The Government’s Earned Settlement Framework

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Hi and welcome to this latest immigration update. I'm recording this update on the 3rd of November 2026. Yesterday, on the 2nd of November 2026, the Secretary of State, Shabana Mahmood, gave a statement in Parliament outlining the government's final proposals on Earned Settlement.

Also on the same day, yesterday, was published the government's response to the consultation exercise in relation to Earned Settlement. I've shared my screen, and there's this 62-page PDF setting out the government's response.

So, what I'm going to do in this update is go through the government's response. I've gone through the PDF myself. I've highlighted the key paragraphs, and hopefully, as a result of watching this, you'll have a better understanding of the current state of the government's proposals in relation to Earned Settlement.

Remember, this is the response to the consultation setting out the government's framework. This is not yet the Immigration Rules. We do not have the changes to the Immigration Rules yet. So, let's start by going through the settlement response, and I'll stop and look at the highlighted sections.

In the description to this video, I've set out the link to Shabana Mahmood's statement in Parliament, also the link to this document. So, you'll see it's set out with an introduction, a summary, but eight main chapters. So, a lot to get through.

An introduction from Shabana Mahmood. I'll let you read that yourself if you're interested. But there's the introduction, now about the immigration white paper that came out in May 2025, then the consultation exercise that was launched in November 2025. And you'll see that there were more than 200,000 responses.

Have a look at the bottom of the page there. The minimum standards for settlement. All applicants seeking settlement will need to meet minimum mandatory requirements. These cannot be offset by higher earnings, public service or other positive contributions. So, these are the non-negotiables.

The applicant must demonstrate good character and suitability. The applicant must not have any outstanding government debt. Now, there's a footnote there. It's important. Some of the important detail is in the footnotes in this document.

Where an applicant has received asylum support and is required to repay these costs, they must have repaid the amount owed or be complying with an agreed repayment plan. And further details are set out in Chapter Seven, which is the refugee section.

Let's go to the top of the next page. The applicant must demonstrate strong English language ability. The applicant must be able to evidence that they've passed the Life in the UK Test. The applicant must demonstrate sustained contribution to the UK.

And then it says the time it takes to qualify for settlement. So, as set out in the Immigration White Paper, the starting point is the move to a 10-year period for settlement, with faster and slower paths which depend on these four key principles.

Four key principles. Firstly, character. The reformed system will reward those who play by the rules, while those who break our rules will be on a longer path to settlement or won't be able to settle at all. And that's set out in Chapter One, which we'll come to on character.

Secondly, contribution. The reformed system will reward individuals who've made a sustained and measurable contribution to the UK. This is covered in Chapter Two, so we'll have a look at that in a moment.

Thirdly, integration. The reformed system will ensure that applicants demonstrate meaningful engagement with British society, and that's in Chapter Three.

And then finally, residence. The reformed system will recognise lawful continuous residence on a qualifying route in the UK. But notice the change: individuals will not, however, qualify on the basis of residence alone. And that's set out in Chapter Four.

Just a bit about the consultation responses. 204,667 responses: 22,241 from individuals, 2,426 from organisations. 73% of the individual respondents were current visa holders, and 18% were British citizens.

So, let's have a look at the first chapter, the chapter on character, and I'm going to go to the government's response.

Criminality and specified debts owed to the state will therefore prevent settlement, while immigration breaches will extend the pathway to settlement.

Under Earned Settlement, the criminality requirement will be significantly strengthened. Any adult applicant with a criminal record in the UK will be refused settlement. And it sets out there in the next paragraph. I've not highlighted what is a criminal record, but I've highlighted the section on overseas convictions because overseas convictions will also lead to refusal where the underlying conduct would constitute a criminal offence in the UK.

However, discretion will be retained to take account of differences between legal systems, including where the conduct is criminalised overseas but would not constitute an offence in the United Kingdom.

