Start with the numbers, because they are what worry most people. If earned settlement becomes law, the standard qualifying period would rise from 5 to 10 years for many migrants. Some workers in roles below RQF Level 6 could face a 15-year baseline. High earners could reduce the wait, while people who have claimed public funds could see it increase. None of this applies today, but it is worth understanding before you plan.
The proposed model works from a baseline that moves up or down.
| Factor | Proposed effect |
| Standard baseline | 10 years for many migrants |
| Roles below RQF Level 6 | Possible 15-year baseline |
| Taxable income above £50,270 for 3 years | Reduction of 5 years |
| Taxable income above £125,140 for 3 years | Reduction of 7 years |
| Public funds claimed for less than 12 months | Increase of 5 years |
| Public funds claimed for more than 12 months | Increase of 10 years |
Only the largest income reduction would apply if more than 1 could be claimed. The consultation also proposes tighter minimum requirements. Applicants would need to meet a stricter criminality standard, show personal income of at least £12,570 for 3 to 5 years, subject to possible exemptions, and meet B2 English, rather than the current B1 standard on many routes. The B2 settlement requirement has already been written into the Immigration Rules for several routes from 26 March 2027.
Some groups are expected to remain on their existing path or sit outside the proposals. That list matters, so check whether you are in it:
- People who already hold ILR or settled status
- EU Settlement Scheme holders, protected by the Withdrawal Agreement
- BN(O) visa holders from Hong Kong
- Partners and children of British citizens on family visas
- People covered by the Windrush arrangements
The hardest question is retrospectivity. The government’s consultation proposed applying the new model to people already in the UK who have not yet settled. Transitional arrangements are still under review, so nobody should assume they are protected unless the final rules say so. You can follow the detail in the House of Commons Library briefing, which tracks the proposals as they develop.
For employers, the planning problem is real. If workers take longer to settle, they may remain sponsored for longer, and your sponsor licence compliance duties may run for longer too. Say you sponsor a chef who arrived in 2022. Under the proposals, that person could face a much longer settlement clock than expected. That reshapes retention, cost and how you manage your sponsor licence.
Families should look at each person separately. A child who came as a dependant and later moves onto their own route, such as under student visa requirements, may have a different clock from a parent. If your plan runs to British citizenship by naturalisation, settling first is still usually the gateway, and holding dual citizenship is allowed where your other country permits it.
A short checklist helps. Confirm your current qualifying date. Track your absences. Keep salary, payslip and tax records clean. If you are self-employed, the self sponsorship visa route has its own evidence trail. If UK citizenship is the goal, note your ILR date, since naturalisation and registration timelines depend on it.
Frequently asked questions
Is earned settlement now law in the UK?
No. The consultation closed on 12 February 2026, and final Immigration Rules have not yet been laid.
Can I still apply for ILR after 5 years?
Yes. If you meet the current requirements on a qualifying route, you can apply under the rules in force when you apply.
When will the 10-year rule start?
There is no confirmed start date. The final rules and any transitional arrangements are still awaited.
Who is expected to keep their current path?
Those already settled, EU Settlement Scheme holders, BN(O) visa holders, family members of British citizens and Windrush cases are expected to be protected or treated differently.
Will the changes apply to people already in the UK?
The consultation proposed that they could, but transitional arrangements have not been finalised.
Speak to us before you plan
If your settlement date falls in 2026 or 2027, check your position now rather than waiting for rules that have not arrived. Book a consultation with our immigration team and we will assess your qualifying period, absences and options under the rules as they stand today.