Earned Settlement — What It Means for Your ILR
The Government's proposed contribution-based settlement model, its current status, and what it means for your Indefinite Leave to Remain application.
Is earned settlement law yet?
Earned settlement is NOT in force. No consultation response has been published and no Immigration Rules have been laid. The current qualifying period remains 5 years for most routes.
What Earned Settlement Is
Earned settlement is the Government's proposal to replace time-served settlement with a contribution-based model. Instead of qualifying for Indefinite Leave to Remain after a fixed period of residence, applicants would need to demonstrate contributions across four stated pillars:
Character
Demonstrating good character and compliance with UK law.
Integration
Evidence of integration into British society and community life.
Contribution
Economic and social contributions to the UK.
Residence
A minimum period of continuous residence in the UK.
The proposal originates from the 2025 Immigration White Paper and the November 2025 Command Paper “A Fairer Pathway to Settlement” (Command Paper CP 1448, November 2025). Read the full consultation document on gov.uk
Timeline
Key events in the earned settlement proposal, from the Home Secretary's statement to Parliament to the present day.
Home Secretary announces the proposal
The Home Secretary makes a statement to Parliament announcing the Government's intention to replace time-served settlement with an earned settlement model.
SourceConsultation document published
The Government publishes the consultation document “A Fairer Pathway to Settlement” (Command Paper CP 1448, November 2025), setting out the proposed contribution-based settlement model.
SourceWestminster Hall debate
A Westminster Hall debate is held after two petitions pass 100,000 signatures. Minister for Migration and Citizenship Mike Tapp confirms intent to proceed in principle; states retrospectivity and transitional arrangements remain under review.
SourceConsultation closes
The consultation closes after receiving over 200,000 responses — one of the largest immigration responses in recent years.
SourceHome Secretary indicates later enactment
The Home Secretary indicates the finalised policy will be enacted later in the year. Ministers have since pointed to autumn 2026.
SourceHome Affairs Committee report
The Home Affairs Committee publishes its report “Earned Settlement: Examining the Government’s proposed reforms”. The report does not support the proposed 10, 15, and 20-year baselines.
SourceNo consultation response published
No consultation response has been published. No draft Immigration Rules have been laid. No commencement date has been announced.
What Is Proposed
| Category | Proposed Baseline |
|---|---|
| Most applicants | 10 years |
| Work routes below RQF level 6 | 15 years |
| Refugees on the core route | 20 years |
Reductions (applicant may elect only ONE — the most favourable)
| Basis for reduction | Reduction |
|---|---|
| Taxable income above £125,140 for 3 consecutive years | Up to −7 years |
| Taxable income above £50,270 for 3 consecutive years | Up to −5 years |
| Community contribution / recognised voluntary work | −3 to −5 years |
| Partner/parent/child of a British citizen meeting the core family requirement | −5 years |
Source: A Fairer Pathway to Settlement, CP 1448, November 2025
Extensions
Immigration breaches, criminal convictions, or recourse to public funds can extend the period substantially. The consultation illustrates waits of up to 30 years. Overall, the proposed range runs from 3 to 40 years, assessed case by case. Source: House of Commons Library briefing
Earned Settlement Estimator — What Would This Mean for Me?
Enter your visa route and current salary to see an illustrative comparison between the current 5-year qualifying period and the proposed earned settlement model. This is for illustration only — earned settlement is not law.
Earned Settlement Estimator
This is NOT law. The figures below are illustrative estimates based on the Government's unconfirmed “earned settlement” proposal. The current qualifying period remains 5 years for most routes. Do not make decisions based on these numbers.
Reductions are based on the consultation document “A Fairer Pathway to Settlement” (CP 1448, November 2025). Only one reduction may be applied — the most favourable. The estimator assumes the salary threshold is met for 3 consecutive years. This is a simplified illustration; the actual rules, if enacted, may differ.
Does It Affect Me?