That's criminality. Then, what about no government debt? Under Earned Settlement, this requirement will be significantly strengthened and expanded. Applicants will be required to have no outstanding government debt before they can settle. This will include NHS debt, tax debt, including unpaid tax and National Insurance contributions, and litigation debt owed to the Home Office. That's sort of like costs in judicial review proceedings.

And again, look at the footnote. Where an applicant has received asylum support and is required to repay those costs, they must have repaid the amount owed or be complying with an agreed repayment plan.

And then thirdly, under this section, what about immigration breaches? Under Earned Settlement, specified immigration breaches committed as an adult, so note that there, as an adult, will place an applicant from the 10-year route onto a 20-year pathway to settlement, regardless of higher earnings or other positive contributions.

And I said as an adult. Look at the final paragraph I've highlighted on that page.

We recognise that children may lack autonomy in determining their immigration status. As such, this requirement will only apply to individuals who are adults aged 18 or over when they enter illegally, commence or commit a qualifying immigration breach.

So, Chapter Two. Let's move to contribution.

Those seeking settlement will need to demonstrate a minimum level of economic contribution, while those making a greater economic contribution may qualify sooner. And they say this: we've listened to concerns that salary alone does not capture every form of contribution. The final framework will therefore recognise contribution through earnings, qualifying public service, family contribution and specified British connections.

Let's first look at earnings. Under Earned Settlement, applicants will need to demonstrate a minimum level of economic contribution. Applicants must meet a threshold of £12,571 a year for at least three years, and that's aligned to the basic rate of income tax.

But, as they've said, higher earnings can lead to faster settlement. So, three years for the highest economic contributors, and they've got to have earned at least £125,141, in line with the additional rate of income tax. So, if you earn at the additional rate, you can qualify for settlement in three years.

If you earn at the higher rate of £50,271, look at the second bullet point, you can qualify after five years. And then the default 10 years for those making a sustained contribution of £12,571.

Exemptions will apply where it would be inappropriate to require someone to demonstrate a minimum income requirement of £12,571. This will include children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition.

And then there's a section on how this will be assessed. So they're going to assess it over an extended period, and you can rely on certain years. So, look at the first bullet point. For the three-year pathway, applicants must meet the £125,141 earnings threshold in three of the four years immediately before applying for settlement. This means that one of those four years can be below the threshold. So, there's some leeway there.

What about on the five-year path? Those on the five-year pathway must meet the £50,271 earnings threshold in three of the five years immediately before applying for settlement. So, two years can be below that threshold.

For the 10-year pathway, applicants must meet the £12,571 earnings threshold in five of the seven years immediately before applying for settlement. This means that two of those seven years can be below the threshold, and they give an example.

What about those in public service? Those eligible health and education occupations. I've highlighted at the bottom of page 12. Under Earned Settlement, eligible workers in specified health and education occupations, for instance doctors, nurses and teachers, will be able to qualify for settlement after five years, provided they meet the other settlement requirements. The qualifying occupations will be those health and education public sector roles that are already identified in the Immigration Rules as being paid according to national pay scales.

And then thirdly, household income. Having considered the consultation responses, this is the highlighted section on page 13. Under Earned Settlement, eligible couples will be able to combine their earnings to meet the minimum economic contribution requirement. The household income threshold will be £25,142.

So, that's twice the individual minimum income requirement, so two times £12,571. It will remain set at twice the individual rate and will therefore change in line with any future changes to the National Insurance threshold. So both partners there, and it gives an example, can combine their income where one may earn more than the other.

Then there's a section on British connection. Under the current rules, specified family and ancestry routes recognise a strong connection to the UK through their existing settlement arrangements. This includes partners and parents of British citizens, people on the UK Ancestry route, and other specified cohorts.

And here we are under page 14, and I've already been asked a question about this yesterday. Under Earned Settlement, recognised British connections will continue to qualify for a five-year pathway, provided the applicant meets the relevant route and mandatory settlement requirements. This reflects the strength and permanence of those connections while maintaining clear minimum standards for settlement.

