Home Office Launches Consultation on New “Earned Settlement” System

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The Home Office has opened a major consultation on its proposed “earned settlement” model, which would fundamentally change the route to Indefinite Leave to Remain (ILR). The plan would increase the standard qualifying period from five to ten years and introduce new criteria based on an applicant’s contributions to the UK.The 60-page policy paper, A Fairer Pathway to Settlement, outlines how settlement would become an earned privilege rather than an automatic stage of long residence. The consultation is open until 11:59pm on 12 February 2026, with implementation expected from April 2026.

Key Proposals

  • “Earned settlement” framework built around four pillars:
    Character, Integration, Contribution, and Residence
  • Longer qualifying periods:
    • Standard ILR route: 10 years
    • Lower-skilled workers (below RQF 6): 15 years
  • Accelerated routes for:
    • High earners, entrepreneurs, Global Talent and Innovator Founder visa holders (3 years)
    • Frontline public-service workers (5 years)
  • Integration-based reductions possible for strong English proficiency, community volunteering, and higher tax contributions.
  • Significant delays for certain groups:
    • Visa overstayers or those who entered illegally: up to 30 years
    • Migrants who have relied on benefits: 20 years, alongside proposals to restrict benefits access to citizens only
  • Character requirements tightened, including a clean criminal record and no outstanding debts.
  • Transitional arrangements for current migrants remain subject to consultation.
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Crucially, the Home Secretary has confirmed that the new rules would apply to all migrants currently in the UK who have not yet been granted ILR. Individuals approaching eligibility in the coming years may therefore face the new 10-year requirement and additional criteria once rule changes take effect.

The Government states the aim is to reward long-term integration and economic contribution, while applying stricter standards to those who place greater fiscal pressure on public services. 

The Home Office’s new consultation on “earned settlement” confirms sweeping reforms to the UK’s settlement framework, including significant changes affecting Health and Care visa holders and other low-wage migrants. 

The Government describes the package as the biggest overhaul of the legal migration system in nearly 50 years, applying to almost two million migrants who have arrived since 2021.

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The consultation raises specific concerns about low-wage Health and Care visa holders with non-working dependants, noting the potential long-term fiscal impact. Under current rules, many in this group could access benefits and council housing after five years, meaning eligibility would begin from 2027 for most recent arrivals.

The Government is now consulting on a 15-year minimum qualifying period for settlement for this cohort.

The proposed system moves ILR away from a near-automatic process and instead introduces a 10-year baseline that can be adjusted up or down depending on an individual’s:

  • Character (including a clean criminal record and immigration compliance)
  • Integration (e.g., higher-level English proficiency, community involvement)
  • Contribution (earnings, public-service roles, volunteering)
  • Residence (lawful and continuous stay)

Reductions would be available for strong economic performance or exceptional service, while penalties would increase the qualifying period for benefit use, overstaying, illegal entry, or entry as a visitor, potentially extending routes to as long as 30 years.

Faster ILR would remain for spouses/partners of British citizens and BN(O) residents. 

High earners, Global Talent/Innovator Founder migrants, and senior public-service workers could also qualify earlier.

  • The longstanding long-residence route would be abolished, with time reductions instead assessed under contribution and integration criteria.
  • Dependants of skilled workers would no longer automatically mirror the main applicant’s ILR timeline and would be assessed individually.
  • Benefits access may be restricted to citizens, not merely those with ILR.
  • Special consideration is being sought for children, armed forces personnel, and victims of crime.

The Home Office intends for the new rules to apply to anyone who has not yet obtained ILR when the changes take effect. The consultation seeks views on whether transitional protections should apply to migrants already on a settlement pathway.

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