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Earned settlement: what is proposed vs the rules now

Earned settlement is a proposal in a Home Office consultation that opened on 20 November 2025 and had a closing date of 13 February 2026. It is not in the Immigration Rules. The rules read on 10 October 2026 still set 5 years for Skilled Worker settlement and 3 or 5 years for Global Talent, and 3 years for Innovator Founder.

"Earned settlement" is the name the Home Office gives to a proposed change to how people qualify for indefinite leave to remain (ILR), the UK's settled status. It is a proposal published for consultation. It is not law, and it is not part of the Immigration Rules. This guide has one job: to keep the proposal and the rules apart. It sets out what the consultation paper actually proposes, using the paper's own figures and wording where it can, the dates GOV.UK publishes for it, and what the Immigration Rules say now on the routes people most often ask about.

Nothing here predicts what the government will decide, when, or how any decision would apply to someone already in the UK. The paper itself says the government "will set out its preferred option, or combination of options" after the consultation, and that is the only forward statement this guide repeats. Everything else is either a proposal described as a proposal, or a rule described as a rule, as read on 10 October 2026.

It describes information and does not say what any person should do. If your own plans depend on how settlement works, that is a question for a regulated adviser.

Where the proposal stands, with the dates GOV.UK publishes

The proposal sits on one GOV.UK page, titled "Earned settlement", and in a linked paper titled "A Fairer Pathway to Settlement: statement and accompanying consultation on earned settlement". These are the dates and statuses shown there:

  • Opened: 20 November 2025 (the page's opening date and first-published date).
  • Closing date: 13 February 2026. The paper says the consultation "will run for 12 weeks". GOV.UK now lists the page as a closed consultation.
  • Page history: the page's change history has two entries: first published on 20 November 2025, and an accessible version of the consultation document added on 28 November 2025.
  • Response: the paper says: "A paper summarising the responses to this consultation, alongside economic and equality impact assessments, will be published in due course." No date is given in the paper.
  • Background: the paper's description of the policy refers to the 2025 UK Immigration White Paper, "Restoring Control over the Immigration System". The explanatory memorandum to the March 2026 Statement of Changes (HC 1691) dates that White Paper to May 2025.
  • Rules: the explanatory memoranda to the Statements of Changes HC 1691 (5 March 2026), HC 259 (9 July 2026) and HC 584 (3 September 2026) do not mention earned settlement, and the Immigration Rules appendices updated up to 8 October 2026 still carry the existing qualifying periods, set out below.

The consultation page's own summary says: "Settlement will no longer be granted automatically after a fixed period. Instead, migrants will need to earn it by demonstrating sustained good conduct, contribution and integration." That sentence states the policy intention. It does not change a rule. Immigration Rules change by Statement of Changes, and an Act has to be amended by primary legislation. The paper itself says that changes to citizenship would need primary legislation to amend the British Nationality Act 1981.

What the paper proposes: the model

The paper says its working assumption is a "time adjustment" model: a baseline qualifying period that is adjustable upwards or downwards depending on the individual circumstances of the case. As the paper presents it, four pillars sit under the model:

  • Character. Core requirements about character and conduct, including criminal record, compliance with immigration requirements and the public good, would be mandatory and could not be traded against other considerations. The paper says: "Our expectation is that you should not be able to settle with a criminal record." It adds that a review of criminality thresholds across all routes is planned, with revised thresholds to be set out later.
  • Integration. Applicants would have to show meaningful engagement with British society.
  • Contribution. Sustained and measurable economic contribution would earn a faster route; the paper's view is that earnings are the way to measure it objectively.
  • Residence. Lawful continuous residence would be recognised, but "Individuals will not, however, normally qualify on the basis of residence alone."

The headline figure is the baseline. The paper says: "The default qualifying period for settlement will be increased from the current 5 years to 10 years, with exceptions for certain groups or individuals." In the paper's structure the baseline is where a case starts, and adjustments move it.

The paper also lists options it says it is consulting on to reduce forecast settlement volumes: increasing the baseline qualifying period for settlement to 10 years; increasing it to 15 years for people on the Skilled Worker route in a role below RQF level 6 (equivalent to a bachelor's degree); and implementing a No Recourse to Public Funds (NRPF) condition at settlement. It says that after the consultation the government will set out its preferred option or combination.

