In brief
- The Home Secretary has published the final earned settlement policy, with a 10-year standard qualifying period for ILR.
- Five years applies to those earning more than £50,271 and some public service workers; three years to the highest earners and top talent routes.
- Breaches of immigration rules lead to a 20-year wait; reported benefit rules require five years without claims before applying.
- Care workers who entered or switched before May 2025 keep a five-year route if they meet the requirements.
- Changes begin from the December Immigration Rules, expected but not yet published, and roll out through 2027.
The Home Secretary has now published the final earned settlement policy. In our earlier article, we reported that it would be set out later this year. This update covers what is new.
The qualifying periods
The government says settlement will no longer be granted almost automatically after five years. It will be "earned". Indefinite leave to remain (ILR) is permission to stay in the UK permanently.
- 3 years: the highest earners, reported as salaries above £125,141, and top talent routes such as Global Talent and Innovator Founder.
- 5 years: people earning more than £50,271, and some public service workers, such as doctors, nurses and teachers.
- 10 years: the new standard period for everyone else.
- 20 years: people who have breached immigration rules. One report says this rises to 30 years for people who entered illegally.
All applicants are expected to meet baseline requirements. These include English at B2 level, no criminal record, no debts to the taxpayer and at least three years of National Insurance contributions.
Benefits
It is reported that people who have claimed public funds will not be eligible unless they have not claimed for the five years before applying. This comes from a practitioner's notes, not the official text. We will confirm the detail when the rules are published.
Care workers keep a five-year route
The consultation had proposed up to 15 years for some lower-paid workers. Under the final policy, care workers who entered or switched into the route before the May 2025 Immigration White Paper keep the five-year period. They must meet the £25,000 salary, sponsorship and general requirements.
Care workers who did not meet their visa conditions can apply for a further five-year care visa, not tied to their previous employer. They could then settle after 10 years.
Timing
The Home Secretary said changes will begin to be laid from the December Immigration Rules and will be implemented over 2027. The December rules have not yet been published. We have not found a confirmed start date for the 10-year default.
What this means for Skilled Worker and other routes
Skilled Worker holders earning above the higher threshold, or in listed health and education roles, can expect a five-year route. Others face 10 years and can extend their existing visas until they qualify. We have not seen any general protection for non-care Skilled Worker holders already in the UK. The treatment of dependants and partners is also unconfirmed.
The detail will sit in the Immigration Rules and guidance. Anyone planning an ILR application should check the rules in force when they apply.
How Garth Coates Solicitors can help
We advise individuals, families and employers on settlement and sponsorship. To discuss how the new policy may affect your plans, please request a consultation.
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.
