What Do We Know and What Action Can You Take?
The long-awaited response to the government’s consultation paper on earned settlement was published on 2 November 2026 and the Home Secretary made a statement in the House of Commons on the same day. This post does not cover everything in the response (in particular the changes for skilled workers and refugees) but addresses what we do know about how the provisions might affect indefinite leave to remain (settlement) applications for those in the UK already on family or private life routes and those hoping to make an application for indefinite leave to remain based on long residence.
It should be noted that there were over 200,000 responses to the consultation A Fairer Pathway to Settlement published in November 2025. It should also be noted that whilst the response to the consultation sets out a lot of information about how the earned settlement proposals will be implemented there are still a lot of unanswered questions. We expect immigration rules to be published next month and implementation to start in early 2027 but some of the detail is not yet available.
What do we know at the moment about how earned settlement will affect those in family and private life routes?
The qualifying period for settlement is increasing to 10 years for most people (but stays at 5 years family members of British citizens who meet all the “core” requirements of the immigration rules and haven’t relied on exceptional circumstances) and there are no transitional provisions.
Applicants must meet a £12,571 earning threshold in 5 of the 7 years before their application (with some exceptions). The qualifying period can reduce for those earning higher amounts or who have worked in public service (again this does not apply to family members of British citizens where there are different financial requirements).
Criminality (including minor offending where a matter was disposed of out of court) will result in a settlement application being refused.
Outstanding debts to the NHS and HMRC or litigation debts to the Home Office will result in a settlement application being refused.
The qualifying period will increase to 20 years for those who have breached immigration law (such as by overstaying, breaching conditions or using deception).
The qualifying period will increase to 20 years for those who have received public funds, unless they have not received them for a period of 5 years before making their applications.
The long residence route for people who have lived lawfully in the UK for 10 years will close.
Periods of stay on certain routes which can currently be relied on for a settlement application based on long residence, such as the student, youth mobility and graduate routes (and in certain circumstances leave outside the rules) will not count towards the new 10 year qualifying period. Also, it will not be possible to combine time spent on human rights routes with time spent on work routes.
The 5 year qualifying period will not apply to family members of those who are not British citizens – so if your stay is based on a family member with indefinite leave to remain/settled status your qualifying period will increase to 10 years.
Some routes including for vulnerable groups will not change including the Hong Kong (BNO) route, Victims of Domestic Abuse and Bereaved Partners. Other routes, such as the EU Settlement Scheme, do not come within the remit of the earned settlement reforms.
What Action Can You Take?
If you can apply for indefinite leave to remain now we recommend that you make your application as soon as possible particularly if you wish to apply based on long residence, if your status is dependent on a family member with indefinite leave or if there are any suitability issues which could affect your application such as criminality, breaches of immigration law or receipt of public funds.
We can help with your application. We can also advise about your eligibility for settlement now and how the changes are likely to affect you so please get in touch without delay to book an appointment.
