‘Earned settlement’ is a proposed new framework for Indefinite Leave to Remain (ILR) in the UK. Under the current rules, most migrants on work and family routes can apply for ILR after 5 years of continuous lawful residence in the UK. The government’s proposal would remove automatic settlement after a fixed period. Instead, migrants would need to demonstrate sustained contribution and integration into UK society.
The key changes proposed under earned settlement include:
- The standard qualifying period for settlement will increase from 5 years to 10 years for most migrants
- Settlement must be ‘earned’. Applicants will need to show that they meet requirements across four core pillars: character, integration, contribution, and residence
- The qualifying period can be adjusted up or down depending on the applicant’s conduct, contribution, and compliance. For example, high earners may qualify in as little as 3 years, while those in lower-skilled roles may face a qualifying period of up to 15 years
- For the first time, the principles of earned settlement may also apply to dependant partners, not just main applicants. This may mean that adult dependants of an economic migrant will be separately determined based on their own attributes and circumstances.
It is important to note that earned settlement is currently only a proposal. It is not yet a confirmed immigration rule. The earned settlement consultation closed on 12 February 2026. The government will review all responses and plans to reflect the changes in the new Immigration Rules, which are expected to be published around April 2026.
Although it has been reported that the new ILR rules are expected to be implemented in Autumn 2026, there is no official timeframe confirmed yet. The exact implementation date will only be known once the new Statement of Changes to the Immigration Rules is published. It is also unclear whether there will be transitional arrangements; for example, whether the new earned settlement rules would apply to those who are already on 5-year routes to settlement at the time the changes come into force.
What are the earned settlement requirements?
The proposed earned settlement system is built on a ‘time adjustment’ model based on four core pillars. Every applicant for settlement must satisfy all four. The four pillars are:
- Character – The applicant must have a clean criminal record and meet suitability requirements. There must be no outstanding debts to the NHS, HMRC, or any other government department
- Integration – The applicant must demonstrate integration into British life, primarily through English language proficiency and knowledge of life in the UK
- Contribution – The applicant must show sustained economic contribution, demonstrated through National Insurance contributions linked to earnings above a minimum threshold, and
- Residence – The applicant must have maintained lawful continuous residence in the UK for the required qualifying period.
Below, we explain each pillar in more detail.
Character requirement
Under the proposed rules, the character requirement would be stricter than the current ILR rules. Applicants must have no criminal convictions that would make them unsuitable for settlement. The government has indicated that those with a prior history of criminality should not be able to settle in the UK.
In addition to having a clean criminal record, applicants must not have any outstanding debts to the NHS, HMRC, or any other government department. They must also not be subject to litigation debts. Any breach of immigration rules or conditions during their stay in the UK could also count against them.
Integration requirement
The integration requirement focuses on the applicant’s ability to participate in British life, which includes:
- English language – Applicants must demonstrate English language competency at CEFR Level B2 (equivalent to A-level standard). This is higher than the current B1 requirement for settlement on most routes.
- Life in the UK Test – Applicants must pass the Life in the UK Test, as is currently required.
- Applicants who can demonstrate English at an even higher level (C1 under the CEFR) may be able to reduce their qualifying period by 1 year.
Contribution requirement
The contribution requires applicants to show sustained economic contribution through earnings. Specifically, the applicant must have earned a taxable annual income above £12,570 for a minimum of 3 to 5 years before applying for ILR. The exact minimum duration is subject to consultation, but the earnings requirement itself has been confirmed.
This requirement will have a significant impact, particularly on non-working dependants who may not have their own income. It also means that those who have been out of work for extended periods, even for legitimate reasons, could face difficulties meeting this pillar.
Higher earners can benefit from reductions to the qualifying period. These are explained in the Residence requirement section below.
Residence requirement
As under the current rules, applicants will need to show they have maintained lawful continuous residence in the UK for the required qualifying period. However, the baseline qualifying period is proposed to increase from 5 years to 10 years. For migrants in roles below RQF Level 6 (sub-degree-level qualifications), such as care workers, the qualifying period may be extended to up to 15 years.
The qualifying period can be reduced or increased depending on the applicant’s circumstances. The table below sets out the proposed adjustments. Factors that may reduce the qualifying period include:
| Factor | ILR qualifying period adjustment |
| English language at the C1 level | Minus 1 year |
| Earned taxable income of £125,140 per year for 3 years | Minus 7 years (i.e. qualifying in 3 years) |
| Earned taxable income of £50,270 per year for 3 years | Minus 5 years (i.e. qualifying in 5 years) |
| Employed in a specified public service occupation for 5 years | Minus 5 years |
| Volunteered in the community | Minus 3 to 5 years |
| Partner/parent/child of a British citizen meeting core family requirements | Minus 5 years (not subject to consultation) |
| Applicants on the BN(O) route | Minus 5 years (not subject to consultation) |
Where the reduction is based on salary, the thresholds of £50,270 and £125,140 are linked to the current higher and additional rate tax bands. However, the government has indicated that these thresholds would not automatically track future tax changes, meaning they may become easier to meet over time as wages rise with inflation.
The qualifying period may also be increased. The government has proposed that migrants in roles below RQF Level 6 could face a qualifying period of up to 15 years. Criminal conduct, immigration non-compliance, or failure to meet the other pillar requirements could also extend the qualifying period or prevent settlement entirely.
Those already on routes that currently offer a 3-year path to settlement, such as the Global Talent visa and the Innovator Founder visa, are expected to continue benefiting from their accelerated timelines, subject to meeting the relevant conditions.
References:
GOV.UK: Earned settlement
