Earned Settlement: What the 10-Year Proposal Means
In This Article
1. A Closer Look at the Proposed 10-Year Pathway to ILR
The Government has opened a major consultation on reshaping the UK settlement system. In a Commons statement on 20 November 2025, the Home Secretary announced a move away from the familiar “five-year route” model towards a baseline 10-year qualifying period with the potential for “Earned Settlement”.
While changes may be coming, it should be noted that at this stage it is just a consultation and that no changes to the Immigration Rules have been announced. The consultation is expected to run for 12 weeks (until 12 February 2026), with any changes to be implemented from April 2026, if adopted.
This article explores what routes to settlement could look like if the suggestions in the Home Secretary and the Command Paper (A Fairer Pathway To Settlement – A statement and accompanying consultation on earned settlement, published in November 2025) are adopted. Of course, this is somewhat speculative at this stage, given that the consultation remains open, but it is helpful to consider the proposed changes at this stage, given the level of uncertainty this will pose for many migrants.
2. A New 10-Year Baseline for Settlement
The Home Secretary’s announcement proposes that most routes will move to a 10-year qualifying period for Indefinite Leave to Remain (ILR), replacing the five-year pathway which exists for most routes.
Settlement would no longer be framed as a predictable endpoint after time completing the qualifying period. Instead, while residence in the UK would start the clock, the point at which a migrant would be eligible to apply for ILR would depend on their contribution, integration and compliance.
“Earned Settlement” would recognise the contribution to the UK by UK migrants, thereby rewarding them with a shorter period for settlement.
3. Core Principles of the Earned Settlement Model
The Command Paper structures the Earned Settlement system around four core pillars:
- Character – stricter suitability and criminality thresholds would apply. The Command Paper indicates a renewed emphasis that those with criminality should not be able to settle in the UK.
- Integration – measurable integration into British life, with language central to this.
- Contribution – sustained economic contribution through work and National Insurance contributions.
- Residence – lawful continuous residence remains necessary but would not, by itself, be sufficient to obtain ILR.
4. Mandatory Requirements for Earned Settlement
The Home Secretary identified four hard requirements in her announcement while the Command Paper developed these into mandatory eligibility bars. In summary, an applicant must show:
- No criminality / suitability issues, including any debts to the NHS, HMRC, litigation debts or debts to any other government department.
- English at CEFR B2 (A-level equivalent) and successful completion of the Life in the UK Test.
- Sustained National Insurance contributions, linked to earnings over £12,570 for a defined period (consulting on 3–5 years).
- No UK debt, including government/NHS/tax liabilities (though the scope of this is to be clarified).
If these requirements remain as drafted in the Command Paper, then if any of the above are not met an applicant will not be able to settle in the UK. While similar to some of the requirements for settlement already in place (namely criminality and English language requirements), they represent a clear tightening of the requirements for settlement.
5. Proposed Reductions to the 10-Year Settlement Baseline
The Command Paper sets out a list of ways that a migrant may be able to achieve settlement quicker than the baseline 10-year qualifying period. These include:
| Trigger | Reduction | Possible Settlement Period |
| C1 (degree-level) English | One year | Nine years |
| Higher rate taxpayers (salaries of around £50,270) for three years | Five years | Five years |
| Additional rate taxpayers (salaries of around £125,140) for three years | Seven years | Three years |
| Global Talent / Innovator Founder migrants | Seven years | Three years |
| Public service workers in specified roles | Five years | Five years |
| Volunteering / community contributions | Three to five years (undecided) | Five to seven years |
A number of routes will have their five-year qualifying settlement periods retained, including: partners of British citizens (under Appendix FM), EUSS, Windrush, and BN(O) Hong Kong migrants.
The Command Paper states that migrants will not be able to ‘add-up’ the discounts available, and only the largest discount factor will be applied.
6. Slower Settlement – Beyond the Baseline 10 Years
While some migrants may be able to settle quicker than the 10-year baseline period, some migrants will not be able to do so and will, instead, face a longer wait for settlement eligibility. The Command Paper identifies a number of factors which would affect a migrant’s ability to settle after 10 years. These include where a migrant has received benefits (an additional five years if received for less than 12 months, or an additional 10 years if received for over 12 months) and where a migrant has entered the UK illegally or has seriously failed to comply (up to an additional 20 years, capped at 30 years for settlement).
