Skip to main content
Get Legal Advice
<h1>Earned settlement: What we know</h1><p>This page will be updated as we get more information about the implementation of the &quot;earned settlement&quot; policy.</p>

Earned settlement: What we know

This page will be updated as we get more information about the implementation of the "earned settlement" policy.

‹ Back to all News

On Monday, the Home Secretary Shabana Mahmood announced her plans to implement "Earned Settlement", the set of policies first announced in May 2025 which will make it much harder for most people to settle in the UK.  

We have already shared our anger that so many voices have been ignored and so much evidence of the harm these policies will cause has been dismissed. You can read our response here.  

This is our explainer, for the communities we work with and represent, of what has been announced and what it will mean for people. As we get further information, we will update this page, so you can save this URL. 

We know this is causing huge anxiety for everyone impacted and their loved ones. Please take care of yourself as you read through this information. We stand with you.

What is settlement? 

Settlement is also known as Indefinite Leave to Remain (ILR). It’s a goal that many thousands of people are working towards, counting on the relief and security that settlement will bring. Attaining settlement means no longer having to worry about visa fees, being turned away from state support, or waiting for Home Office decisions. 

When are these changes coming in? 

These proposals were first announced in May 2025, and in November 2025 the government opened a consultation on them. The latest announcement by the Home Secretary confirms the changes that will be made but they are not yet law. This requires a statement of changes to the immigration rules which has not yet been published. We think this will come on the 3rd of December 2026. After that, different parts of the policies will be implemented on different dates – we understand implementation will happen throughout 2027. Keep looking out for further information from us, and if you can, seek legal advice on your specific situation.  

If you are eligible to apply for settlement now, and have not done so, it is very important that you apply as soon as possible. Get legal advice if you can, but you can also make the application on your own. See this guide from the Right to Remain Toolkit.  

Who is not impacted? 

People on the EU Settlement Scheme are not impacted at all by the earned settlement changes. 

Some groups will have to meet new mandatory requirements for settlement (see below) but will keep the routes to settlement that are currently available to them. These are: 

  • Partners and parents of British citizens (exactly who this applies to is unclear, but we expect that people will have to have met requirements for a family visa) 

  • Commonwealth citizens on the Ancestry route with a UK born grandparent 

  • People on the Hong Kong BN(O) route, Afghan schemes, and legacy safe and legal routes  

  • People applying through the Windrush Scheme 

  • Some children and young people: unaccompanied asylum-seeking children, children in local authority care, and children and young adults with insecure immigration status who have grown up in the UK 

  • People applying for ILR as bereaved partners or as victims of domestic abuse. 

Who is impacted?  

Almost everyone who is currently in the UK and not a British citizen, and does not yet have ILR, will be impacted by the changes. People who are not high earners are likely to face the worst impacts. As we understand it, the new settlement rules will apply regardless of when you arrived in the UK (with an exception for some care workers – see below). They will also apply to refugees who currently have refugee status but not settlement. 

New mandatory requirements for settlement 

There will be new requirements people have to meet at the point of applying for ILR, regardless of length of their route to settlement. For some people, the new level of these requirements will make it very difficult for them to ever settle in the UK. They are:  

Income 

There is a new minimum income requirement for settlement: £12,571 a year for at least three years prior to applying to settlement or in 5 of the 7 years prior to applying to settlement.  

However, the Home Office says that there will be exemptions: "This will include children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition." 
It will also be possible to meet the requirement by combining earnings as a household, so for example if one partner does not work, the other can cover it. The minimum income for a couple will be double the rate for an individual – so £25,142. 

These thresholds relate to income tax thresholds – £12,571 is the minimum income for National Insurance contributions. This means that if these tax thresholds change in future the minimum income for settlement will also change. 

English language 

There is already an English language requirement for settlement, which is currently level B1. The new requirement for English language will be B2, a higher level. For refugees who arrive through the UK Resettlement Scheme the English requirement will be A2 (a lower level). 

Criminal convictions 

The Home Office says that no adult with any criminal record will be eligible to settle. This is significantly harsher than the current rules which say that applications for ILR will be refused for anyone who has received a custodial or suspended sentence of 12 months or more.  
According to the Home Office, a criminal record includes “custodial or suspended sentences, out-of-court disposals such as absolute and conditional discharges, conditional cautions, court-imposed fines, community sentences, detention and training orders, and civil orders where there has been a conviction”. Overseas convictions will also be reason for refusal unless it is for conduct which is not a criminal offence in the UK. 

If the criminal record is from when the person was under 18, refusal of ILR will not be automatic. 

Debt to the government 

Having outstanding debt to the UK government will be another reason to refuse settlement. This includes: "NHS debt; tax debt, including unpaid tax; and National Insurance contributions; and litigation debt owed to the Home Office". For refugees, the Home Office has separately announced people may be told to pay back asylum support payments. They will need to have either paid back in full or be complying with a repayment plan in order to settle.  

Length of route to settlement 

In addition to the new mandatory requirements, for almost everyone we work with, the new earned settlement changes will mean they have to wait longer to apply for ILR. 

