The UK government has announced the most significant reform of its legal migration system in fifty years.
That’s a big statement in a year of almost relentless changes and updates. The key new concept you will be hearing a lot about is ‘earned route to settlement’, an idea first brought up in May’s Immigration White Paper.
So, in this article, we will discuss what this actually means in real terms and how it will change the way individuals are assessed for settlement purposes. We will cover what both individuals and businesses need to know, who will be most affected and who won’t, the consultation process, and why working with an immigration lawyer is important during these turbulent times.
Let’s get started.
Changes to the process for UK visa holders
Currently, most migrants can apply for settlement (also known as ILR or indefinite leave to remain) after five years in the UK. It means you can live permanently in the UK and no longer hold a temporary visa or have an immigration status tied to an employer or sponsor. It’s essentially the final step after years of temporary residence and having to renew visas.
Settlement doesn’t grant full citizenship (such as the right to vote) but it does provide a level of security and certainty so the person can live, study, work and build a long-term life in the UK along with all that entails.
But under the new system, the process to reach this point will change significantly. Once the new rules come into effect, settlement or ILR will be a privilege earned by those who demonstrate economic contribution, integration into British society, and a clean record of conduct.
Confused by the earned settlement framework? Talk to an immigration lawyer today.
What is the new earned settlement model?
Under the government’s proposed earned settlement framework, the baseline qualifying period for most visa routes will increase from five years to ten years.
This is a major extension that will affect a wide range of migrants, including:
· Skilled workers
· Students transitioning to work visas
· Dependants
For certain low-paid roles, particularly in health and social care, the baseline could be extended to 15 years. Meanwhile, migrants reliant on benefits may face a 20-year wait, with illegal entrants and visa overstayers waiting up to 30 years.
In contrast, high-value migrants will have accelerated pathways. These include:
· NHS doctors
· Nurses
· High earners
· Entrepreneurs
· Individuals paying higher levels of National Insurance
How will earned settlement be assessed?
The earned settlement model will be assessed using these criteria:
1. Character: A clean criminal record is essential although it’s not yet clear what will be deemed ‘criminal’ in this context. It’s possible that debts to public bodies like the NHS or HMRC could also negatively impact a person’s eligibility.
2. Integration: Applicants have to show English proficiency at level B2 which is equivalent to A-level English. Volunteering and community work may also positively impact the assessment.
3. Contribution: Migrants need to meet minimum earnings thresholds over three to five years, but it will depend on their visa type. This ensures that settlement is tied to an individual’s economic productivity.
4. Residence: Continuous lawful residence in the UK remains a central requirement, though positive contributions to society may allow some flexibility.
Note: Under the earned settlement model, dependants must independently meet English language and contribution requirements.
Will individual circumstances play a role?
While ten years will serve as the baseline for most routes, the government has outlined potential reductions and extensions based on individual circumstances:
- Reductions: Individuals who are considered high earners, as well as NHS frontline staff and entrepreneurs may reduce their qualifying period to 3-5 years. Those who show exceptional integration (this would include volunteering or mastery of English) may also benefit. Immediate family members of UK citizens, along with holders of Hong Kong BN(O) status, will retain the existing five-year pathway.
- Extensions: Medium-skilled workers in sectors such as health and social care, hospitality, and construction may face longer pathways, particularly if their earnings fall below the threshold. Dependants who cannot meet contribution requirements may also have extended timelines.
Restrictions on claiming benefits
Access to benefits and social housing could potentially be restricted to British citizens only. Under this framework, settlement alone would no longer grant automatic eligibility for public funds. This is yet to be confirmed.
Who is not affected?
- Dependents of British citizens will remain on a pathway to settlement of 5 years (under Appendix FM) but no confirmation yet whether spouse/ partner visas sponsored by an ILR holder would be included
- Individuals and family of BNO holders from Hong Kong will continue to qualify for settlement after 5 years. They will need to meet some additional requirements in earnings and English language
- Global Talent and Innovator Founder visa holders will remain on a pathway to settlement of three years though unclear this will also apply to Global Talent applicants endorsed under “exceptional promise”, which currently lead to settlement after five years
Implications for visa holders and employers
If you’re a visa holder, it’s understandable that you might be concerned, particularly if you think you may now face a significantly longer pathway. For employers, there could be additional levels of admin, as well as longer sponsorship periods and higher costs. Whether you are an individual visa holder or a business that sponsors workers, talking to an immigration expert can help guide you through the process.
Transitional arrangements
It’s not yet clear whether these new measures will apply retrospectively to those already in the UK and the potential for ‘transitional arrangements’ may allow current visa holders to benefit from an easier route. But as yet, there is nothing definite though it has been suggested that this might be considered for “borderline cases”.
The consultation process is now underway (concluding on 12 Feb 2026) and is an opportunity for both employers and individuals to have their say. After that date, the Home Office will revert with its final decision.
Some of the key issues likely to surface during the consultation include whether the new rules should apply to migrants already living in the UK, which occupations should qualify for faster settlement, how medium-skilled roles and dependants should be assessed, and what adjustments may be made for high-earners and those demonstrating strong community contribution.
Working with a UK immigration lawyer
The earned settlement framework represents a huge change to the UK’s immigration system. While high-skilled migrants and key public service workers may benefit from accelerated routes, medium-skilled and low-income migrants could face extended and more uncertain pathways.
Partnering with an experienced immigration lawyer during these turbulent times can make a real difference. A legal specialist can help you understand the changes as they are announced and ensure you are compliant with the latest Home Office requirements. Contact us today to find out more.
