certain conduct could push it out. The figures below are illustrative examples from the consultation, not settled rules:
- Higher earners could settle sooner. The consultation suggests those earning around £50,270 or more might qualify after five years, and very high earners on around £125,140 for three years could settle after just three.
- Public service workers and people who show strong integration could also see a reduced period.
- Using public funds could add to the wait, with the consultation floating an extra five years for less than twelve months of use and ten years for longer.
- Immigration breaches could extend the period much further, up to twenty or even thirty years in the most serious cases.
The consultation also floats a longer fifteen-year baseline for some medium and lower-skilled roles, which would include many care workers. None of this is fixed, and the trade-off between factors that shorten and lengthen the period is still being worked out.
New conditions beyond time
Alongside the longer clock, the proposed minimum criteria for settlement would include a higher English standard at level B2 rather than B1, the Life in the UK test, a minimum earnings and tax contribution that the consultation put at around £12,570 a year for three to five years, no disqualifying criminal conviction, and financial responsibility such as no significant debt. There would be exemptions from the earnings test for situations such as maternity leave or long-term illness or disability.
The consultation also raises attaching a no recourse to public funds condition to ILR itself, which would mean full access to benefits only comes with British citizenship. Separately from all of this, one linked change is already confirmed: the English requirement for a number of settlement routes rises to B2 from 26 March 2027.
Who would be affected?
The reform would touch most people on routes to settlement, including skilled workers, many family visa holders and people moving from student or graduate routes into work. Skilled workers are a particularly large group, and our guide on how long a Skilled Worker visa lasts explains the current five-year path. Some groups would keep shorter or unchanged routes:
- The EU Settlement Scheme is unaffected, so settled and pre-settled status for EU citizens stays as it is. Our guide on settled status and indefinite leave to remain explains the difference.
- Refugees granted five years of leave following an asylum claim by 1 March 2026 keep their five-year route to settlement.
The proposals would also fold the existing standalone ten-year long residence route into the new model rather than keeping it separate.
Would it apply to people already in the UK?
This is the most contentious point. As drafted, the consultation proposed applying the changes to everyone in the country today who has not already been granted settlement. That would catch people part-way through a five-year route, not only new arrivals.
Whether there will be transitional arrangements to protect those already on a pathway is still under consultation, and no firm assurances have been given. The one protection that is clear is that once settlement has been granted, it cannot be taken away.
Where do things actually stand?
This is the part that matters most for planning. Earned settlement is not law, and the timeline so far looks like this:
- The proposals come from the May 2025 Immigration White Paper and the November 2025 Command Paper, A Fairer Pathway to Settlement.
- The public consultation ran from 20 November 2025 to 12 February 2026 and drew well over a hundred thousand responses.
- The government has confirmed it intends to proceed, with autumn 2026 mentioned as a possible target, but no consultation outcome has been published and no draft Immigration Rules have been laid before Parliament.
- Until new rules are laid and brought into force, the current five-year route remains fully in force.
You can read the proposal in full on the GOV.UK earned settlement consultation page, and there is a balanced summary in the House of Commons Library briefing. The current settlement rules are also still the ones that apply today. Any new system is expected to be brought in gradually, with different start dates for different routes.
What can you do now?
The sensible response is to prepare without panicking. Keep accurate records of your employment, tax, residence and any time spent outside the UK, and make sure your lawful status never lapses. Watch your continuous residence carefully, including the limits on absences, because that requirement is not going away under any version of the rules.
If you are close to the current five-year point, it is worth taking advice on timing. If you are an employer, factor the possibility of longer routes into your workforce and sponsorship planning. What you should not do is make rushed, costly decisions based on a rule that is not yet in force.
Speak to a UK immigration solicitor about your route to settlement
Earned settlement is still taking shape, and the uncertainty is the hardest part for anyone planning a long-term future here. Knowing how your particular route is likely to be affected, and getting your timing right, can make a real difference to when and how you settle.
At Osbourne Pinner, our UK immigration solicitors advise individuals and employers on settlement planning, from the current five-year route to how the proposed changes might apply. We will keep you informed as the rules develop and help you make decisions based on the facts rather than the headlines.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