Confirmed out of scope
- People who already hold ILR
- People with settled or pre-settled status under the EU Settlement Scheme
- People covered by Windrush arrangements
Proposed in scope
- Everyone in the UK who has not yet been granted ILR, including those part-way through a five-year route
The single biggest open question is transitional arrangements. No transitional arrangements have been published and no assurance has been given to people close to eligibility. Anyone claiming to know the transitional position is guessing. Until the Government publishes its consultation response, nobody can say with certainty how people already on a five-year route will be treated. Source: House of Commons Library briefing
When Could It Start?
No commencement date exists. There is an important precedent: Rules can be laid long before they take effect. The higher B2 English requirement for settlement was written into the Immigration Rules in March 2026 but does not come into force until 26 March 2027. The settlement changes could follow the same pattern, pushing the practical start date well beyond the date the Rules appear. Source: House of Commons Library briefing
What to Do Now
Apply under current rules if you are eligible
If you are already eligible or become eligible soon, applying under current rules removes the uncertainty entirely. Check your qualifying date with our ILR calculator.
Keep absence records
Maintain records of your time outside the UK. Whether the qualifying period stays at 5 years or changes, continuous residence will remain a requirement. Read our absences guide.
Do not plan around a 10-year timeline
The 10-year model is a proposal, not law. Planning your life around a timeline that does not exist could mean waiting years longer than necessary.
Seek professional advice for your circumstances
For advice specific to your situation, consult an OISC-registered immigration adviser or an SRA-regulated solicitor. This guide provides information, not immigration advice.
Frequently Asked Questions
Is earned settlement law yet?
No. As of August 2026, the Government has not published its consultation response, no Immigration Rules have been laid, and no commencement date has been announced. The current qualifying period remains 5 years for most routes and 10 years for Long Residence.
Will ILR change from 5 years to 10 years?
The Government has expressed intent to proceed with a 10-year baseline, but the proposal has not become law. A Home Affairs Committee report in March 2026 did not support the proposed 10, 15, and 20-year baselines. Until Rules are laid and commenced, the qualifying period remains 5 years for most routes.
Does earned settlement apply to me if I am already on a 5-year route?
If the proposal becomes law, it could apply to everyone who has not yet been granted ILR, including those part-way through a five-year route. However, no transitional arrangements have been published and no assurance has been given to people close to eligibility. This is the single biggest open question.
When will earned settlement start?
No commencement date exists. There is a precedent for Rules being laid long before they take effect: the higher B2 English requirement for settlement was written into the Immigration Rules in March 2026 but does not come into force until 26 March 2027. The settlement changes could follow a similar pattern.
Will I lose my ILR if the rules change?
No. People who already hold ILR are confirmed out of scope. Existing grants of Indefinite Leave to Remain are unaffected by the proposed changes.
Can I still apply for ILR after 5 years right now?
Yes. The current qualifying period is 5 years for most routes. If you are eligible or become eligible soon, applying under the current rules removes the uncertainty entirely. Use our ILR calculator to check your qualifying date.
Is ILR increasing to 10 years?
The Government has proposed a 10-year baseline for most applicants under the earned settlement model, but this has not become law. A Home Affairs Committee report in March 2026 did not support the proposed 10, 15, and 20-year baselines. Until the Government publishes its consultation response and lays new Immigration Rules with a commencement date, the qualifying period remains 5 years for most routes.
When will earned settlement come into effect?
No commencement date has been announced. Ministers have pointed to autumn 2026, but this is not a formal commitment. There is precedent for Rules being laid long before they take effect: the higher B2 English requirement for settlement was written into the Immigration Rules in March 2026 but does not come into force until 26 March 2027.
What are the new ILR rules for 2026?
No new ILR rules have been laid for 2026. The earned settlement proposal remains under consultation. The only confirmed change affecting settlement in 2026 is the higher B2 English requirement, which was written into the Immigration Rules in March 2026 but does not come into force until 26 March 2027. All current ILR applications are assessed under the existing 5-year (or 10-year Long Residence) qualifying period.