In brief
- The Home Secretary has announced the government's final earned settlement policy for indefinite leave to remain.
- The government says settlement should be earned, not granted because time has passed.
- For most migrants the standard qualifying period is reported to rise from five to 10 years, with faster routes for the highest earners and highest-talent arrivals.
- Some care workers and other public-sector workers who joined their routes before the May 2025 White Paper keep the five-year period.
- The new rules are not yet in force; changes begin from the December Immigration Rules and roll out during 2027.
- Details on partners, children, fees and pending applications were not confirmed, so check GOV.UK and take advice.
The announcement in brief
The Home Secretary, Shabana Mahmood, has made a statement to Parliament about indefinite leave to remain (ILR). ILR is the status that lets you live in the UK without time limits. The government has also published its response to the earlier consultation. It is called "A Fairer Pathway to Settlement". The government calls the policy "earned settlement".
This is an important step. The government has now set out its final policy after a public consultation, which received 204,667 responses. We could not confirm the exact date of the statement, so please check GOV.UK for it.
The new rules are not yet in force. We have found nothing to show they apply as of 2 November 2026. The current rules apply until the new rules take effect.
Why are the changes being made?
The government says settlement should be earned, not given only because time has passed. Its response says that settlement should be "earned rather than granted on the basis of time alone". The Home Secretary said the right to live in the UK permanently must be earned and will no longer be automatic.
The government has linked the policy to several aims:
- applying points-based ideas to settlement, as set out in the May 2025 White Paper;
- reducing net migration, which is the difference between people arriving and people leaving;
- supporting integration and public confidence in the system.
Not everyone agrees. A parliamentary committee, the Home Affairs Committee, did not support some of the longer waiting periods that were proposed. The final policy is the government's decision, but the debate shows that views differ.
Who will be affected?
Reports of the announcement say the main change is to the standard qualifying period. For most migrants it rises from five years to 10 years. The time needed will depend on factors such as earnings, work, integration and wider contribution.
Faster routes
Some people can apply sooner. Reports say that people with very high salaries, and people who arrive through the highest-talent schemes, can apply after three years. The salary figure is reported as above £125,000. An earlier consultation used £125,140. Please check the exact figure in the final tables on GOV.UK.
People earning under £50,000 face the standard 10-year period.
Requirements for everyone
All applicants must meet requirements on:
- character and suitability;
- government debt;
- English language;
- the Life in the UK Test;
- sustained contribution.
We have not confirmed the English level required or exactly what "sustained contribution" means. We will not guess.
People already in the UK
The 2025 consultation proposed that the changes apply to people already in the UK who do not yet have ILR. The final policy adds transitional arrangements for some groups. These are rules that protect people who were already on a route before a set date.
- Care workers who entered, or switched into, the route before the May 2025 White Paper keep the five-year period. They must still meet the general requirements, including on criminality. Those who entered after that point use the 10-year route.
- Some other healthcare and education workers, including auxiliary nurses, have similar arrangements. These apply only to people who joined those routes before the White Paper.
- Care workers who have not met their visa conditions will be able to apply for a further five-year care visa, without being tied to their previous employer.
Refugees and illegal entry
Reports say the standard period for refugees who did not arrive by a safe and legal route becomes 20 years. Refugees who arrive by new safe and legal routes can settle after five years. People who work or study can reduce their period by 10 years. Anyone who enters the UK illegally will ordinarily face an extra 10-year wait.
What we could not confirm
We could not confirm what the final policy says about these groups and points:
- partners and dependants, including children;
- Skilled Workers in lower-skilled jobs;
- the 10-year long residence route;
- benefit use and public funds conditions;
- fees;
- people with an application already submitted.
People with rights under the EU Settlement Scheme were described as outside the changes in an earlier briefing. That briefing came before the final policy, so please check it again.
When will the changes start?
The Home Secretary told MPs that the changes will begin to be laid from the December Immigration Rules and be rolled out during 2027. The Immigration Rules are the official rules for who can enter or stay in the UK. Impact assessments and detailed guidance are to follow.
We have found no exact start date for the 10-year standard period. We have found no cut-off date for people who already have an application in progress. Earlier target dates were missed, so please do not rely on older articles.
What should you do now?
Do not panic, and do not rush into a decision. Here are sensible steps.
- Check official sources. Read the Immigration Rules on GOV.UK and look for the December 2026 changes when they are published.
- Know your position. Note which visa route you are on, when you entered or switched route, and when you would qualify under the current rules. The May 2025 White Paper date matters for transitional protection.
- Keep your records. Save evidence of earnings, tax, English language and any benefits received. Be ready to explain any criminal record issues.
- Take advice before applying early or waiting. Advice given before the announcement, such as applying early under another route, may no longer be right. The final rules must be checked first.
Our page on indefinite leave to remain (settlement) is a useful related resource.
How Garth Coates Solicitors can help
Settlement plans can affect families, careers and businesses. We can explain what the published rules mean in general terms and what to prepare. You are welcome to request a consultation with our team in Bloomsbury, London, whether you are in the UK or overseas.
This article is general information and was correct on 3 November 2026. It is not legal advice on your circumstances; immigration rules and fees change often. For advice on your case, request a consultation.
