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What is earned settlement?

Written by
Danielle Cohen
Date of Publication:

On 20 November 2025, the government published, A Fairer Pathway to Settlement, setting out the planned changes to the settlement rules. The statement was accompanied by a consultation on the changes, which closed in February 2026. The government has not yet published its response to the consultation, which received over 200,000 responses.

Under the proposals, the existing settlement rules will be replaced by an "earned settlement" model. The standard qualifying period will increase from 5 to 10 years before people can apply for settlement, otherwise known as indefinite leave to remain.

The requirements of the new rules will be based around the four pillars of character, integration, contribution and residence in the UK.

What requirements will I need to meet?

The proposed mandatory requirements that all applicants will need to meet are:

  • The application must not fall for refusal under Part Suitability of the Immigration Rules, for example for having certain criminal convictions or having breached immigration law.
  • The applicant has no current litigation, NHS, tax or other government debt.
  • The level of English language required is increasing to level B2 of the Common European Framework of Reference for Languages.
  • The Applicant must pass the Life in the UK test.
  • The Applicant must have annual earnings above £12,570 for a minimum of 3 to 5 years, with the exact length of time subject to consultation

Will I have to wait 10 years before I can apply for indefinite leave to remain?

Not necessarily. Under the earned settlement proposals, the baseline 10-year qualifying period can be decreased for the following:

AttributeAdjustment to the 10-year qualifying period
Applicant has competency in English language at C1 Level under the Common European Framework of Reference for LanguagesMinus 1 year
Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlementMinus 7 years
Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlementMinus 5 years
Applicant has been employed in a specified public service occupation for 5 yearsMinus 5 years
Applicant has worked in the community (volunteering, etc)Minus 3-5 years
Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirementsMinus 5 years
Applicant holds a permission granted under the British National Overseas routeMinus 5 years
Applicant has 3 years continuous residence as the holder of a permission as a Global Talent worker or Innovator FounderMinus 7 years

However, for others, the baseline qualifying period will increase if any of the following apply:

AttributeAdjustment to the 10-year qualifying period
Applicant has been in receipt of public funds for less than 12 months during route to settlementPlus 5 years
Applicant has been in receipt of public funds for more than 12 months during route to settlementPlus 10 years
Applicant arrived in the UK illegallyPlus up to 20 years
Applicant entered the UK on a visit visaPlus up to 20 years
Applicant has overstayed a permission for 6 months or morePlus up to 20 years

All applicants will need to meet the mandatory requirements explained above. From a starting baseline of 10 years, the qualifying period may be decreased or indeed increased in line with the above.

What about the 10-year long residence route?

The existing 10-year long residence route will be abolished and replaced with the earned settlement model. In the proposals, the government has indicated that only routes which lead to settlement will count towards the qualifying period. This could mean that, for example, time spent as a student or a graduate will no longer count in the same way that it currently does under the 10-year long residence route.

When will the changes be introduced?

So far, only the change to the level of English language required has been introduced. From 26 March 2027, those applying for indefinite leave to remain will need to pass an English language test at level B2 of the Common European Framework of Reference for Languages.

In March this year, the Home Secretary stated in an interview with The Times that the earned settlement changes will be introduced in autumn this year. We are waiting for further details from the government about when the new system will be introduced and how exactly it will work.

I have status under the EU Settlement Scheme, will I be affected?

No, the government has stated that settled status under the EU Settlement Scheme (EUSS) is outside the scope of the earned settlement reforms.

What about people granted refugee status in the UK?

In a separate policy paper published in November 2025, Restoring Order and Control: A statement on the government's asylum and returns policy, the government announced its intention to introduce a new "core protection" route under which those granted refugee status would not be able to apply for settlement until they had lived in the UK for 20 years, accompanied by a new Protection Work and Study route which will offer a shorter route to settlement. The details of these new routes have not yet been announced.

Should I apply for indefinite leave to remain now?

Yes, if you are currently eligible. We still do not have the full details of when and how the earned settlement model will be introduced so those eligible under the current rules should consider applying now.

Are the citizenship rules also changing?

No, or at least not yet. In the Restoring Order and Control policy paper the government announced its intention to introduce reforms to British citizenship in line with the new earned settlement model. There have not been any further announcements regarding changes to the citizenship requirements.