Confused by the UK Government’s earned settlement proposal? Here's what visa holders need to know
Being able to stay in the UK without a visa time limit can make a real difference to plans for work and family life. That permission is known as settlement or indefinite leave to remain (ILR).
Proposed ILR changes have raised questions for people expecting to be able to settle after completing five years residence here. Headlines can make a proposal sound like a rule that already applies.
Rachel Evans, Partner & Head of Private Immigration at Broudie Jackson Canter, explains the proposed ILR changes, what the ten-year headline means for different routes and why settlement plans need individual advice.
Will ILR changes mean everyone needs ten years?
Not necessarily.
Under the immigration rules in place today there are several visa routes which can lead to settlement. The majority of these require a five-year or ten-year qualification period of residence in the UK.
Last year the Home Office proposed a ten-year qualifying period as a starting point for ILR. They proposed a new system where migrants would "earn" settlement through their contribution to the UK. That would mean the qualifying period would be longer than ten years for some but also in some cases much shorter and as little as three years.
The proposals set out stricter basic requirements for settlement, preventing people with any criminal convictions or in receipt of low incomes from eligibility. The proposal to increase the English requirement has already been announced and for most ILR applications made on or after 26 March 2027 level B2 English will be required instead of B1.
Although the government indicated previously that the new rules would apply to people already living in the UK on various routes to settlement, they have yet to confirm if this will be the case or if the new system would only apply to new entrants.
The published consultation on earned settlement closed on 12 February 2026 and we are now awaiting the full proposals following that consultation.
Key takeaways
- Ten years is the proposed starting point but an individual’s qualifying period would vary depending on their personal circumstances rather than the route they are on.
- Meeting a residence qualification period will not guarantee an ILR grant.
- Existing visa holders who are on a route to settlement cannot assume that the current rules will be protected.
- Each family member's position will need to be considered.
What would earned settlement mean for ILR?
Earned settlement is the government's proposed way of deciding when someone can settle, with a ten-year starting point that could be shortened or extended subject to an individual’s specific circumstances.
The consultation policy document sets out the factors that could affect how long the residence requirement might be.
The proposed assessment has four areas:
| Proposed area | What it concerns |
|---|---|
| Character | Conduct and compliance with immigration requirements |
| Integration | English language and knowledge of life in the UK |
| Contribution | Earnings and other recognised contributions |
| Residence | Time spent living in the UK |
Your own required residence period for settlement would then depend on a combination of the above factors as well as the future confirmation of how the rules will apply to people who are already living in the UK on a current route to settlement. .
Could UK ILR changes affect people already living here?
Yes. The published proposal says the new system is intended to cover people already in the UK who have not yet been granted ILR, though this is not yet confirmed.
Transitional arrangements may be introduced to explain whether and how new rules will affect existing visa holders. They might preserve previous conditions for some people, but that protection is not guaranteed by the proposal.
Someone approaching five years residence on a five-year route to settlement such as skilled worker or family route would be advised to apply for ILR as soon as they are able, in case the new rules negatively impact their eligibility..
Our guide to UK settlement options explains why routes differ.
Who could qualify sooner under the UK settlement proposals?
The proposals appear to maintain the current five-year qualifying period for parents, partners and children of British citizens who meet the core requirements for the family route, and for people on the Hong Kong British National (Overseas), or BNO, route.
The policy also describes possible reductions in the residence requirement linked to earnings, community contribution and specified public-service jobs requiring degree-level skills or above. These could allow some people to qualify for settlement after as little as three years of qualifying residence.
Who could face a longer wait for settlement?
The separate fifteen-year proposal concerns people on employer-sponsored Skilled Worker visas whose jobs have skill requirements below degree level. It does not mean that every NHS worker or person on a Health and Care Worker visa would face that wait.
What should you check before applying for UK ILR?
Settlement advice starts with your visa route and its conditions.
A news report cannot tell you whether you qualify now, or whether changing route would help.
Useful information to have available includes:
- Your current permission and its expiry date.
- Previous visa decisions and any changes of route.
- Details of time spent outside the UK.
- Each family member's immigration position.
This helps our specialist private immigration team understand your position, but it is not a complete application checklist.
If you are nearing a possible qualifying date for settlement, early advice can help to clarify your options.
What else should you know about UK settlement?
Long residence, citizenship and EU settled status
Has the ten-year long residence route been abolished?
No. Currently the long residence route still provides for settlement after ten years of lawful, continuous residence, subject to its other conditions. However, the policy proposes ending that separate route so if you think you might be eligible for ILR on the basis of long residence you should apply as soon as you can.
Is ILR the same as British citizenship?
No. ILR is permission to live in the UK without a time limit; British citizenship is a separate status. The government's settlement guidance explains that ILR can be a step towards citizenship but does not automatically make someone British.
Would people who already have ILR need to qualify again?
No. If you already have Indefinite Leave to Remain in the UK you do not need to apply again.
However, it is possible to lose your ILR in limited circumstances. A person who had ILR under the current rules and loses it, may then be subject to the earned settlement rules once they come into force.
Are EU Settlement Scheme cases part of these proposals?
No. The published consultation excludes the EU Settlement Scheme from these settlement reforms. Someone with EU pre-settled status can continue rely on the requirement of the current Appendix EU for their future settlement in the UK.
How can Broudie Jackson Canter help with UK ILR changes?
Knowing which conditions apply can be difficult when reports mix proposals with current rules. Broudie Jackson Canter's private Immigration team can help you understand your options and what needs checking before you apply.
Whether you are approaching eligibility for Indefinite Leave to Remain, planning your long-term future in the UK, or concerned about how potential changes could affect your circumstances, our solicitors can provide clear, practical advice based on the rules as they stand today. We will explain the requirements, identify any issues that may need addressing, and help you take informed steps with confidence.
Please give us a call, request a callback or make an enquiry to see how we can help.