Earned Settlement: Proposed UK Settlement Pathways for 2027

Overview

On 2 November 2026, the Home Secretary announced further details of Earned Settlement — a new framework expected to change how foreign nationals qualify for Indefinite Leave to Remain (ILR). Instead of applying a fixed qualifying period to each visa category, the period may be shortened or extended according to income, contributions, connections to the UK, use of public funds, immigration compliance history and protection circumstances.

These changes could significantly affect workers, care workers, families with dependants, people relying on 10-year Long Residence and those granted protection in the UK. This article explains the 3-, 5-, 10- and 20-year pathways, the mandatory requirements and the steps to consider before the new rules are introduced.

The Government has not announced blanket transitional arrangements for everyone who has already started a settlement route. Apart from groups covered by targeted protections, the Government response states that settlement applications will generally be considered under the Immigration Rules in force at the date of decision. The precise effect will depend on each Statement of Changes and its accompanying transitional provisions.

What is Earned Settlement?

Earned Settlement is a proposed settlement model linking the qualifying period for ILR to an individual's contributions and compliance. Under the announced framework:

• 10 years will become the default qualifying period for many applicants;
• the period may be reduced to 5 years or 3 years where income, occupation, talent or UK connection criteria are met;
• some applicants may face a 20-year pathway or longer because of immigration breaches, continued receipt of certain public funds or their particular protection route;
• adult dependants may have to meet requirements in their own right, rather than automatically obtaining settlement alongside the main applicant;
• the separate 10-year Long Residence route is expected to close.

The changes concern more than the number of years spent in the UK. ILR applicants are also expected to meet requirements relating to income, English language, Life in the UK, character, debts owed to the taxpayer and immigration compliance.

How would the 3-, 5-, 10- and 20-year pathways work?

The 3-year ILR pathway

Applicants may be able to qualify for settlement after 3 years if they fall within a specified group, for example:

• those with employment income of at least £125,141 in 3 of the 4 years immediately before applying for ILR; or
• those within the Highest Talent group, which is expected to include certain applicants with exceptional talent or innovation credentials.

The precise scope of the Highest Talent Group remains subject to further expert review. It should therefore not be assumed that everyone holding Global Talent, Innovator Founder or another specialist visa will automatically qualify after 3 years.

The 5-year ILR pathway

The proposed 5-year pathway may apply where an applicant:

• has employment income of at least £50,271 in 3 of the 5 years immediately before applying for ILR;
• works in a specified public health or education role, is paid according to national pay scales and meets the requirements of the route;
• has a recognised connection to the UK, including certain partners, parents or children of British citizens, or qualifies under UK Ancestry;
• falls within a specified safe and legal resettlement route; or
• belongs to a transitional group protected by the Government.

Employment in the NHS, a school or the public sector does not automatically confer an entitlement to settlement after 5 years. The job title, occupation code, pay scale, date of entry to the route and visa conditions may all determine the outcome.

The default 10-year pathway

For many people who do not qualify for a reduction, the proposed default qualifying period is 10 years. The announced economic contribution requirement is employment income of £12,571 in 5 of the 7 years immediately before applying for settlement, unless an exemption applies.

These thresholds are linked to relevant tax thresholds and may change. Technical rules on acceptable income, supporting evidence and the treatment of tax years have yet to be issued.

When could the pathway be 20 years or longer?

The 20-year qualifying period may apply in connection with:

• certain specified immigration breaches committed as an adult;
• continued receipt of specified public funds;
• the Core Protection route for people granted protection who did not arrive in the UK through a specified safe and legal route.

In some protection cases involving illegal entry, the period may be longer. However, the safeguards under Article 31 of the Refugee Convention, the date of the asylum claim and transitional provisions must be considered. It is therefore not possible to conclude that every case involving illegal entry will attract the same waiting period.

Mandatory requirements for ILR under Earned Settlement

Even after completing the required period of residence, applicants must still meet the minimum requirements. The final details will be set out in the Immigration Rules, but the announced framework includes the following main requirements.

1. Character and suitability

The Government has stated that adults with a UK criminal record will be refused settlement under the new framework. The proposed scope covers a range of criminal disposals, not only imprisonment, including:

• custodial or suspended sentences;
• conditional cautions;
• court fines;
• community sentences;
• certain discharges and civil orders associated with a conviction.

For overseas convictions, the conduct must correspond to an offence in the UK; decision-makers may still take account of differences between legal systems. The announced policy does not mean that every offence will result in a permanent bar. For offences committed when the applicant was under 18, the Government has stated that discretion will be retained, taking account of the circumstances and seriousness of the offence.

