Earned settlement confirmed: what the new ILR rules mean for you
On 2 November 2026 the government published its final decision on “earned settlement”: the plan to make most people wait 10 years, rather than 5, before they can apply for indefinite leave to remain (ILR). If you are on a visa and planning to settle in the UK, this affects you.
Last reviewed 2 November 2026 · 10 min read
5-year ILR advice
Settlement after 5 years: requirements, absences and costs.
Find out moreThe most important point first: the Immigration Rules have not changed yet. Today’s announcement sets out what the new system will look like. The detailed rules, a start date and further guidance will come later. Until then, the current five-year routes still apply.
The short answer
Settlement will normally take 10 years. Higher earners (£50,271 or more), public service workers in health and education, and partners of British citizens will still be able to settle after 5 years, and the highest earners after 3. Everyone will need B2 English, a clean record and no debts to the government. No start date has been given. If you can apply for ILR under the current rules, the safest course is to apply as soon as you qualify.
Not sure which pathway applies to you?We’ll go through your dates, earnings and immigration history and tell you where you stand under the current rules and the planned changes.
What the government announced on 2 November 2026
The government published its response to the earned settlement consultation, which received 204,667 responses. The Home Secretary set out the policy to Parliament the same afternoon. The central change is that the time you must spend in the UK before you can settle will depend on your contribution, your character and your immigration history, rather than mainly on time spent here.
The government has also dropped one of the harshest proposals. Workers in jobs below degree level (RQF 6) will not face the 15-year wait that was consulted on. They will be on the standard 10-year path, with the chance to qualify sooner.
The new settlement timelines
These are the pathways in the government response. The earnings figures are linked to income tax thresholds, so they will move if those thresholds change.
| Wait before you can settle | Who qualifies |
|---|---|
| 3 years | The highest earners: £125,141 or more in 3 of the last 4 years, or the “highest talent” group |
| 5 years | Earnings of £50,271 or more in 3 of the last 5 years; or 5 years in an eligible health or education job; or a British connection, such as the partner, parent or child of a British citizen, or the UK Ancestry route |
| 10 years | The new standard for everyone else earning at least £12,571 in 5 of the last 7 years |
| 20 years | People who have claimed public funds in the last 5 years, or who have a specified immigration breach as an adult, such as overstaying |
You cannot use the 3, 5 or 10-year pathways if you have claimed public funds in the last 5 years or committed a “qualifying immigration breach”. Separate rules apply to refugees, including a longer wait for people who arrived by small boat.
The requirements everyone must meet
Whatever your pathway, you will need to meet minimum requirements that cannot be offset by a high salary or public service:
- Good character and suitability. The Home Office says applicants will need a clean criminal record. This is a much stricter test than today’s rules.
- No debt to the government. This includes NHS debt, unpaid tax and National Insurance, and legal costs owed to the Home Office.
- English at B2 level. This is the level of an A level in a foreign language. Children, people aged 65 and over, and people with a physical or mental condition that prevents them are exempt. B2 is already due to apply to many settlement applications made from 26 March 2027 under rules laid earlier this year.
- The Life in the UK test.
- Sustained contribution. Earnings of at least £12,571 a year for at least 3 years. Couples will be able to combine their earnings (£25,142 between them), and periods such as maternity leave are allowed for by looking at your best years.
Who keeps the current arrangements
Some groups stay outside the new framework or keep a 5-year path, although most will still need to meet the stricter criminality and English requirements:
- Partners, parents and children of British citizens, and people on the UK Ancestry route: a 5-year pathway through their British connection.
- Hong Kong British Nationals (Overseas): settlement after 5 years.
- Members of HM Armed Forces and their families.
- Bereaved partners and victims of domestic abuse: they can still apply to settle straight away.
- The EU Settlement Scheme is not affected.
Anyone who already has ILR keeps it. The government has said settled status will not be removed from people who already hold it.
What happens to people already in the UK
This is the question most people are asking, and the answer is not reassuring for everyone. The government says that, unless transitional rules say otherwise, settlement applications are decided under the rules in force at the time. It has created protection only for specific groups who were already in the UK before the Immigration White Paper was published in May 2025:
- Care workers who came to the UK on, or switched into, the care worker route before May 2025 keep a 5-year route if they earn at least £25,000 a year and meet their visa conditions. Those who do not qualify after 5 years can apply for a further 5-year Health and Care visa to try again.