The “standard qualifying period” for ILR will go from 5 to 10 years. That means the period during which someone has to make repeated applications for limited leave to remain, without a break in leave, before being allowed to apply for ILR. This period will be reduced or increased, according to how people are judged to have contributed. Settlement routes will now range between 3 years (for high earners) and 30 years.  

Some people will have access to shorter routes based on how much they earn and the sector they work in. People earning above £50,270 will keep a 5-year route and people earning above £125,141 will have a 3-year route. People working in certain public sector health and education roles will also keep a 5-year route. The full list of those occupations can be found at Annex C of this document (p. 54). 

People may face routes to settlement longer than 10 years if they have accessed benefits in the last 5 years, arrived in the UK “illegally”, or have an "immigration breach", like overstaying a visa, in their past.  

We have explained what we think routes to settlement will look like for different key groups below.  

People currently on a 10-year route to settlement  

We work and campaign with people who are currently on a 10-year route to settlement on the basis of their right to family or private life – often parents of British children. We have documented and shared the impact of this long route, which leaves families in financial instability and debt, impacting their family life, mental wellbeing, and sense of belonging. Our understanding is that the length of the route will not automatically change - it will stay at 10 years on a basic level. However, lots of people under this route may be impacted by other measures which lengthen routes to 20 years. 

Public funds 

To qualify for settlement, people must not have accessed public funds (most benefits) in the previous 5 years. If they are accessing public funds and continue to do so, they will instead be on a 20-year route. 

We are deeply concerned about the choices this leaves people with and the fact that it will punish people who accessed benefits while having no idea it might affect their settlement in the future.  Discouraging people from accessing benefits they are entitled to will leave families in deep poverty, too fearful to ask for help. We don’t yet know if there will be any exceptions to this penalty and we continue to argue that people must not be punished for accessing benefits.  

Immigration breaches 

Often people on the 10-year route have previously had problems with their immigration status or periods of no status, for example if they have fallen out of status and overstayed a visa. According to the Home Office, "specified immigration breaches" will lead to a 20-year route to settlement. We don't yet know the full detail of how this will be applied or if there will be any exceptions until the statement of changes to the immigration rules is published.  

Refugees 

The Home Office has already announced some changes to refugee routes to settlement. There will now be a number of different routes for refugees depending on different factors, ranging from 5 to 30 years. The new system is very complex and we don't yet know how it will work in practice, but this is what we understand according to the Home Office announcement:

  • The main settlement route for refugees - people who have been granted refugee status as they have a recognised claim to protection - will be known as "Core Protection" and will be a 20-year route.  

  • There will be a "Core Protection Work and Study" route for refugees who are in sustained work or education, which is a 10-year route to settlement (still double the current 5-year route for refugees). People will be able to move onto this route from Core Protection.

  • However, for people who had no choice but to arrive "illegally" - for example, on a small boat – a further 10 years will be added. There will be some protection from this penalty from the Refugee Convention but it is not yet clear how it will work.  

  • The relatively small number of people who have arrived or will arrive on resettlement routes will keep a 5-year route to settlement. 

  • This means that people who arrived irregularly in the UK may have a route to settlement of up to 30 years. 

The Home Office says that people who currently have refugee status and do not yet have settlement will be moved onto the Core Protection route. We know this is devastating news for the 200,000 people who are affected, and could mean that some people who were close to settling may now face an added 25 years before they are able to. 

This is an unacceptable betrayal. People who have sought safety need security in order to rebuild their lives, not endless limbo.   

Nobody should ever be waiting decades for settlement. We and many others will be fighting against these long routes to settlement for refugees and all those impacted.  

People on a 5-year work visa 

The original consultation on earned settlement contained a 15-year route for people on health and social care visas and other work visas below RQF level 6. This 15-year route has been taken out of the plans, which is good news for workers in these professions and the result of successful campaigning led by workers directly affected. There is also a special arrangement for care workers who arrived before the publication of the May 2025 Immigration White Paper. 

  • Care workers who entered, or switched into, the care worker visa route before May 2025 will keep a five-year route if they have a salary of £25,000 a year or more (and meet the other mandatory settlement requirements above). 

  • Care workers who have not been able to meet this salary requirement – often because of fraudulent employers who did not offer the work promised – will be given a “further opportunity” to meet the requirements and can apply for a further five-year health and care visa 

  • The government says it will work with care leavers who have lost their sponsor (for example, because their license has been revoked) to find a new one. From 1 February 2027, care workers in this situation will have up to 120 days to get a secure job offer, and a further 60 days to resolve their visa and employment status. 

Other workers:  

  • People working in certain public sector health and education roles will also keep a 5-year route to settlement. The full list of those occupations can be found at Annex C of this document (p. 54). 

  • People in jobs not on this list which are paid below £50,270, and care workers who arrived after May 2025, will have a 10-year route to settlement.  

Resources 

We know this news is devastating for so many of the people we work with and support. We know people may be struggling with their mental health at this time. At GMIAU we always have and always will stand strong with the people harmed by the violence of immigration controls. We will continue to share advice and information as we learn more about how these plans will be implemented and how they can be challenged.  

For now, please look after yourselves, your friends and community. Here are some resources that may help: 

Sign up to our Newsletter

Get resources, news, events and more directly to your mailbox. You can unsubscribe at anytime.

Exit Site