What the paper proposes: the minimum requirements

The paper's Table 1 sets out minimum requirements every settlement applicant would have to meet. The paper says it is not consulting on whether these should be in the model, apart from the contribution item, where it asks how long the earnings requirement should apply. As proposed:

  • Suitability: meeting the suitability requirements of Part Suitability of the Immigration Rules (for example, not having a criminal conviction), with no current litigation, NHS, tax or other government debt.
  • Integration: English at B2 on the Common European Framework of Reference for Languages, and having passed the Life in the UK Test.
  • Contribution: annual earnings above £12,570 for a minimum of 3 to 5 years (the paper marks the length as subject to consultation), in line with the current thresholds for paying income tax and National Insurance contributions, or an alternative amount of income.

Two of these have something in common with rules already in force: the Life in the UK Test is part of settlement now, and B2 English for settlement is already written into several appendices for applications from 26 March 2027 (see below). The earnings requirement and the debt requirement as the paper describes them are proposals.

What the paper proposes: reductions and increases

The paper's Tables 2 and 3 list considerations that would shorten or lengthen the baseline. It says that where more than one consideration in the same table applies only the one with the largest effect would be used, but that one from each table would be combined. It says all measures in the tables are subject to consultation, except the reductions for dependants of British citizens and for British Nationals (Overseas).

Proposed reductions (Table 2) - English at C1: minus 1 year. - Taxable income of £125,140 for the 3 years immediately before applying: minus 7 years. - Taxable income of £50,270 for the 3 years immediately before applying: minus 5 years. - Five years in a specified public service occupation: minus 5 years. The text says it envisages this applying only to skilled occupations at RQF level 6 or above. - Community work such as volunteering: minus 3 to 5 years. - Holding permission as the parent, partner or child of a British citizen and meeting core family requirements: minus 5 years (not subject to consultation). - Holding permission under the British National (Overseas) route: minus 5 years (not subject to consultation). - Three years' continuous residence as a Global Talent worker or Innovator Founder: minus 7 years. - A reduction for specific and vulnerable groups, which is subject to consultation.

The paper explains the income thresholds as the current higher-rate and additional-rate income tax thresholds, and says the proposal is not that they would track future changes to the tax system.

Proposed increases (Table 3) - Public funds received for less than 12 months during the route to settlement: plus 5 years. - Public funds received for more than 12 months: plus 10 years. - Arriving in the UK illegally, for example by small boat or clandestinely: plus up to 20 years. - Entering the UK on a visit visa: plus up to 20 years. - Overstaying a permission for 6 months or more: plus up to 20 years.

The paper gives its own worked example of how the two tables combine: an applicant who had received public funds for less than 12 months but meets the C1 English consideration would have an upward adjustment of 5 years and a downward adjustment of 1 year, a net upward adjustment of 4 years, and a total qualifying period of 14 years. It says a person who entered illegally "could have a route to settlement as high as 30 years".

What the paper proposes for particular groups

The paper treats several groups separately. These are its proposals and statements, not rules.

  • Refugees and protection. It says a starting point of 20 years would be introduced for people recognised as refugees, with reductions earnable, and that resettled refugees are intended to start at 10 years. The guide on legal aid for immigration covers help with protection claims through legal aid, and a separate rule change on the length of protection leave is described below.
  • Global Talent and Innovator Founder. The paper proposes a reduction of up to 7 years for 3 years' continuous residence, and says it is therefore expected that most holders should continue to benefit from an accelerated route after 3 years, subject to the mandatory requirements. It consults on whether family members of this group should get a 5-year reduction.
  • Family of British citizens and BN(O) holders. The paper says these groups would be able to settle after 5 years, as now, subject to the mandatory requirements.
  • Long residence. The paper says there would no longer be a separate long residence route, because its purpose would be superseded by the adjustable baseline.
  • Dependants and children. It expects the qualifying period for adult dependants of economic migrants to be determined separately by their own attributes and circumstances, so that it may be shorter or longer than the main applicant's. It says children who were under 18 when first given permission as dependants should continue to have a window in which they can be granted settlement at the same time as their parents, with an age-linked cut-off to be developed.
  • Vulnerable groups, Armed Forces. The paper says existing arrangements for adult dependent relatives needing long-term care, domestic abuse victims, resettlement schemes and bereaved partners will continue, and asks how to tailor the model for them. It says it is not proposing a different pathway for HM Armed Forces members and their families from the one they have today.
  • Out of scope. The paper says settled status under the EU Settlement Scheme, Windrush Scheme settlement and people who already hold settled status are out of scope.
  • Transitional arrangements. The paper says that without transitional arrangements, earned settlement would affect people already in the system who are not settled when the relevant rules come into force, and it asks whether there should be transitional arrangements for those already on a pathway to settlement.
  • Citizenship. The paper says reforms to citizenship would build on any changes to settlement, and would need primary legislation.

What the Immigration Rules say now

These are the current rules on the routes most often asked about, as read on 10 October 2026.

