A major change to settlement
On 2 November 2026, the Home Secretary set out the Government’s final policy on “earned settlement”, alongside its response to last year’s consultation. It is the most significant reform to indefinite leave to remain (ILR) in a generation. For most migrants, the standard wait for settlement will double from five years to ten, with shorter or longer periods depending on earnings, public service, conduct and immigration history.
It is important to understand that the policy has been announced, but the new rules are not yet in force. This guide explains what has been confirmed, what is still to follow and the practical steps you can take now.
What is indefinite leave to remain?
ILR, also known as settlement, allows a person to live and work in the UK without time limits and without needing employer sponsorship. It removes the need for further visa extensions and is usually a necessary step before applying for British citizenship. Until now, most work routes (including Skilled Worker and Health and Care Worker) have led to ILR after five years of qualifying residence, provided the other requirements are met.
The new qualifying periods
Under the new framework, the time needed to qualify will depend on the contribution an applicant has made:
- 3 years – applicants earning at least £125,141 a year (for three years, or three of the last four), and those qualifying through the UK’s highest talent schemes.
- 5 years – applicants earning at least £50,271 in three of the last five years, people working in eligible public service occupations (including doctors, nurses and teachers), and those with a recognised British connection.
- 10 years – the new standard pathway for everyone else, including those earning below £50,271. Applicants will need to have earned at least £12,571 in five of the previous seven years, subject to exemptions.
- 20 years – applicants who have committed a qualifying immigration breach, or whose use of public funds prevents them from accessing an earlier pathway.
The previously proposed 15-year period for workers in roles below degree level has been dropped.
New mandatory requirements
Whichever pathway applies, applicants will need to meet stronger baseline requirements. The Government has confirmed these will include:
- no criminal record;
- English language at a higher standard than currently required;
- no outstanding debts to the Government; and
- at least three years of National Insurance contributions.
Applicants who have received specified public funds will also need five continuous years without them before they can apply on the shorter pathways. Detailed rules, exemptions and evidence requirements have not yet been published.
Who keeps their current route?
The Government has confirmed that several groups will keep their existing path to settlement. These include British Nationals (Overseas) on the Hong Kong route, overseas members of the armed forces, people with a British connection and those on legacy routes such as Windrush. People who already hold ILR will not lose it.
Care workers and other transitional arrangements
Care workers who entered or switched into the Health and Care Worker route before the May 2025 Immigration White Paper, and who have complied with their visa conditions (including earning at least £25,000 a year in the sector), will keep their five-year route to settlement.
Those in that group who have not met their visa conditions will be able to apply for a further five-year care visa, without being tied to their previous employer, before applying for settlement. Similar transitional arrangements will apply to certain healthcare and education workers on national pay scales in roles below degree level, such as auxiliary nurses, who arrived before the White Paper.
Outside these targeted groups, the Government’s position is that settlement is decided under the rules in force at the date of decision, not the date someone arrived. Many people already in the UK may therefore be affected.
Families and dependants
The final policy gives more recognition to families than the original proposals. Eligible couples will be able to combine their earnings towards a household threshold of £25,142, and partners who arrive together will be able to settle together, subject to the relevant requirements. Young adults aged 18 to 24 who remain dependent children will generally be able to settle with their family, while those aged 25 or over may need to qualify in their own right.
Refugees
Refugees arriving through new safe and legal routes will be able to settle after five years. Other refugees will face a 20-year baseline, reduced to 10 years for those who move into sustained work, education or training. An additional 10 years will apply to those who entered the UK illegally, subject to limited exceptions.
When will the changes take effect?
The Home Secretary has said the changes will begin to be laid in the December Immigration Rules and implemented over the course of 2027. Until the relevant Statement of Changes takes effect, the current settlement rules continue to apply. The precise commencement dates and any further transitional provisions will be critical, so anyone approaching settlement should monitor developments closely.
What should applicants do now?
If you already qualify for ILR under the current rules, or will do soon, seek advice promptly on whether to apply before the new rules take effect. Keep a full record of your earnings, payslips, P60s and tax records for every year you have been in the UK, including with previous employers, as sustained earnings will be central to the new pathways. Check your English language position, your National Insurance record and whether you have any outstanding debts to a government body. Avoid any breach of your visa conditions, and take advice before changing employer, reducing hours or claiming any benefit.
What should employers do now?
Identify sponsored employees who are approaching settlement and assess whether their expected timeline is likely to change. Where workers face a longer pathway, budget for further Certificates of Sponsorship, Immigration Skills Charges and extension applications. Review payroll, salary and hours records to ensure they are accurate and consistent with your sponsorship reporting, as these may be scrutinised at the settlement stage. Avoid promising employees settlement by a particular date.
How Syeds Law Office can help
Our immigration team can assess where you or your employees stand under both the current rules and the new earned settlement framework, advise on timing, and prepare ILR, extension and family applications. We provide clear, practical advice tailored to your circumstances so that you can plan with confidence during this period of change.
Speak to our immigration team
Approaching settlement, or concerned about how the new rules will affect you, your family or your workforce? Contact Syeds Law Office to discuss your circumstances and the most appropriate next steps.
This article is for general information only and reflects the Government’s announcement of 2 November 2026. The detailed Immigration Rules have not yet been published and may differ. It does not constitute legal advice.