- Health and education workers below degree level on a national pay scale, such as nursing auxiliaries and teaching assistants, who came before May 2025, keep a 5-year route.
- Skilled Workers sponsored before April 2024 on the old, lower salary rules will be able to keep extending their visas on those terms until 2035.
The government is clear that these arrangements “do not create a wider exemption for everyone already living in the UK”. If you are a Skilled Worker earning under £50,271 and none of these apply to you, plan on the basis that you could be on the 10-year path once the new rules start.
Are you in a protected group?We’ll check your arrival date, job and earnings against the transitional arrangements, and tell you what to do before the new rules start.
Long residence: the 10-year route will close
At the moment, anyone with 10 years’ continuous lawful residence in the UK can apply for ILR through the Long Residence route, even if much of that time was on visas that do not lead to settlement themselves, such as Student or Graduate visas. Under earned settlement, the Long Residence route will close.
In its place, only time on routes intended for long-term residence will count towards settlement. These include Skilled Worker, family (partner and parent) routes, UK Ancestry, Global Talent, Scale-up and Innovator Founder. Time on these temporary routes will not count:
- Student and Graduate
- High Potential Individual and Youth Mobility
- Global Business Mobility, Temporary Worker and Seasonal Worker
- Visitor and Overseas Domestic Worker
- the Ukraine schemes, and leave outside the Rules (the government will set out its approach to leave outside the Rules separately)
Time on protection or human rights routes (for example refugee or Article 8 permission) also cannot be added to time on work or family routes. If you move between them, your qualifying period starts again on the new route.
The government response does not set out any protection for people part-way to 10 years’ long residence. It says only that specific groups, such as care workers who arrived before May 2025, have transitional arrangements.
What this means for you:
- If you already have 10 years’ continuous lawful residence, or will soon: the Long Residence route is still open under the current rules. Check your continuous residence now (no more than 180 days outside the UK in any 12-month period, with older limits for trips before 11 April 2024) and apply as soon as you qualify.
- If you are several years short and much of your time was on Student or Graduate visas: plan on the basis that this time may not count once the new rules start. Moving onto a route that leads to settlement, such as Skilled Worker or a partner visa, is likely to matter more than before.
- If you have had a gap in your permission or an overstay: get advice before you apply. A break in lawful residence can mean you do not qualify for long residence, and under the new system an immigration breach can put you on the 20-year path.
Read our long residence guide for the current requirements.
Families
A partner who comes to the UK with the main applicant will still be able to settle at the same time, if they meet the requirements. A partner who joins later will need to complete the same qualifying period first.
Children under 18 will still be able to settle with their parents. They will not need to meet the earnings, government debt, English or Life in the UK requirements. Young adults aged 18 to 24 who are still dependants can settle with their family without meeting the earnings requirement. Anyone aged 25 or over when their family becomes eligible will normally need to qualify on their own.
When will the changes start?
No date has been announced. The government says its next step is to turn the framework into detailed Immigration Rules, and that it will publish technical guidance and a full impact assessment before the changes are implemented. New rules are normally laid before Parliament in a Statement of Changes, usually some weeks before they take effect. We will update this page when that happens.
One detail to watch: the government response says applications are normally decided under the rules in force on the date of the decision, while the Home Office press release says the rules apply “at the point of application”. The detailed rules should make clear which date counts. Either way, applying as soon as you qualify is the safest course.
Get an email when the new rules are published
The Immigration Rules for earned settlement have not been published yet, and there is no start date. When the Home Office publishes them, we’ll email you what changed, who it affects and what to do next.
We only use your email for what you ticked, sent through our email provider, MailerLite. We’ll send you an email to confirm first. Every email has a one-click unsubscribe link. We can’t give advice on your case by email: for that, book a consultation. See our Privacy Policy.
What to do now
- If you can apply for ILR under the current rules, or will soon: do not wait. Check your continuous residence and absences, your English and the Life in the UK test now, so you can apply the day you qualify. Our ILR calculator works out your earliest date and checks your trips →
- If you earn close to £50,271: keep your payslips and P60s. Your earnings history over the last 5 years may decide whether you settle after 5 years or 10.
- If you are married to, or the partner of, a British citizen: your 5-year path stays, but the stricter English and criminality requirements will still apply.
