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Earned Settlement Announcement: The Final Countdown – What You Need to Know Before the Rules Change
The single most consequential change to UK immigration in a generation is now in its final phase. After a consultation that attracted over 200,000 responses, two parliamentary committee reports, and months of political wrangling, the government has confirmed that its revised Earned Settlement policy will be published before the end of 2026 .
For hundreds of thousands of visa holders on a pathway to Indefinite Leave to Remain (ILR) — Skilled Workers, Health and Care Workers, families, and long-residence applicants — this is the moment of maximum uncertainty. The rules are not yet law. But the direction of travel is clear, and the window to act under the current five-year system is narrowing.
This blog sets out what we know, what we don't, and the one thing you should do before the announcement lands.
What Is Earned Settlement?
Earned Settlement is the government's proposed replacement for the current settlement system, under which most migrants qualify for ILR after five years of continuous residence . Under the new model, settlement would become contribution-based rather than time-based — a "new model of settlement, which is about settlement being something that is earned through contribution and a new set of tests that lead to settlement", as the Home Secretary described it to the Home Affairs Committee .
The policy was first signalled in the May 2025 Immigration White Paper and developed in the November 2025 consultation, "A Fairer Pathway to Settlement" .
The headline proposal: the standard qualifying period for ILR would rise from five years to ten years, with the possibility of reduction or increase depending on a range of positive and negative factors .
The Timeline: Where We Are Now
Date | Event |
May 2025 | Immigration White Paper announces intention to introduce Earned Settlement |
20 November 2025 | Home Office launches formal consultation, A Fairer Pathway to Settlement |
12 February 2026 | Consultation closes, attracting over 200,000 responses |
13 March 2026 | Home Affairs Committee publishes report on the proposals |
23 June 2026 | House of Lords Justice and Home Affairs Committee publishes report opposing retrospective application |
15 September 2026 | Home Secretary confirms policy will be published before the end of 2026 |
Before 31 December 2026 | Expected publication of revised policy and transitional arrangements |
The Home Secretary has committed to setting out the new policy "in good time" before February 2027, when the first 2022 arrivals would qualify under the current rules . She has, however, declined to give a more specific date .
What Is Proposed? The Key Changes
1. A 10-Year Baseline — With Reductions and Penalties
Under the proposed model, the default qualifying period would be 10 years, with the following adjustments :
Factor | Effect on Qualifying Period |
English at C1 level | –1 year |
Taxable income of £125,140 for 3 years | –7 years (settlement after 3 years) |
Taxable income of £50,270 for 3 years | –5 years (settlement after 5 years) |
Public service role for 5 years | –5 years |
Receipt of public funds for less than 12 months | +5 years (15-year total) |
Receipt of public funds for more than 12 months | +10 years (20-year total) |
Immigration offences (overstaying, illegal entry) | Up to +20 years (30-year total) |
2. A 15-Year Route for Below-Degree Roles — Including Care Workers
One of the most controversial proposals is a 15-year baseline for workers in roles below RQF Level 6 (bachelor's degree equivalent). This specifically targets Health and Care Workers — including senior care workers and nursing auxiliaries .
The consultation document confirms that the 616,000 people granted Health and Care visas between 2022 and 2024, of whom 75% worked in below-degree roles, would be
affected .
3. Abolition of the 10-Year Long Residence Route
The government also proposes to abolish the 10-year Long Residence route, which currently allows individuals to combine lawful residence across different visa categories — including student visas — to apply for settlement after 10 continuous years .
4. Retrospective Application
Perhaps the most contentious element: the consultation states explicitly that the changes would apply "to everyone in the country today who has not already received indefinite leave to remain" . The Home Secretary has reportedly confirmed that the changes would apply to those already in the UK who have not yet secured ILR .
This means someone on year four of a five-year route could find their timeline extended to 10 or 15 years overnight.
5. English Language Increase to B2
Separately, the English language requirement for settlement will increase from B1 to B2 for applications submitted from 26 March 2027 .
The Opposition: What the Committees and Legal Bodies Have Said
The proposals have faced unusually strong cross-party and professional criticism.
Home Affairs Committee (March 2026)
The Committee urged the Government to "get the changes right rather than implement them quickly", with particular focus on medium-skilled workers, children and young people, and transitional protections .
House of Lords Justice and Home Affairs Committee (June 2026)
The Committee delivered a "sharp rebuke" to the proposals. It opposed extending the baseline to 10 years, warned that retrospective application would be "manifestly unfair" and potentially unlawful, and called for an evidence-based approach underpinned by better migration data .
Law Society of England and Wales (February 2026)
The Law Society said Earned Settlement "should not be applied retrospectively to migrants already in the UK on a pathway to settlement in a way that disadvantages them". It warned that the proposals would disadvantage stay-at-home partners, carers, lower-paid people, students and recent graduates, and could breach the Equality Act . It also warned that longer qualifying periods and more complex rules would "deter overseas workers while placing heavy administrative and financial burdens on UK employers" .
What Does This Mean for You?
If You Are Approaching the Five-Year Mark
This is the critical group. If you are close to qualifying for ILR under the current rules, the window to apply before any retrospective change takes effect is closing. The Home Secretary has not confirmed whether there will be a minimum notice period between the announcement of the new rules and their implementation .
If You Are on a 10-Year Long Residence Pathway
The proposed abolition of the Long Residence route means you may already be eligible — or about to become eligible — under a route that may cease to exist . Seeking advice now is essential.
If You Are a Care Worker or on a Below-RQF6 Route
The 15-year proposal is specifically aimed at your route. The care sector has warned that this will deepen workforce shortages and prevent workers from leaving exploitative employers .
If You Are an Employer
Longer sponsorship commitments mean extended sponsor compliance obligations, visa extension costs, and potential Immigration Skills Charge exposure . Workforce planning assumptions built on a five-year settlement horizon may need to be revised.
The One Thing You Should Do Before the Announcement
Book a consultation to assess whether you can apply for ILR under the current rules before any retrospective change takes effect.
The Government has not yet published its formal consultation response or the Immigration Rules needed to implement the new system . Until it does, the current five-year rules remain in force. If you are eligible — or will become eligible in the coming months — there may still be a window to secure settlement on the existing terms.
Do not wait for the announcement to find out that your timeline has changed.
Key Takeaways
What | Detail |
Policy status | Proposed; not yet law |
Expected publication | Before end of 2026 |
Proposed baseline | 10 years (up from 5) |
Below-RQF6 route | 15 years, including many care workers |
Retrospective? | Proposed to apply to those already in the UK who have not yet settled |
Long Residence | Proposed abolition |
English requirement | B2 from 26 March 2027 |
Consultation responses | Over 200,000 |
Key opposition | Home Affairs Committee, Lords Justice and Home Affairs Committee, Law Society |
How Hextons Law Can Help
At Hextons Law, we are monitoring the Earned Settlement announcement daily. We can assist with:
Eligibility assessments — confirming whether you can apply for ILR under the current rules before any change takes effect
Long Residence applications — urgent advice if you are approaching 10 years' continuous residence
Transitional planning — understanding how the proposed rules may affect your specific route
Employer planning — reviewing sponsorship commitments and compliance obligations in light of longer settlement timelines
Family applications — advising on dependent partners and children who may face different timelines under the new model
If you are on a pathway to settlement, contact Hextons Law today for a confidential consultation. The announcement is coming before the end of 2026 — and the time to act is now.
This article is provided for general information purposes only and does not constitute legal advice. Immigration rules and policies are subject to change, and specific legal advice should always be sought for your particular circumstances.
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