2. No unresolved debts owed to the taxpayer

Debts that may be checked include:

• NHS debt;
• unpaid tax and National Insurance;
• Home Office litigation debt;
• certain debts relating to asylum support.

Where a person is required to repay asylum support costs, the Government has stated that they may meet the requirement by paying in full or demonstrating consistent compliance with an agreed repayment plan. The treatment of other debts will depend on the final wording of the Immigration Rules. Applicants should review their position early, rather than waiting until shortly before applying.

3. English language at B2 level

The proposed standard English language requirement is B2. Existing exemptions for children, people aged 65 or over and those unable to meet the requirement because of a physical or mental condition are expected to remain.

Achieving C1 will not automatically shorten the settlement qualifying period. For certain people under the UK Resettlement Scheme, a separate A2 requirement may apply, with a temporary exemption from the Life in the UK Test until a suitable test is available.

4. Life in the UK Test

Adult applicants will generally still have to pass the Life in the UK Test, unless an exemption applies. Having lived in the UK for a long time or previously studied in English does not automatically replace this requirement.

5. Sustained economic contributions

Rather than assessing income at a single point in time, the proposed system would assess an applicant's “best years” within a specified period:

• 3 of 4 years for the 3-year pathway;
• 3 of 5 years for the 5-year pathway;
• 5 of 7 years for the 10-year pathway.

This approach may assist people who have an unusually low-income year, but it also makes retaining P60s, payslips, HMRC records and employment evidence particularly important.

How could public funds affect the ILR qualifying period?

People seeking settlement through a 3-, 5- or 10-year pathway are expected to have to demonstrate that they have not accessed specified public funds in the 5 years immediately before applying for settlement. According to the Government's example, a person who is not exempt may need to complete a continuous 5-year period without accessing those funds. If they continue to access them, they may have to complete 20 years on a qualifying route before becoming eligible, while still meeting the other mandatory requirements.

However, the specific list of benefits, protections for vulnerable people and exemptions have not yet been published in full. It should therefore not be assumed that any form of support will necessarily lead to a 20-year pathway. The precise benefit, the person claiming it, the dates of receipt and the applicant's route must be identified.

How is 10-year Long Residence expected to change?

One of the most significant proposed changes is the closure of the separate 10-year Long Residence route. Under the new framework, only time spent on routes designated by the Government as qualifying would count. These include core permission, certain talent or innovation routes, Family and Private Life, Core Protection Work and Study, Core Protection and specified Safe and Legal routes. Not every route in this group would qualify for every 3-, 5-, 10- or 20-year pathway.

Periods that are expected not to count

The published list includes time spent on routes such as:

• Visitor;
• Student;
• Graduate;
• Global Business Mobility;
• Temporary Worker;
• Youth Mobility Scheme;
• Seasonal Worker;
• Overseas Domestic Worker;
• High Potential Individual;
• Ukraine schemes;
• Certain periods of Leave Outside the Rules.

At present, time spent on the Student or Graduate route may still count towards Long Residence if the rules currently in force are met. The exclusion would arise only when the relevant changes formally take effect. Transitional provisions will be particularly important for people who have already accumulated almost 10 years.

Switching routes may restart the qualifying period

Time spent on protection routes or certain human rights grounds is not expected to be combined with time on work or family pathways to meet the required qualifying period. When a person switches to a new pathway, the “clock” may restart on that pathway.

Anyone considering switching from the Student, Graduate, protection or family route to Skilled Worker should not base their decision solely on the number of years they have already spent in the UK. Calculating qualifying residence correctly requires consideration of the type of permission, start dates, gaps in residence and transitional rules.

Transitional arrangements for care workers and the public sector

Care workers who entered the route before the May 2025 White Paper

Care workers who entered or switched to the route before the May 2025 White Paper may retain a 5-year pathway if they:

• earn at least £25,000;
• have valid sponsorship;
• are in genuine employment in the sector;
• meet the strengthened mandatory requirements.

If they do not qualify for settlement after 5 years, some may be able to apply for a further 5-year Health and Care visa. However, this visa would remain restricted to genuine sponsored employment in the sector and would continue to be subject to No Recourse to Public Funds.

Care workers who entered the route after the May 2025 cut-off are expected to follow the default 10-year pathway, unless they qualify for a reduction under other criteria.

From 1 February 2027, care workers who lose their jobs because their sponsor's licence is revoked are expected to have up to 120 days to secure a new job offer and a further 60 days to resolve their immigration status. This arrangement would not apply to every instance of job loss.

