Changes to ILR, what we know so far about Earned Settlement
In November 2025, the Government published proposals to significant change the immigration rules for people applying for indefinite leave to remain in the UK. They describe this as ‘earned settlement’. This consultation has provided an opportunity for us to better understand how they propose to introduce ‘earned settlement’. Please note that at this stage, this is not law. These are proposed changes and could be subject to change or amendment before being implemented.
What we know from the consultation document
The Government have introduced the concept of ‘earned settlement’ what this means is the applicant, based on their personal or work circumstances, may be able to qualify for ILR sooner or later than the standard base timeframe for ILR.
Applicants would have to meet three minimum requirements. If Applicants cannot meet these requirements then they will not be able to settle, regardless of how long they have been in the UK.
- Suitability- This covers matters such as criminal convictions, breaches of immigration laws, or owing a debt to the government.
- Integration- Applicants must meet an increased English requirement set at level B2 of the Common European Framework of Reference for Languages
- Contribution- Applicants must have contributed to government funds by having earns above £12,570 for at least 3-5 years.
Under the current rules, under the respective qualifying route, the applicant will usually qualify after 5 years of continuous residence.
The Government propose to increase the standard qualifying time to 10 years, 20 years for refugees and 15 years for Care Workers. From this starting point, the Government have listed some considerations to either increase or decrease the qualifying period based on the personal circumstances of the applicant. The consultation specifies that the applicant can only elect one decrease to their qualifying period if multiple apply, though they can choose the most favourable (i.e largest deduction)
Decrease the qualifying period:
- English language level C1 competency, minus 1 year
- Taxable income of £125,140 or above for 3 years immediately prior to settlement, minus 7 years
- Taxable income of £50,270 for 3 years immediately prior to settlement, minus 5 years
- Employed in a specified public service for 5 years, minus 5 years
- Worked in the community (e.g. volunteering), minus 3-5 years
- Current permission as a parent/partner/child of a British Citizen and meets the core family requirement, minus 5 years
- Current permission as a BNO, minus 5 years
- Current permission as a Global Talent of Innovator Founder, minus 7 years
Increase the qualifying period:
- In receipt of public funds for less than 12 months, plus 5 years
- In receipt of public funds for more than 12 months, plus 10 years
- Arrived to the UK illegally, plus 20 years
- Entered on a visit visa, plus 20 years
- Overstayed permission for 6 months or more, plus 20 years
In light of the above factors, an applicant would need to identify their starting point qualifying period then calculate their increase/ deductions to establish their specific ILR qualifying period. ILR eligibility will now range from a 3 year qualifying period to a 40 year qualifying period, and would need to be assessed on a case-by-case basis.
The proposals indicate that these changes will affect people who came to the UK after 2021, although unspecified transitional provisions are referred to.
It is noted in the consultation, that they are unclear on how these rules will affect dependants.
Following the end of the consultation, the Government will need to gather and review the responses and that should publish a response to the consultation within 12 weeks of the end of the period. In this case, we should expect a further update in May 2026.
How we can help
If you have, or will be eligible to apply for indefinite leave to remain in the next 3 months, we would be delighted to discuss with you how we can assist with your application.
If you will not be eligible to apply for settlement for some time, please reach out to hello@otb.legal where we can arrange a paid appointment for a fixed fee of £180 (including VAT where applicable). Please note that any advice given on this policy document will not be ‘legal advice’. These changes have not been implemented and do not at this time form part of the immigration rules.
Contact Us
Not quite ready to book an appointment yet or unsure if it’s the right step for you? No worries! We understand that making decisions regarding legal matters can be daunting.
Reach out to our Client Care Manager, Rikki, who will be more than happy to assist you and guide you in the right direction.
Your peace of mind matters to us, and we’re here to support you every step of the way. Contact Rikki today for personalised guidance and assistance.