A recognised British connection will include eligible partners, parents and children of British citizens. And I've said this before: note that that says British citizens, not those settled here, and Commonwealth citizens who qualify through the UK Ancestry route on the basis of having a UK-born grandparent.

What about public funds and accessing public funds? How does that impact things? Well, under Earned Settlement, page 14, applicants seeking to qualify through the three-, five- or 10-year pathways will be expected not to have accessed specified public funds during the five years immediately before applying for settlement.

Alternatively, if they continue to access public funds, they will have to complete 20 years on a qualifying route before being eligible for settlement, provided they meet the other mandatory requirements.

Then, on page 15, there's a section on volunteering. You'll remember in the White Paper there was a proposal about reducing the period to settlement through volunteering. Well, the government will now not use volunteering to reduce settlement periods under the new Earned Settlement model. So all those people who've taken up volunteering in the last year or so since the White Paper, that is not now going to be used as something to reduce the period for Earned Settlement.

Then some examples are given of a public sector worker, how a British connection or a combined income or access to public funds would affect a period. So, in the box there on page 15, there are examples of how this works out in practice.

Then Chapter Three. What about integration? Well, the government has decided, at the bottom of page 16, that integration will be assessed through English language ability and knowledge of life in the UK. These requirements are well understood, capable of consistent application and provide clear expectations for applicants.

So, under Earned Settlement, at the top of page 17, B2 will be the standard English requirement for settlement, subject to the existing exemptions for children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition.

Now, there was another proposal in the White Paper about having C1 level of English giving a reduction of the qualifying period, but they've said now C1 English will not provide a further reduction in the qualifying period for applicants.

So, you know now, if you're going to qualify for settlement in the future, that you need to aim for B2. That's something to start working on now, start encouraging your clients to be working on that now.

Knowledge of life in the UK. Under Earned Settlement, the Life in the UK Test requirement will continue with the existing exemptions. The government is also reviewing the test to ensure that it better reflects life in modern Britain.

What about residence?

Under Earned Settlement, the long residence route will close. So, the long residence route is closing. Time spent on temporary routes will no longer build towards settlement simply because an individual subsequently reaches 10 years of lawful residence. Only time spent on specified routes intended to support long-term residence will count towards settlement.

So, on page 19 of the document, there are bullet points that set out the routes that will count towards settlement. So that's longer-term work, talent and family routes, and they're going to be referred to as core permission.

Now again, this is one of those ones where you need to look at the footnotes. So, core permission refers to a person granted leave in one of the following routes: Tier 2 Minister of Religion, Skilled Worker, UK Ancestry, Global Talent, Scale-up, Innovator Founder, International Sportsperson, Family Partner, Family Partner, Parent (excluding Article 8 cases), Stateless Person.

And then it says this, going back to the bullet point: specified talent and innovation routes referred to as the high talent group. So, what's high talent permission? Footnote 10: permission granted in one of the following: Skilled Worker, Global Talent, Scale-up, Innovator Founder, International Sportsperson.

Have a look at the further explanation in footnote 10 there on page 19.

Then the third bullet point: family and private life. Fourth, core protection, work and study. We'll come to that with the refugee section in a minute. Core protection again, on the refugee section, and safe and legal routes.

Which routes will not count towards settlement? Now, this is important. Page 20. Under Earned Settlement, time spent on temporary routes will not count towards the qualifying residence period for settlement. These routes were established for specific temporary purposes and were not intended to provide a pathway to permanent residence in the United Kingdom.

So, the routes are again bullet-pointed. These are the routes that will not count towards settlement: Visit, Student, Global Business Mobility, Temporary Worker routes, Youth Mobility, Seasonal Worker, Overseas Domestic Worker, Graduate and High Potential Individual, all of the Ukraine scheme routes.