  • Skilled Worker. Rule SW 21.1 of Appendix Skilled Worker (updated 8 October 2026) requires a continuous period of 5 years in the UK, on any of, or any combination of, the routes listed in SW 21.2. GOV.UK's Skilled Worker ILR page also describes 5 years.
  • Global Talent. Rule GT 11.1 requires a continuous 3 years for those endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI, those endorsed under the exceptional talent criteria by Arts Council England or Tech Nation, and those granted permission using a listed prize. Rule GT 11.2 requires 5 years for those endorsed under the exceptional promise criteria by Arts Council England or Tech Nation.
  • Innovator Founder. Rule INNF 18.1 requires at least 3 years in the UK with permission as an Innovator Founder, plus an endorsement letter showing the business has met the listed criteria.
  • Long residence. GOV.UK's ILR overview says you may be able to apply if you have lived in the UK for 10 years or more.
  • Other routes. GOV.UK's overview gives 5 years for UK Ancestry and British National (Overseas) holders.
  • Continuous residence. Rule CR 3.1 limits absences to no more than 180 days in any 12-month period, with the exceptions in CR 3.4.
  • Fee. £3,226 per person, in the fee table of 8 October 2026.

The periods above are the ones in force. The numbers in the paper (a 10-year baseline, reductions of 1 to 7 years, increases of 5 to 20 years) are proposals.

What has already changed in the rules, and what has not

It helps to separate two things that are sometimes reported together.

Already written into the Rules: B2 English at settlement. The explanatory memorandum to HC 1691 (5 March 2026), paragraphs 5.60 to 5.62, says the change increases the English requirement for settlement to B2 for a number of routes where it is now B1, that it commences implementation of a commitment in the May 2025 White Paper, and that it comes into force on 26 March 2027. It also says the change will apply to those already on a pathway to settlement. Rule GT 13.1 of Appendix Global Talent, for example, sets B1 for applications made before 26 March 2027 and B2 for applications made on or after that date, and rule SW 22A.1 of Appendix Skilled Worker sets B2 for applications on or after that date. The B2 settlement guide covers it.

Already written into the Rules: shorter protection leave. The same memorandum (5.5 to 5.9) says the length of leave for refugees is reduced from five years to 30 months for people who claimed asylum or made further submissions on or after 2 March 2026, with a different position for unaccompanied asylum-seeking children and for those granted five years on claims made by 1 March 2026.

Not in the Rules: everything specific to earned settlement. A 10-year baseline, the earnings-based reductions, the increases for public funds, entry route or overstaying, the removal of the separate long residence route and the no-recourse-to-public-funds condition at settlement all appear only in the consultation paper as proposals.

To tell a proposal from a rule, look for three things: a Statement of Changes number (such as HC 1691) with a commencement date; the rule text in the relevant Immigration Rules appendix; and, where an Act would have to change, a Bill. The earned settlement page on GOV.UK has none of these; it is a consultation page.

How people use this information

Because the consultation is closed and no response paper is listed on the page, people with settlement plans often ask what to rely on. The honest answer from the published material is narrow: the Immigration Rules in force are the ones that apply to an application made today, and the consultation paper tells you what the Home Office has said it is considering.

Questions people take to a regulated adviser include how their own qualifying period is counted under the current appendix, whether a planned absence would stay within the 180-day limit, how a sponsor's status affects a Skilled Worker settlement application, and how a proposal in the paper would be described if it appears in a later Statement of Changes. An adviser can explain how the rules apply to a person's documents. Only IAA-registered advisers, solicitors and a few other regulated persons may lawfully give immigration advice in the UK. See the guides on checking that an adviser is registered, on the difference between a solicitor and an IAA adviser, and on questions to ask before paying.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Is earned settlement law in the UK?

No. It is a proposal in a Home Office consultation paper. The Immigration Rules read on 10 October 2026 still say 5 years for Skilled Worker settlement (SW 21.1), 3 or 5 years for Global Talent (GT 11.1 and 11.2) and 3 years for Innovator Founder (INNF 18.1).

When did the earned settlement consultation open and close?

GOV.UK shows it opened on 20 November 2025 with a closing date of 13 February 2026. The paper said it would run for 12 weeks. The page is now listed as a closed consultation.

What baseline qualifying period does the paper propose?

10 years, in place of the current 5 years for many routes, with reductions and increases. The paper also consults on 15 years for Skilled Worker roles below RQF level 6, and on a no recourse to public funds condition at settlement.

Does earned settlement affect people who already have indefinite leave to remain?

The paper says people who already hold settled status are out of scope of the measures to reform the granting of settlement, as are settled status under the EU Settlement Scheme and Windrush Scheme settlement.

