A Fairer Path to Settlement – Earned Settlement Key Takeaways
On 2 November 2026 the Home Office published its response to last year’s consultation, “A Fairer Pathway to Settlement”, setting out how indefinite leave to remain will be obtained in future. The Home Secretary, Shabana Mahmood confirmed that the ordinary wait for settlement will double from 5 to 10 years, with that period shortened or lengthened according to an applicant’s contribution, conduct and integration in the UK and no longer based on residence alone. Changes to the Immigration Rules are expected from December 2026, with implementation across 2027.
A 3-year route is reserved for those earning above £125,141 and a “Highest Talent Group”, which is awaiting a Migration Advisory Committee report, due by the end of December 2026. This has to be earned for at least 3 of the 4 years before making the application.
A 5-year route applies to those earning £50,271 earned in at least 3 of the 5 years before applying. 5 years are also retained for those in health and education roles on the national pay scale, such as doctors, nurses and teachers, and to people with a recognised British connection (such as those married to a British citizen or with an ancestral connection).
Everyone else starts on the 10-year default. For those on the 10-year pathway, a sustained contribution of £12,571 per year income is required.
Exemptions will apply to children, people aged 65 and over, or those with a physical or mental disability.
Anyone with an adult immigration breach, such as overstaying or unauthorised working, or recent reliance on public funds, faces a minimum of 20 years, regardless of higher earnings or other positive contributions.
Whatever the pathway, every adult applicant must satisfy a fixed set of conditions. These include a clean UK criminal record, so that any conviction, including a court imposed fine or a discharge, will likely lead to refusal. English language must be demonstrated at CEFR level B2 rather than B1, this is expected to apply from 26 March 2027. Further requirements will remain in place such as no unpaid government debts, including NHS charges and tax and a pass in the Life in the UK test.
The 10-year long residence route is also being withdrawn, although no date has yet been confirmed. Periods spent on temporary visas, including visit, student, graduate, youth mobility and seasonal worker, will no longer counts towards settlement. Different routes cannot be combined, for example, switching from family route to skilled worker, restarts the clock.
Partners and children
Under the Fairer Pathway to Settlement, a partner who arrives with the principal applicant will continue to be able to settle at the same time, provided they meet the relevant requirements. A partner who joins later will need to complete the same qualifying residence period before settling.
Children under 18 will continue to be able to settle with their parents. They will be exempt from the income, government debt, English language and Life in the UK test requirements, but will remain subject to the relevant suitability and criminality requirements.
Children who have spent seven years or the majority of their life in the UK will remain on their existing settlement arrangements. Young adults aged 18 to 24 who retain child-dependant status will continue to be able to settle alongside their family. They will be expected to meet the adult mandatory requirements, but will not need to meet the individual income/earnings requirement. Those who is aged 25 or over when their family becomes eligible for settlement will be expected to qualify independently or move onto an appropriate immigration route in their own right.
Volunteering
Whilst this was part of the government’s initial plans, volunteering as a way to reduce settlement periods are not being taken forward.
Vulnerable groups
Some groups face exceptional circumstances which mean it would be disproportionate to require them to follow the standard Earned Settlement pathways. They will therefore remain on their existing settlement arrangements.
- Bereaved Partners: Eligible applicants will continue to be able to apply for settlement immediately where the partner on whom their immigration status depended on has died, rather than completing a standard Earned Settlement qualifying period.
- Unaccompanied asylum-seeking children: Existing five-year settlement arrangements.
- Children in local authority care: Existing bespoke settlement arrangements.
- Children and young adults with insecure immigration status who have grown up in the UK: Existing 5-year settlement arrangements.
- Victims of Domestic Abuse: Eligible applicants will continue to be able to apply for immediate settlement where the relationship on which their immigration status depended has broken down because of domestic abuse.
Transitional Period and Existing Care Workers
There is no blanket protection for current visa holders, but some groups who were already in the UK before the publication of the Immigration White Paper on 12 May 2025 will benefit from transitional arrangements.
- Care workers who complied with their visa conditions and earned at least £25,000 will remain on a 5-year route, while those who fall short may apply for a further 5-year care visa.
- Workers in healthcare and education occupations below RQF6 that are on a national pay scale for the purposes of the Immigration Rules, such as nursing auxiliaries and teaching assistants, will retain a five-year route to settlement if they came to the UK before the May 2025 Immigration White Paper publication and meet the requirements of their visa.