But look at the last bullet point: leave outside the rules. That's significant. And again, it's one of those ones where footnotes matter. So, footnote 12 says this: the government recognises that some individuals have been granted leave outside the Immigration Rules and that it may not always be clear whether this was intended to provide a pathway to settlement. We will give further consideration to the treatment of this cohort and set out our approach in due course.

So, sort of put some question marks by that final bullet point to see what happens, because that's important: whether leave outside the rules will count towards settlement.

What about combining time on different routes? Under Earned Settlement, time spent on protection or human rights routes, so the examples they give are refugees or Article 8, will not be able to be combined with time spent on work or family routes to meet the qualifying residence period. Where someone moves between these routes, the qualifying period for the new settlement pathway will start when they move onto it.

So, you're back to zero effectively when you move from an Article 8 route onto another route, for example.

Which routes are outside of the Earned Settlement framework? Well, look at the bottom of page 21. There are the existing government commitments. That's the Hong Kong BN(O) route, the Afghan schemes, the legacy and safe legal routes, and Windrush.

They also recognise groups of particular vulnerability. So, bereaved partners who can apply for settlement immediately; unaccompanied asylum-seeking children after five years; children in local authority care, with bespoke arrangements there; children and young adults with insecure immigration status who've grown up in the United Kingdom. So, there they stay on their five-year route. And victims of domestic abuse will be able to apply immediately.

Then you've got some statutory and legacy arrangements, such as the EU Settlement Scheme, Turkish business people, etc.

What about dependants? Well, having considered the consultation responses, this is at the top of page 25. Under Earned Settlement, a partner who arrives with the principal applicant will continue to be able to settle at the same time, provided they meet the relevant requirements. A partner who joins later will need to complete the same qualifying residence period before settling.

What about dependants under 18? Child dependants under Earned Settlement. Children under 18 will continue to be able to settle with their parents. They will be exempt from the income, government debt, English language and Life in the UK Test requirements, but will remain subject to the relevant suitability and criminality requirements.

Children who spent seven years or the majority of their life in the UK will remain on their existing arrangements.

What about dependants between the age of 18 and 24? Well, under Earned Settlement, young adults aged 18 to 24 who retain child dependant status will continue to be able to settle alongside their family. They will be expected to meet the adult mandatory requirements but will not need to meet the individual income/earnings requirements.

Then what about independent settlement at age 25? Under Earned Settlement, someone who is aged 25 or over when their family becomes eligible for settlement will be expected to qualify independently or move on to an appropriate immigration route in their own right. The age of 25 reflects the existing threshold for young people under the Skilled Worker routes.

And on page 27, there are some examples given which, if you're struggling to understand any of that, work through those examples and that will help you with that.

What about vulnerable groups? Well, we've already hinted at that. So, the final framework will therefore retain appropriate exemptions. This is at the top of page 29. From individual requirements and separate arrangements for a small number of defined groups. This ensures that Earned Settlement remains robust while recognising circumstances which are genuinely outside an individual's control.

Where appropriate, they will still need to meet strengthened minimum standards that will generally apply to settlement, including criminality and English language, with existing exemptions and appropriate safeguards continuing to apply.

What about age and disability exemptions? Well, under Earned Settlement, these existing exemptions will continue. Applicants will continue to be exempt from English language and Life in the UK requirements where the relevant age, physical or mental condition exemption applies.

There's also reference here to maternity leave, caring responsibilities and long-term illnesses, and applicants will be able to benefit from a best-years approach within Earned Settlement. For more on that, have a look at the bottom of page 29.

And then there are a smaller number of groups with individual separate settlement arrangements, such as bereaved partners, vulnerable children and young people, and victims of domestic abuse. We've gone through that already, but have a look at page 30.

Importantly then, what about refugees? Well, refugees, page 33, admitted through designated safe and legal routes will qualify for settlement after five years.

For settlement purposes, designated safe and legal routes will include the UK Resettlement Scheme and specified resettlement and sponsorship routes.