- If you came as a care worker before May 2025: keep evidence of your salary and your genuine work in the sector. You may keep your 5-year route.
- If you are on a Student or Graduate visa: your time will not count towards settlement under the new system. Plan your next visa with that in mind.
- Avoid anything that could put you on the 20-year path: claiming public funds in the 5 years before you apply (even benefits you are entitled to may count; the government will confirm which ones), overstaying, or working in breach of your conditions.
Every case is different, and the detail will matter. If you are not sure where you stand, book a consultation and we will look at your dates, earnings and immigration history with you. You can also read our guide to 5-year ILR.
Frequently asked questions
What is earned settlement?
Earned settlement is the government’s new system for indefinite leave to remain (settlement). The standard wait becomes 10 years instead of 5, and people can settle sooner through their earnings, an eligible health or education job, or a British connection. The government confirmed the framework on 2 November 2026 in its response to the earned settlement consultation. The Immigration Rules have not changed yet.
Has the 10-year ILR rule started?
No. On 2 November 2026 the government confirmed the policy. The Immigration Rules have not changed yet, and no start date has been given. The current 5-year routes still apply until new rules are laid and come into force.
When will earned settlement come into effect?
No date has been set. The government will first write the detailed Immigration Rules and publish technical guidance and a full impact assessment. New rules are normally laid before Parliament in a Statement of Changes, usually some weeks before they take effect. Until then, the current 5-year routes still apply. Get an email when the rules are published.
Will earned settlement be retrospective?
Not for people who already have ILR: the government has said settled status will not be removed from anyone who holds it. For people still working towards settlement, the new rules are expected to apply to settlement applications once they start, even if you came to the UK years earlier. The government says there is no wider exemption for people already living here, only protection for specific groups, such as care workers who arrived before May 2025. The detailed rules should make clear whether the application date or the decision date counts.
What is the new ILR salary threshold?
Under the plans, earning £50,271 or more in 3 of the last 5 years lets you settle after 5 years, and £125,141 or more in 3 of the last 4 years after 3 years. Below that, the standard wait is 10 years, which needs earnings of at least £12,571 in 5 of the last 7 years. Care workers who came before May 2025 keep a 5-year route if they earn at least £25,000 a year, and some health and education workers keep a 5-year route too. The figures are linked to income tax thresholds, so they may change.
Does earned settlement apply to BNO visa holders?
Hong Kong British Nationals (Overseas) on the BNO route keep settlement after 5 years, according to the government’s response. Most people in groups that keep a 5-year path will still need to meet the stricter criminality and English requirements, so check the detailed rules when they are published.
Will the 10-year rule apply to people already on a 5-year route?
It is likely to, once the new rules start, unless you qualify for a shorter pathway (for example through your earnings or a British connection) or you are in one of the protected groups, such as care workers who arrived before May 2025. The government has said there will be no wider exemption for people already in the UK.
I earn more than £50,271. Can I still settle after 5 years?
Under the new framework, yes, if you earned at least £50,271 in 3 of the last 5 years and meet all the mandatory requirements, including B2 English and a clean record.
Does this affect spouse visa holders?
Partners of British citizens keep a 5-year pathway through their British connection. The stricter mandatory requirements, including B2 English, will still apply.
I have 8 years in the UK on Student and Graduate visas. Can I still get long residence?
Probably not, if the Long Residence route closes before you reach 10 years: the government response does not mention any protection for people in your position, and under the new system Student and Graduate time will not count towards settlement. If you are some years short, get advice now about moving onto a route that leads to settlement.
Is the Long Residence route closed now?
No. It stays open until new Immigration Rules close it, and no date has been set. If you already qualify, apply as soon as you can.
Will I lose my ILR?
No. The government has said settled status will not be removed from anyone who already holds it.
Sources
- Earned settlement: consultation outcome and government response, GOV.UK, 2 November 2026
- Home Secretary unveils new rules for migrants settling in the UK, GOV.UK, 2 November 2026
- Earned settlement: Home Secretary’s statement to Parliament, GOV.UK, 2 November 2026
- Immigration Rules, GOV.UK (checked 2 November 2026: no changes for earned settlement yet)
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Book a consultationThis article is general information, current at the date shown. It is not legal advice on your case.
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