The Government’s ‘Earned Settlement’ consultation: Your questions answered

On 20 November 2025, the Government opened their public consultation on reforms to the qualification period for settlement in the UK (also known as Indefinite Leave to Remain). The consultation runs for 12 weeks and closes on 12 February 2026.  

The policy statement, A Fairer Pathway to Settlement, outlines the proposed 'Earned Settlement' model which would replace the current rules on settlement. 

These reforms are only proposals at this stage, meaning they could shift in either direction; towards generosity or restriction. For individuals and employers, understanding what's on the table now matters. The consultation is an opportunity to respond and shape the final rules before they are laid in Parliament.   

What is 'Earned Settlement'?

The Home Office describes 'Earned Settlement' as a “…principle that recognises the value of long-term contribution to the UK. Rather than granting settlement after a fixed period,…”.

Essentially, the proposed changes will replace the current five-year qualifying period with a 10-year baseline period, which can then be reduced or increased based on an applicant's individual contributions to the UK.

Why is the Government running a consultation?

The Government is seeking feedback on how the Earned Settlement model should work in practice because the proposed changes are so significant. Responses should help refine the policy before new Immigration Rules are laid in Parliament. 

Importantly, the Government can still change the proposals before the rules are finalised. 

Who is unaffected by these proposals?

The consultation document confirms that people already settled in the UK will not be affected. Those in the EU Settlement Scheme are also out of the scope of the consultation and reforms. 

Some visa categories will also keep their existing qualifying periods under the new model: 

• Those with permission as partner/parent/child of a British citizen would remain on a five-year route to settlement;
• Those with permission under the British National (Overseas) visa route from Hong Kong will also remain on the five year route;
• Global Talent and Innovator Founder visa holders will continue on a route to settlement in three years, although it is uncertain whether Global Talent migrants on the 'exceptional promise' pathway will stay on the five-year route.

It is important to note that certain factors could mean a longer baseline period for those on the above routes. For instance, where an applicant has been in receipt of public funds for more than 12 months, this could increase their qualifying period by a further 10 years.

What are the considerations which could reduce the baseline qualifying period?

The following attributes have been proposed as factors which could adjust the 10-year baseline period (in addition to entry and residence on the routes which have been carved out above):

An applicant can only use one attribute in their application, i.e. the one that causes the largest reduction. 

Notably, the new model benefits high earners, who could qualify in as little as three years, faster than under the current rules.  

What other proposed changes should I be aware of?

Under the proposed 'Earned Settlement' model, all applicants would need to meet new mandatory criteria, including:

• Applicant must meet the suitability criteria, (with an expectation that they will not have a criminal conviction).
• They must meet the integration criteria including meeting the English language requirements at a B2 level (higher than the current B1 level) and pass the ‘Life in the UK’ test.
• Meet the contribution requirement by having annual earnings above £12,570 for a minimum of 3 to 5 years (subject to consultation) or an alternative amount of income. 

Dependants must qualify for settlement in their own right under the proposed system, and they may have different qualifying periods based on their personal circumstances. Crucially, dependants cannot settle if the main applicant is ineligible, e.g. if the main applicant fails one of the mandatory criteria above, but also have to meet certain criteria of their own.

The Government also suggests removing the 10-year Long Residence route entirely, as the new 10-year baseline would replace it. This could mean time spent on routes not leading to settlement (e.g. Student or Graduate) no longer counts towards settlement. 

If I'm already on a route to Settlement, will the changes apply to me?

Potentially. Unless transitional provisions are introduced, anyone who is not yet settled could be affected. The consultation asks whether transitional protections should be included and there are likely to be many respondents who vehemently state there should be. 

It is important to note that the new model would offer a shorter qualifying period for high earners and any transitional provisions should not disadvantage high earners who might benefit from the new model.  

When could these changes be introduced?

The consultation closes on 12 February 2026. The Government has suggested implementation could begin from April 2026, subject to the parliamentary process and finalising the new rules. 

For now, nothing has changed. The existing rules on settlement remain in force.

What should I do now?

Anyone affected is encouraged to respond to the consultation before 12 February 2026 via the online survey: Earned settlement - GOV.UK 

Employers (particularly those who hold sponsor licenses) should also review long-term recruitment and retention planning, as these proposals could significantly affect migrant workers’ routes to settlement.

If you have any questions and would like advice on your immigration strategy or how these proposals may impact you or your employees, please contact the Boodle Hatfield immigration team who will be able to advise.