However, I've highlighted this: entering the UK legally on another immigration route and subsequently claiming asylum will not place someone on a five-year pathway.

Refugees admitted through designated safe and legal routes will be exempt from the requirement not to have accessed public funds during the five years before settlement. Those admitted through UK resettlement schemes will also be required to demonstrate English at A2, that's the basic level rather than B2, which is A-level equivalent, reflecting the particular vulnerability of that cohort and their shorter pathway.

What about refugees who claim asylum in the UK? Well, the normal pathway to settlement from core protection will be 20 years.

However, page 34, refugees will be able to earn a shorter pathway by moving into sustained work, education and training. Those who do so will be able to move on to Protection, Work and Study and may qualify for settlement after 10 years on that route, provided they meet the relevant requirements.

So, I said on that route. Look at the next paragraph on page 34. The 10-year qualifying period will begin when the individual moves onto Protection, Work and Study. Time previously spent on core protection will not count towards that period.

So, if you've already done 10 years on core protection, there's sort of no incentive then to switch.

For those who receive protection status before the introduction of Protection, Work and Study, we will set out further detail on whether and how time already spent in the UK will apply.

What about illegal entry? Having considered the responses, the government has decided that anyone who enters the UK illegally will ordinarily face an additional 10 years' waiting period before they become eligible for settlement, regardless of the immigration route on which they seek to settle.

This means that someone who enters illegally and later moves on to Protection, Work and Study will face a 20-year pathway, while someone who enters illegally and does not enter Work and Study will face a 30-year pathway.

So, there is an incentive there for those who've entered illegally and become refugees to switch onto Protection, Work and Study, because it's 20 years rather than 30 years.

What about requirements for settlement for refugees? Page 35. Refugees will generally be expected to meet the same requirements as other applicants seeking settlement, including requirements relating to contribution, English language, knowledge of life in the UK, criminality and use of public funds. Targeted adaptations will apply to reflect the circumstances of particular protection cohorts.

And I did miss out the top of page 35: the additional 10 years won't apply to those who have the Article 31 defence in the Refugee Convention. So, just be aware of that.

What about the transitional arrangements and existing care workers? Page 38. The final framework is simpler than the model originally consulted on, provides strong protections for vulnerable groups, places greater emphasis on family unity, and recognises a wide range of contributions to the United Kingdom.

Workers in occupations below RQF6 will no longer face the 15-year pathway proposed in the consultation. They will instead qualify through the 10-year pathway, where they meet the strengthened minimum requirements, with opportunities to qualify sooner where they demonstrate the contribution requirement for the accelerated pathway.

Existing exemptions and appropriate safeguards will continue to apply.

And what about care workers? There's a specific carve-out in relation to care workers. The government has concluded that care workers already living and working in the UK represent a unique cohort.

And then there's a recognition there that between 2022 and 2024, overseas care workers met a particular need. But there's also a paragraph that recognises the abuse by rogue sponsors in this area.

So, the bottom of page 38 says this. The government has therefore decided to introduce a targeted one-off transitional arrangement for care workers who entered or switched into the route. And here's the key date: before publication of the Immigration White Paper in May 2025.

The White Paper publicly announced the government's intention to move the standard pathway to settlement from five years to 10 years. Its publication therefore provides a clear and transparent cut-off period after which new applicants would have been aware of the intended change in the settlement policy.

So, what does it say? Bottom of page 38. Care workers who entered or switched into the route before publication of the Immigration White Paper in May 2025 will retain the existing five-year qualifying period for settlement where they meet the applicable salary, sponsorship and employment requirements.

They will also need to meet the strengthened minimum requirements that will apply generally under settlement, including on criminality and English language, unless an exemption applies.

They also say that they're going to give a second opportunity to meet those requirements. Those who do not qualify for settlement after five years will be able to apply for a further five-year Health and Care visa, restricted to genuine work in the sector. This will give them additional time to meet the requirements before applying for settlement. Again, they will continue to have no recourse to public funds on that further visa.

