Earned Settlement: what does the Government’s response mean for migrants and employers?

There are some welcome changes from the original proposals. However, the fundamental change remains: for many people, the standard qualifying period for settlement will increase from five years to 10 years, with no transitional periods being implemented.

The Government’s aim is to move away from a system based largely on time spent in the UK towards one where settlement is ‘earned’ through contribution, integration and compliance.

So, what could this mean in practice for non-British or Irish individuals?

A new 10-year starting point

We previously touched on the fiscal focus of the proposal, as well as how this could affect Skilled Workers. 

Under Earned Settlement, the default qualifying period will be 10 years, but some people will be able to qualify sooner:

• 3 years: for those making an exceptional economic contribution, including people earning at least £125,141 who meet the relevant requirements;
• 5 years: for those earning at least £50,271, certain eligible public service workers and people with recognised British connections;
• 10 years: the standard route for those meeting the minimum contribution requirements; or
• 20 years: potentially applicable where certain immigration breaches or access to public funds prevent someone from qualifying sooner.

The salary thresholds will not necessarily have to be met throughout the entire qualifying period. The Government plans to introduce a ‘best years’ approach, allowing the strongest earning years within a specified period to be considered. This should provide some flexibility for people taking maternity or parental leave, dealing with illness or taking time out for caring responsibilities.

New requirements for settlement

It is not only the length of time required to settle that is changing.

Applicants will also face strengthened and stricter requirements relating to character, contribution, integration and immigration compliance.

The English language requirement for settlement is expected to increase from CEFR Level B1 to B2, subject to applicable exemptions.

Applicants will generally also need to have no outstanding Government debt, while certain criminal convictions and immigration breaches could have a significant impact on whether, and when, settlement can be granted.

What about Skilled Workers?

This is likely to be one of the biggest areas of concern. Many Skilled Workers currently expect to qualify for settlement after five years. Under the new framework, someone who does not meet the requirements for an accelerated pathway could instead face a 10-year journey to settlement. That raises an important question of fairness.

Many people already in the UK have built careers, bought homes, started families and made long-term plans based on their expected route to settlement. Employers have also invested considerable time and money in recruiting and sponsoring them.

There will not be blanket transitional protection for everyone already on a route to settlement.

Interestingly, the Government's own modelling estimates that a Skilled Worker earning £41,700 could make a positive lifetime net fiscal contribution of around £347,000.

So, if someone has worked, paid tax and National Insurance, complied with their visa conditions and contributed to the UK for five years, have they not already been ‘earning’ their settlement?

What about families and dependants?

We previously reported on the potential effects on dependants. There is better news for families. Following the consultation, the Government has moved away from requiring dependant partners to earn settlement entirely independently. 

Eligible couples will be able to combine their income to meet a household contribution requirement, while partners who arrive at the same time should generally be able to settle together where the relevant requirements are met. Children under 18 will also generally continue to be able to settle with their parents.

However, longer settlement periods could create additional complications for families, particularly where children reach adulthood before their parents become eligible to settle.

What about care workers and public sector workers?

The Government has introduced targeted protections for some existing workers. We previously reviewed the effect on medical workers. Eligible workers in specified health and education occupations, including certain doctors, nurses and teachers, will also continue to benefit from a five-year route.

Certain care workers who entered or switched into the route before the Immigration White Paper was published in May 2025 will retain a five-year pathway where they meet the relevant salary, sponsorship, employment and other requirements. Watch this space for our next article in the series, discussing the care sector. 

This reflects an important concession following the consultation: salary alone does not necessarily reflect the value of someone's contribution to the UK.

Significant changes to long residence

Another major development is the proposed closure of the existing Long Residence route.

Currently, people can potentially qualify for settlement following 10 years of continuous lawful residence, including time spent on routes which do not themselves lead directly to settlement.

Under Earned Settlement, time spent on temporary routes such as Student, Graduate, High Potential Individual and Global Business Mobility will no longer count towards settlement simply because someone later reaches 10 years of lawful residence. This could significantly affect people who spend several years studying or working in the UK before switching into a route which leads to settlement.

So, is Earned Settlement really more fair?

There are certainly positive changes from the original proposals. The proposed 15-year pathway for workers in occupations below RQF Level 6 has been dropped, greater protection has been given to families and vulnerable groups, and public service is being recognised more clearly.

But the question of fairness remains. For people who are already in the UK, particularly Skilled Workers who arrived expecting a five-year route to settlement, the absence of blanket transitional protection could feel very much like the goalposts are being moved halfway through the game.

The Government estimates that, as a result of Earned Settlement, more than 500,000 people could become eligible for settlement later than they would under the current system.

For affected individuals and employers, this makes early immigration planning more important than ever.

What happens next?

Although the Government has now provided much more detail, further Immigration Rules and guidance will be needed before the new system is implemented.

Our Immigration team will therefore be publishing a series of articles on Earned Settlement, taking a closer look at what the proposals mean in practice for different groups.

We will cover:

• care workers and public service workers;
• criminality;
• how this will affect vulnerable individuals, as well as family members; and
• the practical steps individuals and businesses can start considering now.

For many people, the key question will no longer simply be “When can I apply for settlement?”

It may instead be: “Which settlement pathway am I now on, and what can I do now to protect or accelerate my route to settlement?”

Watch this space for the next article in our series