Earned Settlement: How the UK’s New Immigration Model Changes the Path to ILR

The UK Government has proposed the biggest shift to immigration law in half a century. On 20 November 2025, Home Secretary Shabana Mahmood announced a new model for permanent settlement: the “Earned Settlement” system. If approved, it will fundamentally change how long migrants must wait to apply for Indefinite Leave to Remain (ILR), and what is expected of them to qualify.

What Is Earned Settlement?

Unlike the current system, where most migrants become eligible for ILR after five years of lawful residence, the new proposal introduces a ten-year baseline. However, this timeline can either be shortened or extended depending on a person’s conduct, integration, contributions, and circumstances.

The idea is to move away from a one-size-fits-all model and toward a system where settlement is considered a privilege earned through tangible contribution to the UK.

Key Changes at a Glance

  • The default timeline for settlement will double from five to ten years.
  • Skilled Workers and most visa holders will now face the 10-year track.
  • Certain low-paid workers, such as health and care staff in non-degree level roles, may wait 15 years.
  • Migrants who have accessed public funds for over 12 months may have to wait 20 years.
  • Illegal entrants, overstayers or visit visa switchers could face a 30-year path to ILR.

Can You Still Qualify Sooner?

Yes. The new framework rewards those who meet enhanced standards. For example:

  • Speaking English to an advanced (C1) level could reduce the timeline by a year. 
  • Earning over £125,140 for three consecutive years might allow settlement in just three years. 
  • Public sector workers such as teachers, nurses or social workers could qualify in five years. 
  • Global Talent visa holders remain eligible for ILR after just three years. 

Likewise, voluntary work and community contribution may also help reduce the timeline under the consultation.

Who Is NOT Affected?

If you already hold ILR or settled status, these changes will not apply to you. Also unaffected are those under the EU Settlement Scheme, Windrush Scheme, Armed Forces routes, and partners or children of British citizens on the five-year family route.

Who IS Affected?

Nearly two million migrants who arrived after 2021 may be affected. This includes:
  • Skilled Worker and Health & Care visa holders
  • Family route migrants on the 10-year track
  • Humanitarian routes with settlement options
  • Long residence applicants (as this route is being scrapped)
  • Migrants with periods of overstaying or benefit reliance
Dependants of migrants will now be assessed independently rather than automatically following the principal applicant’s path.

New Barriers and Requirements

To qualify for ILR under the new system, applicants must:
  • Hold a clean criminal record
  • Speak English at a minimum B2 level (A-level standard)
  • Show evidence of sustained National Insurance contributions
  • Be free from public debt, including tax or NHS arrears
Failure to meet these standards will delay or disqualify applicants. In some cases, the waiting time could be extended significantly.

When Will the Changes Come into Effect?

The new system is still under consultation. The Government is inviting feedback on issues such as:
  • Whether transitional arrangements should be introduced
  • How to treat dependants fairly
  • The impact on humanitarian applicants
This consultation will remain open until 12 February 2026. Any changes introduced after that may apply to existing visa holders who have not yet reached ILR status.

What Should You Do Now?

If you are:
  • Planning to apply for ILR soon: aim to do so before any changes come into effect.
  • On a Skilled Worker visa or similar route: review your earnings, integration, and contribution record.
  • Unsure how the new rules apply to you: seek advice now to avoid future barriers.

Need Advice on ILR or Visa Planning?

At Arlingsworth Solicitors, we have helped thousands of migrants navigate complex changes to immigration law. If you are concerned about how these proposed reforms could affect you or your family, speak to one of our expert immigration solicitors.

📞 01273 696962
 📩 info@arlingsworth.com

Disclaimer: This article is for general information only and does not constitute legal advice. For personalised guidance, please speak to one of our qualified solicitors.