On 02 November 2026, the Home Secretary, Shabana Mahmood, announced significant changes to the UK’s settlement system, confirming that the standard qualifying period for Indefinite Leave to Remain (ILR) will increase from five to ten years for most migrants.

The announcement follows the Government’s consultation on its proposed “Earned Settlement” model, under which eligibility for settlement will depend not only on the length of time a person has lived in the UK, but also on their earnings, contribution to the UK, English language ability, and immigration history.

Although the Government has retained its central proposal to double the standard qualifying period for settlement, it has introduced important concessions for certain groups, including higher earners, public service workers and existing care workers.

Crucially, the Government has also confirmed that the new requirements will apply to many migrants who are already living and working in the UK, raising important questions for individuals who had expected to qualify for settlement after five years.

In this article, we consider the principal changes announced by the Home Secretary, who will be affected and what remains uncertain.

1. The Standard Qualifying Period for Settlement Will Increase to Ten Years

Under the existing Immigration Rules, many migrants, including those holding Skilled Worker visas, are eligible to apply for Indefinite Leave to Remain after completing five years of continuous residence in the UK, provided they satisfy the relevant requirements.

Under the Government’s earned settlement model, the standard qualifying period will increase to ten years. However, the ten-year period will operate as a baseline rather than a universal requirement. Migrants may qualify for settlement sooner where they meet specified criteria relating to their earnings, occupation or other contributions. Conversely, individuals who do not satisfy the relevant requirements, or who have breached immigration laws, may face substantially longer qualifying periods.

The Government’s intention is therefore to replace the existing system, under which settlement eligibility is primarily determined by immigration category and qualifying residence, with one that places greater emphasis on individual circumstances and contribution.

2. Higher Earners May Qualify for Settlement After Three or Five Years

One of the most significant features of the proposed earned settlement system is the introduction of accelerated settlement routes for higher earners.

The Home Secretary confirmed that individuals earning more than £50,271 annually will be eligible to qualify for settlement after five years, rather than the standard ten-year period. The highest earners, including those earning at least £125,000 annually, will be able to qualify for settlement after three years. These provisions are particularly relevant to Skilled Worker visa holders whose salaries exceed the proposed thresholds.

However, further detail will be required regarding how earnings will be assessed, including the relevant assessment period, the treatment of variable remuneration and the evidence applicants will need to provide. For individuals whose earnings fluctuate, or who have only recently reached the relevant salary threshold, these details may be particularly important.

3. Public Service Workers Will Retain Access to Five-Year Settlement

The Government has also confirmed that certain public service workers will continue to qualify for settlement after five years. The Home Office has specifically identified doctors, nurses and teachers as examples of workers who will benefit from the shorter qualifying period. This recognises the contribution made by individuals working in essential public services, notwithstanding that their salaries may fall below the thresholds applicable to higher earners.

The precise occupational scope of this concession will need to be examined carefully once the amended Immigration Rules are published. In particular, questions remain regarding the treatment of individuals undertaking comparable work for private or independent providers, and whether eligibility will depend on occupation, employer, sector or a combination of these factors.

4. Existing Care Workers Will Benefit From Special Transitional Arrangements

The treatment of care workers has been one of the most closely scrutinised aspects of the Government’s Earned Settlement proposals. The earlier proposals contemplated substantially longer qualifying periods for certain lower-paid workers, including those employed in the social care sector. However, the Home Secretary has now confirmed a concession for eligible care workers already in the UK.

Care workers who satisfy their immigration conditions and earn at least £25,000 annually will be able to qualify for settlement after five years, subject to the applicable eligibility and transitional requirements. Those who do not qualify for this concession may instead be offered a further five-year period of permission, providing an opportunity to meet the requirements for settlement at a later date. Similar arrangements are proposed for certain other public service roles.

These concessions will be particularly important for care workers who entered the UK under the previous sponsorship arrangements and have already completed several years of lawful residence. However, the detailed eligibility criteria, including the relevant arrival dates, occupational classifications and treatment of dependants, will need to be considered against the final Immigration Rules.

5. Settlement Applicants Will Face Four Mandatory Requirements

In addition to changing the qualifying residence periods, the Government intends to introduce four mandatory conditions which applicants will generally need to satisfy before obtaining settlement.