A critical technical rule is that an increase overrides a reduction. For example, a high earner who triggers a benefits-based increase would not “buy down” the delay.
7. Route-Specific Settlement Periods
A number of route-specific settlement periods have also been proposed.
Refugee settlement: 20-year route
The consultation proposes a fundamental reset for refugees on “core protection” status, which includes 20 years to settlement as the starting point. Reductions (as set out above) would only be applicable if the migrant switched into qualifying work/study routes. The Home Secretary has also announced a policy that refugee settlement should not be faster than “planned migration” settlement.
Health & Care 2022–24 cohort: 15-year baseline
Those sponsored in roles lower than RQF-Level 6 in the period 2022-2024 will be subject to a 15-year baseline for settlement.
8. Changes to the Long Residence Pathway
The Command Paper states that there will no longer be a standalone 10-year Long Residence route; instead, long residence would be absorbed into the new 10-year baseline Earned Settlement model.
If enacted, this will materially change strategy for clients who rely on mixed-leave histories or route breaks.
9. Application of the Proposed Changes
Usually, when the Government makes big changes to the Immigration Rules, transitional arrangements would apply to those already holding permission in a particular route. However, under the proposed changes, the Government’s starting position is that the new settlement rules would apply to anyone currently in the UK who has not yet achieved ILR, though transitional protections are being consulted on.
10. What the Proposed Changes Mean for Migrants
The proposed changes remain exactly that – proposed. Any changes are not expected to take effect until April 2026, but this does not leave those already in the UK on routes to settlement with a huge amount of time to prepare for potential changes.
It is not clear what transitional arrangements, if any, will apply to those already in the UK on immigration routes to settlement. It is possible that, if the transitional protections are narrow, some migrants could find their route lengthened mid-journey. Evidence of contribution and integration will become more important either way.
Migrants for whom the increase ‘triggers’ apply should seek legal advice to try and mitigate these in advance of any changes taking effect.
Migrants looking to apply under the 10-year long residence route should also consider seeking legal advice to see if there are alternative options available to them.
11. Contact Our Immigration Barristers
For expert advice and assistance in relation to settlement, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
12. Frequently Asked Questions
What is the Earned Settlement consultation?
The Government has launched a consultation on reshaping the UK settlement system, including a proposed move from a five-year route (currently available in most routes) to a baseline 10-year qualifying period with the potential for “Earned Settlement.”
When will any changes take effect?
If adopted, changes are expected to be implemented from April 2026. The consultation runs until 12 February 2026.
What is the proposed baseline for settlement?
Most routes would move to a 10-year qualifying period for ILR, replacing the existing five-year pathways.
What is Earned Settlement?
Earned Settlement recognises a migrant’s contribution, integration, and compliance, potentially allowing them to settle sooner than the 10-year baseline.
What are the mandatory requirements for settlement?
Applicants must show no criminality or suitability issues, English at CEFR B2 and Life in the UK Test completion, sustained National Insurance contributions, and no UK debts to government bodies, the NHS, or HMRC.
Which migrants may qualify for faster settlement?
Reductions to the 10-year baseline may apply for C1 English speakers, higher or additional rate taxpayers, Global Talent / Innovator Founder migrants, public service workers in specified roles, and those with certain volunteering or community contributions.
Can multiple reductions be combined?
No. Migrants can only apply the single largest reduction; multiple discounts cannot be added together.
Who could face longer settlement periods?
Those who have received benefits, entered the UK illegally, or seriously failed to comply with rules may face extended qualifying periods, potentially up to 30 years.
What changes are proposed for route-specific groups?
Refugees may face a 20-year baseline, Health & Care 2022–24 cohort a 15-year baseline, and the 10-year Long Residence route would be absorbed into the Earned Settlement framework.
Will these changes affect migrants already in the UK?
The Government’s starting position is that the new Rules would apply to anyone in the UK who has not yet achieved ILR, although transitional protections are being consulted on. Evidence of contribution and integration will become increasingly important.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
