Immigration

United Kingdom | Home Secretary announces key details for Earned Settlement proposals

Summary

On 02 November 2026, almost a year following initial proposals were put forward, the Home Secretary, Shabana Mahmood, announced further details of the much anticipated ‘Earned Settlement’ proposals.  Whilst some of the initial proposals have since been moderated, the starting point for settlement will move from five years to ten years, with slower and faster paths available depending on individual circumstances.

Under the new framework, all applicants must meet a minimum set of ‘standards for settlement’ and the time it takes to qualify for settlement will reflect an individual’s contribution, integration and compliance.

The detail

Minimum standards for settlement

All applicants for Indefinite Leave to Remain (ILR) must meet mandatory minimum requirements. Settlement in the United Kingdom must be earned considering the following circumstances:

Good character and suitability

Going forwards under the new proposals, any adult applicant with a criminal record in the UK will be refused settlement. This goes significantly further than the current mandatory refusal for those who have received a custodial or suspended sentence of 12 months or more or repeat offenders.  This includes mandatory refusals for those with a criminal record including suspended sentences, out-of-court disposals, conditional cautions and court-imposed fines. Overseas convictions can also lead to a refusal, but discretion will remain for offences that were committed when an individual was under 18 at the time of the offence.

No outstanding Government debt

Applicants will be required to have no outstanding Government debt before they can settle. This will include NHS debt; tax debt, including unpaid tax; and National Insurance contributions; and litigation debt owed to the Home Office.

Immigration breaches

Qualifying immigration breaches will be set out in the immigration rules and result in individuals being placed on a 20-year pathway to settlement. This will not apply to applicants who were under 18 at the time of the breach.

Strong English language ability

Applicants will need to demonstrate English language ability at B2 level under the Common European Framework of Reference for Languages (CEFR), which will become the standard English language requirement for settlement.

Passing the Life in the UK test

The Life in the UK test requirement will continue, with the existing exemptions for those aged under 18 and over 65 remaining in place.  The current test format will be reviewed by the Government to ensure it better reflects life in modern Britain.

Sustained contribution to the UK

All applicants will need to demonstrate a minimum level of economic contribution. Applicants must meet a minimum threshold of £12,571 a year for at least three years, aligned to the basic rate of income tax. Separate rules apply for households applying.  Applicants who can demonstrate that they are higher earners, can qualify for settlement earlier.

Time it takes to qualify for settlement

As set out below, earnings will be assessed using a ‘best years’ approach, rather than requiring the relevant threshold to be met in every year.

Three-year route to settlement

Those considered to be the highest economic contributors (earning at least £125,141, in line with the additional rate of income tax) can qualify for settlement in as little as three years. Applicants must meet the £125,141 earnings threshold in three of the four years immediately before applying for settlement.

Similar measures will apply to those within the Global Talent and Innovator Founder routes.

Five-year route to settlement

Other higher earners (earning at least £50,271, in line with higher rate of income tax) can continue to meet the earning threshold to qualify for settlement after five years. Applicants must meet the £50,271 earnings threshold in three of the five years immediately before applying for settlement.

Workers in specified public-sector health and education occupations, including doctors, nurses and teachers, will retain a five-year route to settlement where their roles are identified in the Immigration Rules as being paid according to national pay scales and they came to the UK before the May 2025 Immigration White Paper publication.

Applicants with recognised British connections, which includes eligible partners, parents and children of British citizens and Commonwealth citizens who qualify through the UK Ancestry route on the basis of having a UK-born grandparent, can continue on the current path to settlement after five years.

Applicants granted permission to reside in the UK under specific schemes, such as the Hong Kong (BNO) visa, and Legacy Safe and Legal Routes will continue to be eligible for settlement after five years, subject to meeting other route requirements.

Ten-year route to settlement

For those who do not meet the criteria to qualify for settlement after three or five years, but can demonstrate a sustained contribution of £12,571 a year, a minimum term of 10 years may apply.  Applicants must meet the £12,571 earnings threshold in the five of the seven years immediately before applying for settlement and must not have committed a qualifying immigration breach.

Exemptions will apply where it would be inappropriate to require someone to demonstrate a minimum income requirement of £12,571. This will include children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition. However, it is understood that household income will be taken into account, e.g. eligible couples will be able to combine their earnings to meet the minimum economic contribution requirement of £25,142, meaning one partner may be able to effectively rely on the other’s earnings, if they are unable to demonstrate the full £12,571 contribution independently.

20-year route to settlement

Applicants who commit immigration breaches, including overstaying a visa, breaching a condition attached to immigration permission, using deception in an application, taking action to frustrate immigration controls or those who have accessed public funds or benefits, will be prevented from qualifying for an earlier pathway to settlement and may be subject to a far lengthier qualifying period.

Aside from the new 20-year route to settlement, applicants on all other routes must not have committed a qualifying immigration breach and cannot have accessed public funds in the last 5 years prior to the date of their application.

Skilled Worker extension applications

One important development to note is that transitional arrangements introduced alongside the 2024 Skilled Worker salary increases were originally due to expire in 2030. With the proposed settlement qualifying period increasing to 10 years for workers in roles below RQF level 6, the Government intends to extend these protections to 2035, enabling affected workers to continue extending their visas on their current terms.

Key questions

1. When do these new rules come into force? The rules are formally expected to be announced in December, but no further detail in relation to implementation periods, and any potential (if any) transitional provisions for those approaching their settlement qualification date have been released.
2. Do dependant partners have to earn £12,571 in their own right? No, household income can be considered together, however the couple will need to demonstrate they meet a combined threshold of £25,142, which is double the individual requirement. Partners must be in a genuine and subsisting relationship.
3. Can dependant partners apply at the same time as the main applicant? The dependant partner will be subject to the same qualifying period as the main applicant – depending on the main applicant’s circumstances, whether or not they arrive at the same time as the main applicant or not. For example, if the dependant applies for their dependant visa after the main applicant, they will still need to wait the full qualifying period.
4. If I earn under £50,271, do I have to wait for ten years to quality for settlement? Under the new proposals, this is what is being set out unless you are eligible for a public service discount. We will need to wait for the immigration rules that will be published in December for further details on implementation periods and any transitional arrangements.
5. Can volunteering bring down the qualifying period to Settlement?
6. Can I access public funds during my qualifying period for Settlement? Those seeking to qualify through the three, five or ten-year routes must not have accessed specified public funds during the five years immediately before applying for settlement. Those continuing to access public funds, will have to complete 20 years on a qualifying route before being eligible for settlement.
7. Will the long residence route still exist? No, this route is now expected to close with further details on transitional arrangements to be determined later this year. This means it will no longer be possible to combine time spent in ineligible visa categories, such as student visas and Global Business Mobility visas to apply for settlement.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Sarah Ingles  
Partner

Lyudmyla Davis
Partner

Andrea Als
Director

Amanda Kennedy
Director

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