Another important carve-out then on page 39. Given the exceptional levels of sponsor abuse and failure experienced on the care route, care workers who are employed by sponsors whose licence has been revoked will also be given longer than other sponsored workers to secure new employment and regularise their immigration status from 1 February 2027.

Care workers who have lost their employment due to the sponsor's licence being removed will have 120 days to get a secure job offer and then a further 60 days to resolve their visa and employment status.

If they're not able to secure a job offer within 120 days or resolve their employment status within 180 days, we will curtail their visa and the individual will need to leave the UK.

So, a big increase there from the current 60-day policy.

What about public service for those in health and education? Workers in health and education occupations below RQF6 that are on a national pay scale for the purposes of the Immigration Rules, such as nursing auxiliaries and teaching assistants, will retain a five-year route to settlement if they came to the UK before the May 2025 White Paper publication and meet the requirements of their visa.

And then the pre-April 2024 cohort, but with the qualifying period for settlement extended to 10 years for workers enrolled below RQF6 and who are not subject to other exemptions. We will provide a transitional arrangement for this cohort so they can extend their visa on the current terms until 2035.

And again, examples are given in the box, so you can work that through.

We're nearly at our end. Thank you for sticking with it. So, we've got some summary tables at the end.

So, in terms of pathways to settlement, we've got the three years for exceptional economic contribution. You've either got to have earned £125,141 for three years or three of the last four years, or qualify through the highest talent group. You must not have accessed public funds in the last five years or committed a qualifying immigration breach.

Then you've got the five-year group. So, that's strong contribution to the UK economy. That's £50,271 for three of the last five years. Or you've got to have worked in an eligible public service occupation for five years, or you've got to have that British connection. So, that's the partner, parents of British citizens or the UK Ancestry route.

And you must meet all the mandatory requirements. Mustn't have accessed public funds in the last five years or committed a qualifying immigration breach in the last 10 years.

Starting point for anyone playing by the rules and making a contribution to the UK is this 10-year baseline: £12,571 for five of the previous seven years, meeting all the mandatory requirements, must not have accessed public funds in the last five years, must not have committed a qualifying immigration breach.

Otherwise, 20 years for people whose immigration non-compliance or access to public funds prevents them from qualifying on an earlier pathway. Must have earned £12,571 for five of the previous seven years, meet all the mandatory requirements, and there are no other must-nots.

And then finally, refugees' pathway to settlement. Safe and legal routes, so these resettlement schemes, after five years.

Protection, Work and Study: 10 years on this route, and they must be in sustained education or training; if working, earn at least £12,571 a year for three years; have B2; pass the Life in the UK Test; if required to repay asylum support costs, repay them or keep up with an agreed payment plan; have not entered the United Kingdom illegally.

Core protection at 20 years, and settled must have B2, pass the Life in the UK Test alongside their other mandatory requirements. If required to repay an asylum support cost, repay them or keep up with an agreed repayment plan. Have not entered the UK illegally.

Then Protection, Work and Study following illegal entry. So, that's where you get the 10 years on the Protection, Work and Study route plus an additional 10 years, and then core protection following illegal entry. That's the 30 years.

And for both of them, these additional periods do not apply where Article 31 of the Refugee Convention applies.

That takes us up to page 44. And after that, we have the technical annexes.

I'm sorry for the length of this video, but I thought it was important to highlight and go through the key paragraphs. The danger is just to rely on AI summaries these days, but not to go down into the detail of what the government's proposals are and this sort of final framework that has been put forward after the consultation.

Remember, these are not the Immigration Rules, and we have not seen yet, or had a date for, when those Immigration Rules are going to be laid, when they're going to come into force, and any transitional arrangements in relation to them.

But I hope that's been helpful to you today. I'll obviously provide more updates as we get more information and get new rules. I'll also share those through the usual channels.

Thank you so much for watching. I hope this has been helpful to you.