- Changes under the previous government in 2024 substantially increased the Skilled Worker salary threshold, with transitional arrangements for workers already in the route to extend their stay under the previous salary thresholds. At that time, these transitional arrangements were given a sunset date of 2030, designed to give workers a reasonable chance to complete their five-year qualifying period for settlement. But with the qualifying period for settlement extended to 10 years for workers in roles below RQF6 (and who are not subject to other exemptions), we will provide a transitional arrangement for this cohort so they can extend their visas on their current terms until 2035.
Table 1: Pathways to Settlement
| Minimum Residence | Who is this pathway for? | Must have | Must not have |
| 3 years | People making an exceptional economic contribution to the UK. | One of:
• Earned £125,141 for 3 years (or 3 of the last 4 years) • Qualifies through the Highest Talent Group16
|
• Accessed public funds in the last 5 years • Committed a qualifying immigration breach
|
| 5 years | People making a strong contribution to the UK, including higher earners, public service workers, people with a British connection. | One of:
• Earned £50,271 for 3 of the last 5 years • Worked in an eligible public service occupation for 5 years17 • British connection • Meets all mandatory requirements
|
• Accessed public funds in the last 5 years • Committed a qualifying immigration breach
|
| 10 years | The starting point for anyone playing by the rules and making a contribution to the UK. |
• Earned £12,571 for 5 of the previous 7 years • Meets all mandatory requirements
|
• Accessed public funds in the last 5 years • Committed a qualifying immigration breach
|
| 20 years | People whose immigration non-compliance or access to public funds prevents them from qualifying for an earlier pathway. |
• Earned £12,571 for 5 of the previous 7 years • Meets all mandatory requirements
|
• None
|
Refugees:
Successful asylum seekers, will be granted Core Protection to remain in the UK while they continue to need protection, but the normal qualifying period for permanent settlement would increase to 20 years.
Refugees on Core Protection who subsequently moved into sustained work, education or training would be able to move onto the Protection Work and Study route and qualify for settlement after 10 years of moving onto the work or study route. Anytime spent on the Core Protection route will not count towards the 10 years.
Refugees admitted through designated Safe and Legal routes would retain a shorter 5-year route to settlement.
Those who arrives illegally, will have an additional 10 years to wait, so in total 30 years.
Refugees will generally be expected to meet the same core requirements as other applicants seeking settlement, including requirements relating to contribution, English language at B2 unless entered on a safe route when A2 is required, knowledge of life in the UK, criminality and use of public funds. Where an individual has received asylum support and is required to repay those costs, they will also need to demonstrate that they have met their repayment obligations. This will mean either repaying the amount owed in full or demonstrating sustained compliance with an agreed repayment plan.
Table 2: Refugee Pathways to Settlement
| Pathway | Who is this pathway for? | Minimum Residence Period | Must have |
| Safe and Legal Routes | Refugees admitted through the UK Resettlement Scheme and other designated resettlement or sponsorship routes | 5 years | Meet the requirements of the route. UK Resettlement Scheme refugees will need A2 English. There is no requirement to have been off public funds for five years. |
| Protection Work and Study | Refugees granted protection in the UK who move into sustained work, education or training | 10 years on this route | Be in sustained work, education or training. If working, earn at least £12,571 a year for three years; have B2 English; and pass the Life in the UK test. If required to repay asylum-support costs, repay them or keep up with an agreed repayment plan. Have not entered the UK illegally. |
| Core Protection | Refugees granted protection in the UK who do not move into sustained work, education or training | 20 years | Have B2 English and pass the Life in the UK test, alongside the other mandatory settlement requirements. If required to repay asylum-support costs, repay them or keep up with an agreed repayment plan. Have not entered the UK illegally. |
Next steps
Much detail remains outstanding, including when the changes will come into effect, how earnings will be calculated and the position of vulnerable groups. The Home Secretary stated:
“Those who contribute most will settle fastest. Those who don’t play by the rules will be refused or wait much longer.”
https://www.gov.uk/government/news/home-secretary-unveils-new-rules-for-migrants-settling-in-the-uk
Employers should audit their sponsored workforce, while individuals should check for outstanding debts, plan for the higher English standard and seek advice if they have a criminal record or have been relying on long residence.
If you have questions or need guidance on your route to settlement, please contact us.
André Minnaar
Partner, Head of Immigration