Would the proposals apply to people already on a visa?

The paper says that without transitional arrangements the policy would affect people in the system who are not yet settled when the relevant rules come into force, and it asks whether there should be transitional arrangements. No decision on that is in the paper.

Is the B2 English requirement for settlement part of earned settlement?

No. B2 English for settlement from 26 March 2027 is already written into several Immigration Rules appendices through HC 1691. The earned settlement paper separately proposes B2 as a minimum requirement within its model.

Sources

Last checked 2026-10-10.

Related guides

  • ILR after a Skilled Worker visa: the 5-year test — Settlement as a Skilled Worker needs 5 continuous years with permission on listed work routes, absences of no more than 180 days in any 12 months, a sponsor that still approves and pays you at least the settlement salary, and the Life in the UK Test. Rule SW 22A.1 adds B2 English for applications made on or after 26 March 2027. The fee is £3,226 per person.
  • ILR fee in 2026: £3,226 per person and extras — Indefinite leave to remain (ILR) costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows no change from the current fee. Most applicants aged 18 to 64 also pay £50 for the Life in the UK Test, and can pay £500 or £1,000 more per person for a faster decision where the application type allows it. There is no health surcharge for ILR.
  • B2 English for UK settlement from 26 March 2027 — The Immigration Rules already say that, for applications for settlement made on or after 26 March 2027, speaking and listening English must be shown at level B2 instead of B1 on a long list of routes, including Skilled Worker, Long Residence, Global Talent, Private Life and partner and parent settlement. It is a rule that has been laid, not a proposal, and it applies to people already on the path.
  • ILR absences: the 180-day rule explained — For most routes to indefinite leave to remain, the Rules say you must not have been outside the UK for more than 180 days in any 12-month period, counted on a rolling basis for permission granted since 11 January 2018. A short list of absences does not count, and time on long residence before 11 April 2024 follows older limits.
  • Long residence ILR: 10 years' lawful UK residence — Long residence is a route to indefinite leave to remain for people who have lived in the UK lawfully and continuously for 10 years. Most permission counts, visitor and some other time does not, dependants cannot be included, and the application fee is £3,226 (£1,407 for a two-year extension if English or Life in the UK is not met).
  • Global Talent visa: endorsement routes and fees — The Global Talent visa has no employer sponsor. Most applicants first pay £561 for an endorsement from an approved body, then £205 for the visa (£766 in total); prize winners pay £766 and skip the endorsement. Each grant lasts up to 5 years, and settlement is possible after 3 or 5 years depending on how you were endorsed.
  • Innovator Founder visa: endorsement and costs — The Innovator Founder visa needs an endorsement from a Home Office approved body for a new, innovative, viable and scalable business. The visa costs £1,357 from outside the UK or £1,693 inside, plus a £1,000 endorsement fee and £500 per contact meeting, plus the healthcare surcharge. It lasts up to 3 years and can lead to settlement after 3 years if the business meets set criteria.
  • Legal aid for immigration: what is covered — In England and Wales, legal aid covers only the immigration matters listed in LASPO 2012 Schedule 1: mainly asylum and protection, detention, trafficking and modern slavery, domestic abuse settlement, and some judicial reviews. Most other matters need exceptional case funding. You usually also have to pass a means test.
  • British citizenship cost: £1,709 plus £130 ceremony — Applying to naturalise as a British citizen costs £1,709, and a £130 citizenship ceremony fee is added, so £1,839 in total. Registering a child costs £1,000. The Life in the UK Test is £50 and the optional priority service is £500 more, according to GOV.UK and the Home Office fee table of 8 October 2026.
  • When you can apply for citizenship after ILR — Under section 6(1) of the British Nationality Act 1981, most people must have held indefinite leave to remain for 12 months and have lived in the UK for 5 years, been in the UK on the exact day five years before the Home Office receives the application, and not been outside it for more than 450 days in the 5 years or 90 days in the last 12 months. People married to a British citizen use a different route.
  • Immigration solicitor or IAA adviser: the difference — Both are allowed to give UK immigration advice. Solicitors are regulated by the SRA and must publish prices for immigration applications; IAA advisers are registered at Level 1, 2 or 3 and limited to that level. The differences are in scope, where they can practise, how they handle money and where you complain.
  • Questions to ask an immigration adviser before you pay — Before you pay, a UK immigration adviser should be able to show you their registration, their level, a fee scale and a written client care letter. IAA advisers must invoice you, give a receipt, keep money paid in advance in a separate client account, and wait seven days after an invoice before taking a pre-authorised card payment.