On 2 November 2026, the Home Office published its response to the “A Fairer Pathway to Settlement” consultation (CP 1707), confirming the new earned settlement framework for indefinite leave to remain (ILR).
The headline is that the standard qualifying period for settlement will rise from 5 years to 10 years for most migrants. Shorter routes will be available for higher earners, public service workers and people with British family connections, and longer routes will apply to people with immigration breaches or a history of claiming public funds.
This article explains what has been decided, who it affects and what you should do now.
When does earned settlement start?
No implementation date has been announced yet. The Government says it will publish further guidance before implementation, with some details expected in 2027. Until the Immigration Rules are changed, the current settlement rules continue to apply.
The new settlement pathways
The framework sets a 10-year baseline that can be shortened or lengthened depending on a person’s circumstances.
| Pathway | Who qualifies |
| 3 years | Earnings of at least £125,141 in 3 of the last 4 years. Global Talent and Innovator Founder holders may also qualify, subject to a Migration Advisory Committee review. |
| 5 years | Earnings of at least £50,271 in 3 of the last 5 years, or 5 years in an eligible public service role, or a recognised British connection |
| 10 years (baseline) | Applicants who meet the mandatory requirements, including earnings of at least £12,571 in 5 of the last 7 years |
| 20 years | Adults with a past immigration breach, or who have claimed specified public funds in the 5 years before applying |
| +10 years | Added for anyone who entered the UK illegally, whatever route they are on |
The income figures are linked to the income tax and National Insurance thresholds.
Who gets the 5-year route?
- Higher earners: £50,271 or more in 3 of the last 5 years
- Public service workers: doctors, nurses, teachers, social workers and other health and education roles on national pay scales, as listed in the response
- British connection: partners, parents and children of British citizens, and UK Ancestry visa holders
- Family members sponsored by a British citizen, if they meet the core requirements
Routes outside the framework
These routes keep their existing settlement periods:
- Hong Kong BN(O) visa holders: 5 years
- Armed Forces: 4 years’ reckonable service
- Bereaved partners and victims of domestic abuse: settlement under existing arrangements
- unaccompanied asylum-seeking children and certain other children: 5 years
Mandatory requirements for everyone
All applicants for settlement must:
- meet the good character and suitability requirements
- have no outstanding government debt, including NHS debt, unpaid tax or National Insurance, and Home Office litigation costs
- speak English at B2 level (with the usual exemptions for under-18s, people aged 65 and over, and people with a qualifying physical or mental condition)
- pass the Life in the UK test, which is under review
- show sustained contribution, meaning earnings of at least £12,571 in 5 of the last 7 years for the baseline route
Criminality: adults with any UK criminal record will be refused, including cautions, fines and conditional discharges. Overseas convictions count where the conduct would be an offence in the UK. There is discretion for offences committed under 18.
What changed from the consultation?
Several proposals were changed or dropped after the consultation:
- No 15-year route for workers below degree level (RQF 3 to 5). They default to 10 years if they meet the requirements.
- No reduction for C1 English, and no reduction for volunteering.
- Couples can combine income to meet the £12,571 threshold (£25,142 between them). Partners are not assessed individually.
- A “best years” approach means gaps for maternity, parental leave, caring or ill health won’t automatically lengthen the route.
- Penalties have been fixed: 20 years for immigration breaches, 20 years for public funds use, and an extra 10 years for illegal entry.
The Long Residence route will close
The 10-year Long Residence route will close. Time on temporary routes, such as Visit, Student, Graduate, Youth Mobility, Seasonal Worker and Temporary Worker visas, will no longer count towards settlement. No closure date has been given.
If you are relying on Long Residence, take advice now.
Partners and children
- Partners who arrive with the main applicant can settle at the same time, if they meet the requirements.
- Partners who join later must complete the same qualifying period as a dependant.
- Children under 18 settle with their parents. They are exempt from the income, debt, English and Life in the UK requirements, but not from suitability and criminality checks.
- Young adults aged 18 to 24 who are dependants can settle with their family. They must meet the adult requirements, but are exempt from the individual income test.
- From age 25, people must qualify in their own right.
Does it apply to people already in the UK?
Largely, yes. The response says that being in the UK “does not give someone an automatic right to settle under the rules that existed when they first arrived”. Transitional arrangements only cover specific groups:
- care workers who entered or switched into the route before the May 2025 White Paper keep a 5-year route, if they meet the £25,000 salary, sponsorship and employment requirements
- health and education workers below degree level, such as nursing auxiliaries and teaching assistants, who arrived before May 2025, keep a 5-year route
- Skilled Workers sponsored before April 2024 can extend their visas on current terms until 2035
The response doesn’t specifically address people who are close to reaching 5 years when the changes come in.
Care workers who lose their sponsor: from 1 February 2027, they will have up to 120 days to find a new job offer, plus 60 days to resolve their status.
What this means for Skilled Workers
Under the new framework, Skilled Workers would settle after:
- 3 years if they earn £125,141 or more
- 5 years if they earn £50,271 or more, or work in an eligible public service role
- 10 years in most other cases
The Home Office estimates that around 146,000 Skilled Workers would be on the 10-year path. Many workers who expected to settle after 5 years will need to wait longer, unless their earnings rise.
What should you do now?
- If you are eligible for ILR now, consider applying now. The current 5-year rules still apply until the Immigration Rules change.
- Check which pathway you are likely to be on, based on your earnings, job and family situation.
- Keep records of your earnings, including P60s and tax returns, for at least the last 7 years.
- Avoid public funds and debts, and deal with any NHS debt or unpaid tax.
- Book your English test and Life in the UK test You will need B2 English.
- If you rely on Long Residence, get advice urgently.
- Employers: review settlement timelines for sponsored staff, and consider how salary decisions affect their pathway.
How Privity Legal can help
Our immigration solicitors can:
- tell you whether you can apply for ILR under the current rules before they change
- assess which earned settlement pathway is likely to apply to you
- advise on immigration history, public funds or criminality issues that could lengthen your route
- support employers with workforce settlement planning
Speak to an immigration solicitor. Call: +44 20 3103 6463 or email: enquiries@privitylegal.co.uk
Related pages: Skilled Worker Visa · 10-Year Long Residence ILR · UK Spouse Visa · Naturalisation as a British Citizen
Frequently asked questions
Has the settlement period changed to 10 years?
The Government has confirmed it will. The current rules still apply until new Immigration Rules are laid and come into force. No date has been announced.
Can I still apply for ILR after 5 years?
Yes, under the current rules, until the changes take effect. If you are eligible, consider applying now.
What salary do I need to settle after 5 years?
At least £50,271 a year in 3 of the last 5 years, unless you qualify through a public service role or a British family connection.
Will spouses of British citizens still settle after 5 years?
Yes. Partners, parents and children of British citizens keep a 5-year route.
Is the 10-year Long Residence route closing?
Yes. The response confirms it will close, but no date has been given.
Will a caution or fine stop me getting ILR?
Under the new framework, any UK criminal record for an adult, including cautions, fines and conditional discharges, will lead to refusal