These concern:

• Criminality: Applicants will be subject to stricter criminality requirements.
• English language: Applicants will need to demonstrate a higher standard of English language proficiency, described by the Government as equivalent to A-level English as a foreign language.
• Debt: Applicants must not have outstanding debts owed to the taxpayer.
• National Insurance contributions: Applicants will generally need to demonstrate at least three years of National Insurance contributions.

These requirements represent a significant change from the existing settlement framework.

In particular, the proposed National Insurance requirement raises questions for individuals who have experienced periods outside employment, including those who have taken parental leave, undertaken unpaid caring responsibilities or otherwise been unable to work.

Further clarification will also be required regarding the precise criminality threshold, the treatment of different categories of public debt and the circumstances in which exceptions may apply.

6. Migrants Who Breach Immigration Rules May Face Longer Routes to Settlement

The Government has confirmed that individuals who have breached immigration laws may face substantially longer periods before becoming eligible for settlement. Under the announced proposals, those who have breached immigration requirements may be required to complete at least 20 years before qualifying. 

The precise scope of these provisions remains important. Not every immigration irregularity necessarily involves the same degree of culpability, and the amended Rules will need to clarify which breaches trigger an extended qualifying period. The interaction between these proposals and existing provisions relating to overstaying, suitability and continuous residence will therefore require careful consideration.

7. Will the New Settlement Rules Apply to Migrants Already in the UK?

Perhaps the most consequential aspect of the announcement is the Government’s intention to apply the earned settlement requirements to individuals who are already in the UK. This means that migrants who entered the UK expecting to qualify for Indefinite Leave to Remain after five years may find that they are required to complete a longer qualifying period.

For example, a Skilled Worker who has already completed three or four years of qualifying residence may potentially be affected by the new ten-year baseline unless they qualify for an accelerated route or an applicable transitional provision. The Government has announced specific concessions for certain groups, but it has not introduced a general exemption for all migrants already progressing towards settlement. The extent of any further transitional protection will be particularly important.

Until the amended Immigration Rules and accompanying guidance are published, individuals should not assume either that their existing five-year route will be preserved or that the proposed ten-year requirement will necessarily apply to them.

8. When Will the Earned Settlement Changes Take Effect?

The Home Secretary’s announcement sets out the Government’s intended policy, but it does not mean that every proposed requirement has already become law. The changes will need to be implemented through amendments to the Immigration Rules, with the relevant commencement dates and transitional provisions specified. The Government has indicated that implementation is expected during 2027.

Until the relevant amendments take effect, applications will continue to be determined under the Immigration Rules applicable at the relevant time, subject to any transitional provisions. Individuals approaching eligibility for settlement should therefore review their position carefully, particularly where they may be able to submit an application before the new requirements commence.

9. What Should Migrants and Employers Do Now?

The proposed earned settlement reforms have significant implications for migrants, their families and employers who sponsor overseas workers.

For individuals already approaching settlement eligibility, it will be important to establish when they are expected to complete their qualifying residence period and whether they may qualify under the existing Rules before the changes take effect. Those who are not yet eligible should consider whether their occupation, earnings or other circumstances may bring them within one of the proposed accelerated settlement routes.

Employers may also need to review their longer-term workforce planning, particularly where sponsored workers could require extensions of permission beyond the five-year period originally anticipated.

The potential financial implications are considerable, given the additional visa application fees, Immigration Health Surcharge payments and, where applicable, sponsorship costs associated with longer periods of temporary immigration permission.

10. Conclusion

The Home Secretary’s announcement on 02 November 2026 confirms a substantial restructuring of the UK’s settlement system.

Although the Government has introduced concessions for higher earners, certain public service workers and eligible care workers, the standard qualifying period for Indefinite Leave to Remain is expected to double from five to ten years.

The application of the reforms to migrants already living in the UK is particularly significant and is likely to remain a central issue as the Government implements its proposals.

Much will depend on the detailed wording of the amended Immigration Rules, particularly the transitional arrangements, earnings requirements and treatment of individuals who have already completed substantial periods of qualifying residence.

For now, individuals who are already on a route to settlement should obtain advice on how the proposed reforms may affect their circumstances and whether any steps should be taken before the changes come into force.

