A significant transformation in the UK policy of acquiring Indefinite Leave to Remain (ILR).
On 20 November 2025, the UK government officially revealed its intention to change the ILR system under the new “earned settlement” model presented in A Fairer Pathway to Settlement. These proposed changes would, if accepted, totally alter the current settlement regime in the UK. The policy would give up a mainly automatic five-year path to ILR and replace it with a longer, more conditional process based on various factors such as contribution, integration, compliance, and character.
Right now, a public consultation lets people, employers, and organizations share their views on the earned settlement system. They can discuss how it should work, who should apply to it, and what exemptions they should allow.
What Is “Earned Settlement”?
The suggested settlement in the UK system would not primarily rely on the migrant’s physical presence in the country anymore. Gradually, they would award ILR, and the evaluators would assess every alien based on the four basic pillars.
Personality
Joining
Giving
Living
All the visa paths would start with a minimum period of stay required, which factors such as the person’s income, English proficiency, contributions to the public service, immigration record, and reliance on government support could shorten or lengthen.
How Settlement Works Under the Current System
At present, ILR is largely time-based:
- Most work and family routes lead to settlement after 5 years
- High-value routes (Global Talent, Innovator Founder) allow settlement after 3 years
- A 10-year-long residence route exists for those with lawful continuous residence
- Applicants must pass the English language and Life in the UK tests and meet suitability requirements
Once these conditions are met, settlement is generally straightforward.
What Is Changing Under the New Proposal?
1. A Longer Default Qualifying Period
Under the earned settlement proposal:
- The default ILR qualifying period would increase from 5 years to 10 years
- Some groups, particularly lower-paid or lower-skilled workers, could face a 15-year baseline
- The 10-year-long residence route would be abolished
Settlement would no longer be automatic at the end of a qualifying period; it would depend on meeting mandatory criteria and earning time reductions.
Mandatory Requirements for All Applicants
To be eligible for ILR, every applicant has to fulfill all the requirements that won’t be subject to negotiations, among which are:
- Character and Suitability
- No severe criminality, dishonesty, or public interest issues
- No NHS, tax, or government debts that are still not paid
- No ongoing litigation against the UK authorities
- Integration
- B2 CEFR level (which is higher than the present B1 requirement) for the English language
- Passing the Life in the UK Test
- Contribution
- Showing taxable income of more than £12,570
- Paying income tax and National Insurance for 3–5 years before applying
- These requirements are not open to negotiation and would cover most pathways.
Ways in Which the Qualifying Period Could Be Shortened
- An applicant who is very contributive or well-integrated might be granted very big cuts on the basic 10 years.
- Some cases in point are:
- High salary (£50,270+) → up to 5 years cut
- Very high salary (£125,140+) → up to 7 years cut
- Employment in public service (e.g., NHS, teaching) → up to 5 years cut
- English at Higher level (C1) → 1 year cut
- Community or volunteering work → up to 5 years cut (after consultation)
Who Will Still Qualify in 5 Years?
Some routes are expected to retain a five-year path, including:
- Partners, parents, and children of British citizens
- Hong Kong BN(O) visa holders
- Global Talent and Innovator Founder visa holders (approx. 3 years)
However, even these groups would still need to meet the new mandatory criteria, unless specific exemptions are introduced.
Factors That Could Extend Your Route to ILR
Certain actions could significantly lengthen your qualifying period, potentially up to 30 years in extreme cases.
Examples include:
- Use of public funds → +5 to +10 years
- Overstaying or visa breaches → up to +20 years
- Illegal or irregular entry → up to +20 years
- Entering on a visit visa and switching later → up to +20 years
These extensions would apply on top of the baseline qualifying period.
Impact on Key Groups
Skilled Workers & Health and Care Workers
- Baseline increases to 10 years
- Some roles below RQF Level 6 may face 15 years
- Faster settlement is only possible through higher earnings or strong contributions
Entrepreneurs & Exceptional Talent
- Global Talent and Innovator Founder routes remain protected
- Settlement still possible after 3 years for most applicants
Families of British Citizens
- A retained 5-year route, but with stricter English and contribution requirements
Long Residence, Private Life & Protection Routes
- The 10-year-long residence route would be removed
- Time would instead be calculated through earned settlement adjustments
- Special protections are expected to remain for vulnerable groups