UK Government Announces New “Earned Settlement” Proposals: Key Changes to ILR Routes

The UK Government has released detailed proposals to reform the UK settlement rules, introducing a new “earned settlement” system that would significantly reshape how migrants qualify for Indefinite Leave to Remain (ILR). These plans—outlined by the Secretary of State for the Home Department (SSHD)—confirm that the standard qualifying period for settlement will increase from 5 to 10 years for most applicants.

This represents one of the most far-reaching updates to UK immigration law in over a decade and is now open for public consultation.

Mandatory Requirements Under the Proposed Earned Settlement System

Under the model, all applicants will be required to satisfy new “baseline” requirements, which act as absolute bars to settlement if not met. These include:

A clean criminal record
English language ability at A-Level standard
Sustained National Insurance contributions
No outstanding UK debt

These mandatory conditions would apply across the board and are central to the government’s shift towards a more “contribution-led” approach.

Accelerated Routes to Settlement: Who Could Qualify Earlier?

The proposals introduce a tiered, merit-based framework that rewards certain contributions to the UK’s economy or public services:

Degree-level English proficiency – settlement after 9 years
Higher-rate taxpayers – settlement after 5 years
Top-rate taxpayers and Global Talent visa holders – settlement after 3 years
Public service workers (doctors, nurses, teachers) – settlement after 5 years
Volunteers – settlement after 5 to 7 years (under consultation)

Some groups retain their current rules:

Partners of British citizens – 5 years
Hong Kong BN(O) route applicants – 5 years
Windrush Scheme and EU Settlement Scheme – unchanged

Extended Settlement Periods: Who May Need to Wait Longer?

The government also proposes extended routes for some categories:

Benefits claimed under 12 months – settlement after 15 years
Benefits claimed over 12 months – settlement after 20 years
Unlawful entrants – settlement could take up to 30 years

For protection routes:

Refugees on core protection – 20 years
Refugees via safe and legal routes – 10 years

Expert Commentary: What These Changes Could Mean in Practice

The proposed earned settlement system marks a decisive shift in how long-term residence is assessed. While the Home Office emphasises fairness and contribution, the reforms raise several practical, legal and policy considerations that applicants—and employers—should be aware of.

1. Greater Complexity and Uncertainty
This new model could create a far more fragmented settlement landscape. Different applicants on the same visa route may follow different timeframes based solely on taxation, volunteering, English levels, or historic benefit claims. This may lead to increased uncertainty and require individuals to map out a long-term compliance strategy much earlier in their immigration journey.

2. Higher Administrative Burdens
Proving “sustained” National Insurance contributions, degree-level English, or long-term volunteering will inevitably require new evidential frameworks. Both individuals and employers may face higher documentary demands, and refusals based on technicalities may become more common—particularly in the absence of clear statutory guidance.

3. Risk of Disproportionate Impact
Some groups—particularly lower-income workers, those with interrupted employment, or families with health issues—may be disproportionately affected by the proposed penalties tied to benefit use. Extending settlement to 15 or 20 years significantly alters long-term stability for those who may already be vulnerable.

4. Incentivising “Contribution” Over Integration
While rewarding high earners and Global Talent applicants may attract skilled migration, the focus on economic contribution could overshadow broader integration measures traditionally linked to ILR, such as community stability, family ties, and cultural cohesion.

5. Litigation and Legal Challenge
Any system that lengthens settlement for certain cohorts while accelerating it for higher earners may attract legal scrutiny. Questions around proportionality, discrimination, and consistency with the UK’s international obligations are likely to feature in future legal challenges.

6. Transitional Uncertainty
The government has not yet confirmed how transitional arrangements will work for those already on a 5-year path to ILR. This will be a critical issue for advisers and applicants over the coming months.

Need Advice on Your Route to Settlement or ILR?

These proposals could have significant consequences for both new applicants and those already living and working in the UK. As specialist UK immigration solicitors, we can assist in assessing your eligibility, planning your long-term strategy, and ensuring that you are prepared for the expected reforms.

If you would like a tailored assessment of how the earned settlement proposals may affect you or your organisation, please contact us.

As specialist UK immigration solicitors, we can advise on how the proposed earned settlement system may affect your route to ILR. If you need guidance on your options, eligibility, or long-term planning, our team is here to help.