Health and education workers in roles below RQF 6

Certain people working in health or education roles below RQF 6, paid according to national pay scales and already on the route before May 2025, may benefit from one-off transitional protection retaining the 5-year qualifying period. This is not a permanent entitlement for everyone entering the same occupation in the future.

How would refugees and people granted protection be affected?

The framework distinguishes between protection pathways:

• people arriving through certain specified safe and legal routes may be able to qualify for settlement after 5 years;
• people on Core Protection may generally face a 20-year pathway;
• people switching to Protection Work and Study may follow a 10-year pathway, but previous time on Core Protection would generally not count towards the new pathway;
• illegal entry may increase the qualifying period, but the safeguards under the Refugee Convention and appropriate transitional provisions must be applied.

Certain groups will continue to have separate arrangements, including the UK Resettlement Scheme, Hong Kong BN(O), the Afghanistan schemes, Windrush, Armed Forces, vulnerable children, bereaved partners and victims of domestic abuse. “Separate arrangements” does not necessarily mean that every requirement will remain unchanged; the Immigration Rules will need to be examined to establish the requirements applying to each group.

For people outside the Safe and Legal routes who made an asylum claim before 2 March 2026, the policy document states that time already spent with refugee status will count towards settlement. For those granted protection before Protection Work and Study is introduced, the Government has yet to provide further details on how previously accumulated time will be treated.

Would dependants still be able to settle alongside the main applicant?

Partners who arrive with the main applicant

Partners who arrive in the UK with the main applicant may be considered for settlement at the same time if they meet the relevant requirements. Partners arriving later would generally have to complete their own qualifying period of residence, calculated from their date of arrival in the UK.

Children under 18

Children under 18 may be able to settle with their parents and are expected to be exempt from requirements relating to:

• income;
• debts owed to the taxpayer;
• English language;
• Life in the UK.

However, children would still be subject to the relevant suitability and criminality requirements. Existing provisions for children who have lived in the UK for 7 years or for most of their lives are expected to remain.

Dependants aged 18 to 24

People aged 18 to 24 who continue to meet the requirements for child dependant status may be able to settle with their families. They would have to meet the mandatory requirements for adults but are not expected to have to meet an individual income threshold.

Dependants aged 25 or over

People who are already aged 25 or over when their family becomes eligible for settlement are expected to have to qualify in their own right or switch to an appropriate route. The detailed treatment of individual family circumstances remains to be set out.

Can couples combine their income to meet the requirement?

Eligible couples may rely on a combined income of £25,142. One person may meet the full threshold alone, or both may combine their incomes, provided that the relationship is genuine and subsisting.

Only one person in the couple may rely on the other's income. This is not a general mechanism for combining the income of all family members and should not automatically be applied to adult children.

Which proposals were dropped following consultation?

Following consultation, the Government is not proceeding with several initial proposals:

• there will be no separate 15-year pathway for all roles below RQF 6; the proposed standard qualifying period is 10 years;
• volunteering will not reduce the settlement qualifying period;
• C1 English will not reduce the qualifying period.

The Government received more than 200,000 consultation responses. However, the official report notes that respondents were a self-selecting group, so the results cannot be treated as statistically representative of the public as a whole or of all stakeholders.

What should people preparing to apply for ILR do now?

If you are in the UK on a work, family, care, protection or Long Residence route, you should review your circumstances before the changes formally take effect:

• Map your immigration history: record each type of permission, its start and expiry dates, and any gaps;
• Check the transitional cut-off dates: particularly if you entered your route before May 2025 or are approaching 5 or 10 years;
• Gather income evidence: P60s, payslips, HMRC employment history and employment contracts;
• Review debts and public funds: identify the type of debt or benefit, when it arose or was received, and the repayment position;
• Assess each dependant's circumstances: partners arriving later and children approaching 18 or 25 may have different timelines;
• Avoid switching routes hastily: changing pathways may alter your ILR eligibility date;
• Monitor Statements of Changes: policy headlines do not replace the precise wording of the Immigration Rules.

How can Alstern Solicitors help?

Unsure whether Earned Settlement could bring your ILR eligibility date forward or push it back?

The immigration solicitors at Alstern Solicitors can review your full residence history, identify potentially applicable routes and transitional provisions, and assess income, public funds, debts, criminality and plans for dependants.

Through trusted legal services in the UK and clear UK settlement advice, we help you understand the risks before applying or switching visas.

Contact Alstern Solicitors for an assessment of your circumstances.