11. How Richmond Chambers Can Help

Richmond Chambers Immigration Barristers provide specialist advice on Indefinite Leave to Remain applications, Skilled Worker visas, settlement eligibility and the implications of changes to the Immigration Rules.

If you are concerned about how the Government’s earned settlement proposals may affect your eligibility for Indefinite Leave to Remain, our immigration barristers can advise on your current position, potential eligibility under the proposed arrangements and the options available to you.

12. Frequently Asked Questions

Which migrants will keep their existing route to settlement under the Earned Settlement reforms?

The Government has said that some groups will retain their existing settlement pathways rather than moving onto the new ten-year baseline. These include family members of British citizens, Hong Kong British National (Overseas) visa holders and members of the armed forces. The Home Secretary has also referred to people with a British connection and legacy routes such as Windrush. The precise position will ultimately depend on the amended Immigration Rules.

Will claiming benefits affect when a migrant can qualify for settlement?

Potentially. The Home Secretary announced that a person who has claimed benefits would need to have completed five continuous years without relying on benefits before applying for settlement. However, the detailed Rules have not yet been published, so it remains to be seen which benefits will be relevant, how the five-year period will be calculated and whether exceptions will apply.

Will applicants still need to pass the Life in the UK Test under the new settlement system?

Yes. The Government’s response to the Earned Settlement consultation indicates that the Life in the UK Test will remain part of the settlement framework, alongside requirements concerning character and suitability, English language ability, government debt and sustained contribution. The detailed application of these requirements will be set out when the new system is implemented.

How will the Earned Settlement rules affect dependant partners and children?

The full position for dependants has not yet been set out in the Immigration Rules. Under the current Skilled Worker system, an eligible dependant partner normally needs five continuous years in the UK as a dependant before qualifying for settlement and may apply separately if they are not eligible when the main applicant settles. The treatment of dependants under the new framework will therefore need to be checked against the forthcoming Rules and transitional provisions.

Will time spent outside the UK still affect eligibility for settlement?

Residence and absences remain important under the current settlement rules. For example, a Skilled Worker applying under the present rules must normally have spent no more than 180 days outside the UK in any 12-month period during the qualifying residence period. The Government has not yet published all of the technical continuous-residence rules that will apply under the new Earned Settlement model.

Does switching between UK visa routes reset the settlement qualifying period?

Not necessarily under the current Rules. A Skilled Worker can presently combine qualifying time spent on certain other routes, including Global Talent, Innovator Founder and Scale-up, towards the five-year settlement period. Separately, the Long Residence route can generally count lawful residence accumulated across most immigration categories. How periods spent on different routes will be treated under the future Earned Settlement framework will depend on the amended Rules.

Could the 10-year Long Residence route provide an alternative route to settlement?

It may do in some cases under the Rules currently in force. Appendix Long Residence allows a person who has completed ten years of lawful and continuous residence to qualify for settlement, with time on most immigration routes capable of counting towards that period. Whether, and to what extent, the existing Long Residence provisions will interact with the new ten-year Earned Settlement baseline will need to be assessed once the implementing Rules are published.

Could a longer wait for settlement delay an application for British citizenship?

Yes. For many applicants, obtaining Indefinite Leave to Remain is an essential step before naturalising as a British citizen. A person who is not married to a British citizen will normally need to have held ILR or another qualifying settled status for at least 12 months before applying for naturalisation. A person married to a British citizen does not normally have to wait that additional 12 months once they hold ILR and meet the other requirements.

Will the new settlement rules affect people who already have Indefinite Leave to Remain?

The Government has said that the reforms will not remove settlement from people who already hold it. The announcement is principally relevant to people who have not yet obtained settlement when the new requirements apply. This is different from migrants who are currently on a route towards ILR, many of whom may be affected by the new framework depending on the final transitional arrangements.

How will the Earned Settlement reforms affect refugees?

The Government has announced separate settlement arrangements for refugees. Refugees entering through approved safe and legal routes are intended to have a five-year route to settlement. Other refugees would generally face a 20-year qualifying period, with the possibility of a shorter period where they work or study. An additional period is proposed for people who entered clandestinely, including by small boat. These arrangements remain subject to implementation through the detailed Rules.