The Earned Settlement proposal: What it means for you?

The UK government has proposed significant reforms to the way migrants qualify for Indefinite Leave to Remain (ILR), introducing a new “Earned Settlement” model that could substantially extend the time required to secure settlement in the UK. This FAQ explains what Earned Settlement is, how it may work in practice, who is likely to be affected, and what steps individuals should consider taking in light of the proposed changes.

Earned Settlement is part of the proposed reforms to the UK’s Indefinite Leave to Remain (ILR) system. Under the current system, most migrants can apply for settlement after five years of lawful residence. The new proposal would fundamentally change this by making settlement a “privilege” that must be earned through demonstrable contribution to the UK.

Instead of a standard five-year route, the proposal introduces a baseline qualifying period of 10 years, which may increase or decrease depending on a person’s:

• Income
• English language ability
• Criminal record
• Use of public funds
• Immigration history

Importantly, the government has indicated that these changes will apply retrospectively to anyone who is on a route to settlement but has not yet obtained ILR.

The 10-year baseline may be reduced for those who demonstrate higher economic contribution:

• Earnings of £50,270 may reduce the qualifying period to five years
• Earnings of £125,140 may reduce the qualifying period to three years
• Public service roles at qualification level 6 or above may reduce the period by up to five years
• Volunteering may reduce the period by three to five years

Only the single largest reduction will apply and they can’t be combined. That means if a person works a public service job which reduces the qualifying period by five years and they also volunteer which reduces the qualifying period by three years, only the five-year reduction from the public service job will apply.  

Certain factors will significantly extend the qualifying period:

• Use of public funds for under 12 months: +5 years
• Use of public funds for over 12 months: +10 years
• Illegal entry or overstaying: up to +20 years

The maximum potential qualifying period could therefore reach 30 years. As with reductions, only the single largest penalty will apply. If a person used public fund for less than 12 months, but has overstayed a visa in the past, only the +20 years penalty will apply.  

Health and Care Workers

The proposals explicitly target Health and Care Workers, introducing a 15-year baseline qualifying period as we have covered in an earlier article. Many who arrived from 2022 onwards would have qualified in 2027 under current rules. Under the new system, they may not qualify until at least 2037, and potentially later if penalties apply.

Family Members and Dependants

A major change is that dependants will be assessed independently rather than automatically qualifying alongside the main applicant.

For example:

• A dependant partner must meet the mandatory requirements separately.
• A main applicant may obtain settlement while their partner remains on temporary leave.
• Children may only qualify within a specified age window. If they are older than the proposed age cut-off, children may be required to meet the settlement requirements by themselves.

Exemptions may apply to certain groups, such as those on maternity leave or individuals with long-term illness or disability, but details remain unclear.

Refugees

Refugees face a proposed starting point of 20 years, though a 10-year work or study route may be available. Those on resettlement schemes (such as Syrian and Afghan humanitarian routes) are expected to retain a five-year qualifying period.

Long Residence Applicants

The 10-year Long Residence route will likely be absorbed into the earned settlement framework. Time spent on routes that do not lead directly to settlement, such as student or graduate visas, may no longer count.

Ten-Year Partner Route Applicants

Individuals on the 10-year partner route may face significant additional penalties if they have claimed benefits or overstayed.

EU Settlement Scheme

Applicants under the EU Settlement Scheme will not be affected. Pre-settled status holders will continue to move to settled status under existing arrangements.

Family Members of British Citizens

Those on the five-year partner route with British citizen sponsors are expected to remain largely unaffected. However, uncertainty remains for those sponsored by settled persons who are not British citizens.

Hong Kong BN(O) Route

Holders of the Hong Kong BN(O) visa are expected to receive a five-year reduction, allowing settlement after five years. It remains unclear whether enhanced English language requirements will apply.

High-Skilled Routes

High-skilled routes such as the Global Talent visa and Innovator Founder visa are expected to retain their three-year pathway to settlement.

Vulnerable Groups

The consultation references potential exclusions for:

• Bereaved partners
• Survivors of domestic violence
• Adults with long-term care needs
• Children who grew up in the UK without status

However, no guarantees have been provided, and inclusion within the earned settlement framework remains possible.

If changes are confirmed, they will be introduced through a Statement of Changes to the Immigration Rules laid before Parliament. The new rules are likely to come into force in stages, potentially from April 2026.

Ministers have suggested that some measures could be implemented more quickly than others. The exact timing will depend on how quickly the final policy details are agreed and translated into amended Immigration Rules.

Seraphus, alongside others across the immigration sector, submitted a detailed response to the consultationon the proposed model. In its role as convenor of the Civil Society EUSS Alliance, Seraphus also supported the Alliance in preparing and submitting a joint response reflecting the collective concerns of its members.

The government received approximately 130,000 responses to the consultation and is expected to publish a formal response explaining which proposals it intends to take forward.

Individuals who are currently eligible for settlement (particularly under the 10-year Long Residence route) should consider applying as soon as possible. 

At Seraphus, we are seeing a significant increase in enquiries from clients concerned about how these proposals may affect their future. If you are unsure about your eligibility or timeline, we recommend seeking legal advice to assess your position and protect your route to settlement.