UK Earned Settlement: A new path to Indefinite Leave to Remain

By Megan Summers and James Edmonds

After much speculation since the consultation closed in February 2026, the Government has announced significant reforms to the way migrants will qualify for settlement in the UK. Under the new “earned settlement” model, most migrants will no longer qualify for settlement after five years. Instead, the qualifying period will vary according to individual contribution, earnings and compliance with immigration requirements.

A new tiered approach to settlement

Perhaps the most significant change is the introduction of a tiered system that could significantly shorten or extend the path to settlement, depending on an individual's circumstances.

The qualifying periods include:

• Three years for migrants earning over £125,141 per year and certain highly skilled migrants, including some on the Global Talent and Innovator Founder routes. 
• Five years for migrants earning more than £50,271 per year, alongside certain public service workers such as doctors, nurses and teachers. 
• Ten years as the new standard qualifying period for most migrants who do not qualify for a reduced or increased settlement period. 
• Twenty years or more for individuals who have breached certain immigration rules or otherwise fall short of the required standards of compliance.  

The earned settlement model marks a significant departure from a system based primarily on time spent lawfully resident in the UK. Instead, earnings, contribution and compliance will play a far greater role in determining how quickly an individual can qualify for settlement.

Crucially, the reforms will apply to migrants already in the UK, not just future arrivals. With only limited transitional protection for certain care, healthcare and education workers, many who expected to become eligible for settlement after five years could instead face a ten-year or longer route to settlement.

New mandatory requirements

Applicants for settlement will also need to satisfy mandatory requirements concerning criminality and character, English-language ability, debts owed to the taxpayer and sustained National Insurance contributions. 

What about care workers and other protected routes?

The Government has announced specific transitional arrangements for care workers and certain healthcare and education workers in lower skilled roles on national pay scales. 

Workers who were granted their visas before 12 May 2025, who have complied with their visa conditions, and for care workers who earned at least £25,000 a year, will retain the five-year qualifying period. Care workers who do not qualify within the initial five-year period may apply for a further five-year visa, giving them an additional opportunity to demonstrate the required contribution before seeking settlement. 

Some routes will also remain outside the new framework. The Government has confirmed that family members of British citizens, Hong Kong British Nationals (Overseas) and members of the Armed Forces will retain their existing settlement pathways.

What happens next?

The changes are due to be introduced in stages, with the first changes coming into effect from December 2026.  The Government has indicated that further technical guidance and a full impact assessment will be published in due course.

What should employers and visa holders be considering now?

Anyone who is already eligible for settlement and does not stand to benefit from a shorter qualifying period should consider applying for settlement before the new rules take effect.

Meanwhile, employers should also be prepared for questions from migrant workers about the impact these changes will have on them.

The extension of settlement qualifying periods is likely to result in significantly higher sponsorship costs. Employers should factor this into budget forecasts and longer-term workforce planning, and assess whether alternative routes, such as the Global Talent visa, may be viable given the shorter qualifying period for settlement.

If you would like advice on these changes, or on how your business can best prepare, please get in touch with your usual Burges Salmon contact or a member of the business immigration team.